I. Minimum Housing Standards
In determining the proper bedroom size for each Family, the following principles apply:
- The subsidy standards must provide for the smallest number of bedrooms needed to house the family without over crowding.
- The subsidy standards must be in compliance with applicable State and local law.
These general principles result in the following subsidy standards: (See Section 4.E for possible exceptions to these standards.)
Number of Bedrooms Number of persons Minimum Maximum 1 1 3 2 2 5 3 4 7 4 5 9 5 7 11
A. General Housing Principles – Tenant-Based Program (Excluding HOPE VI and Project-Based)
In addition to meeting the minimum-maximum standards shown above, the following criteria shall also be utilized in determining the proper bedroom size assigned:
- No more than two (2) persons shall be required to occupy a bedroom. At the choice of the participant, family size may exceed the 2 people per bedroom limit by one (1) in order to obtain or retain housing (i.e., family of five (5) may rent a 2 bedroom unit).1
- Head of Household and Spouse (or significant other) who have evidenced a stable family relationship will be allotted one (1) bedroom.
- Persons of different generations shall not be required to share a bedroom. As an example, a grandmother shall not be required to share a bedroom with her children or her grandchildren
- Children:
1 Approved under MTW 4/5/04
- a.
- Children will be allotted one (1) bedroom for every two children living in the household regardless of age or sex.
- b.
- Included in determining the bedroom size are the following:
1) All children anticipated to reside regularly in a dwelling unit. Examples include children expected to be born to pregnant women, children who are in the process of being adopted by an adult, or children whose custody is anticipated to be obtained by an adult within 12 months of being housed. All cases must clearly be documented through third party verification;
2) Children who are temporarily absent from the home due to placement in foster care;
3) Foster children
4) Children who are away at school will not be considered in determining allowable bedroom size.
- Two (2) or more single Elderly persons or persons with a disability residing in the same dwelling unit shall be assigned to a unit so that each has a separate bedroom, or so that the bedrooms may be occupied by two (2) persons, at the option of the Family.
- A live-in aide who is not a member of the family shall not be required to share a bedroom with another unrelated member of the household. A live-in aide's family members may reside in the unit provided doing so:
- a.
- Does not increase the subsidy by the cost of an additional bedroom; and
- b.
- The presence of the live-in aide’s family does not overcrowd the unit.
- Dwelling units shall be assigned so as not to require use of the living room for sleeping purposes, with the exception of zero bedroom units.
- Space will not be provided for a family member who will be absent most of the time, such as a member who is away in the military.
B. General Housing Principles - HOPE VI and Project-Based Program
(The HOPE VI waiver to the Subsidy Standards expires five (5) years from the initial date of Housing for each HOPE VI participant. Families still using their Housing Voucher at the start of their sixth year will be required to follow the Tenant-based Subsidy Standards.)
- No more that two (2) persons shall be required to occupy a bedroom. At the option of the participant, family size may exceed the 2 people per bedroom limit by one (1) in order to obtain or retain housing (i.e., family of five (5) may rent a 2 bedroom unit)
- Persons of the opposite sex, other than husband and wife, shall not be required to share a bedroom. Two (2) unrelated, unmarried adult individuals who have indicated a current, regular relationship with each other and who have been determined eligible as a Family, shall be treated the same as husband and wife and assigned to one bedroom.
- Persons of different generations shall not be required to share a bedroom. As an example, a grandmother shall not be required to share a bedroom with her children or her grandchildren.
- Children:
- a.
- Children of the same sex shall share a bedroom.
- b.
- Children of the opposite sex, with the exception of those under the age of four (4), shall not be required to share a bedroom. At the option of the family, children of the opposite sex past the age of four (4) years, may share the same bedroom or living/sleeping room for continued occupancy.
- c.
- Included in determining the bedroom size are the following:
1) All children anticipated to reside regularly in a dwelling unit. Examples include children expected to be born to pregnant women, children who are in the process of being adopted by an adult, or children whose custody is being obtained by an adult;
2) Children who are away at school, but who will live with the family during breaks;
3) Children who are temporarily absent from the home due to placement in foster care;
4) Foster children
- Two (2) or more single Elderly persons or persons with a disability residing in the same dwelling unit shall be assigned to a unit so that each has a separate bedroom, or so that the bedrooms may be occupied by two (2) persons, at the option of the Family.
- A live-in aide who is not a member of the family shall not be required to share a bedroom with another unrelated member of the household. A live-in aide's family members may reside in the unit provided doing so:
- a.
- Does not increase the subsidy by the cost of an additional bedroom; and
- b.
- The presence of the live-in aides family does not overcrowd the unit.
- Dwelling units shall be assigned so as not to require use of the living room for sleeping purposes, with the exception of zero bedroom units.
- Space will not be provided for a family member who will be absent most of the time.
C. Change in Participant's Family Size
1. Tenant-Based Program including HOPE VI Program
Where it is found that the size of the dwelling unit is no longer suitable for a participant Family in accordance with these standards, the HA will issue the Family the appropriate sized Voucher and require them to move as soon as feasible but in no event later than their next Annual Review. Should this occur, the HA must:
- a.
- Notify the Family and Owner of the termination; and
- b.
- Terminate the HAP contract at the end of the calendar month that follows the calendar month in which the HA gave such notice to the Owner.
2. Project-Based Program
a. Where it is determined that the size of the dwelling unit is too small for a participant family in accordance with the above standards, the family will have the following options:
1) If the appropriate size project based unit within the same housing complex is available and under the project based contract, the family may transfer their assistance upon notification to the Housing Authority.
2) If the appropriate bedroom size is not available or not under the project based contract, the HA may allow the family to remain in the unit with written approval from the landlord, however, the HA reserves the right to overrule the landlord decision on a case-by case-basis.
3) If neither option applies, the family will be required to move and will no longer receive housing assistance.
b. Where it is determined that the size of the dwelling unit is too large for a participant family in accordance with the above standards, the family will have the following options:
1) If the appropriate size project based unit within the same housing complex is available and under the project based contract, the HA will require the family to transfer their assistance to the smaller unit upon notification by the landlord that the unit is ready for occupancy.
2) If the appropriate bedroom size is not available or not under the project based contract, the HA will allow the family to remain in the larger unit without adjusting the tenant rent for the greater of 3 months or the date of the next Annual Review. If the family is still in the unit at that time, the HA will adjust the rent using the payment standard appropriate for the family size and the family will pay any increase in the rental amount.
D. Where Unit Size Does Not Match Voucher Size (tenant-based program only)
1. A family may rent a unit with more than or less than the number of bedrooms listed on the voucher as long as the unit meets the space requirements described in Section 4.B. of this policy.
For the Voucher program, the payment standard must be the lower of:
- The payment standard for the family unit size; or
- The payment standard for the unit rent by the family.
E. Granting of Exceptions to Unit Size Standards
The criteria and standards prescribed for the determination of any applicant's unit size in the Tenant-based, Project-based and HOPE VI programs should apply to the vast majority of families. Unique situations, including a request for a reasonable accommodation, may warrant the assignment of a different size unit than stated in the HA's subsidy standards. As an example, a family may need an exception to the subsidy standards for a unit that is large enough to accommodate a member of the family or a person associated with that household who has a physical or mental disability or where State, local or Federal law requires. Such exceptions, however, must be fully verified and documented in the applicant or tenant's file.
The HA will notify an Applicant/Participant that exceptions to the standards may be granted, and of the circumstances in which the granting of an exception will be considered by the HA.
SECTION 5. PARTICIPANT SELECTION
Among income eligible applicant families of the size and composition appropriate to available Vouchers, Families will be selected without regard to race, color, religion, age, sex, national origin, familial status, marital status, parental status, sensory, mental, or physical disability or the use of a trained guide dog by a visually or hearing impaired person. In addition, no person will be automatically excluded from participation in or denied the benefits of the Housing Voucher Program solely because of membership in a class such as unmarried mothers, recipients of public assistance, persons with a disability, etc.
The HA's Participant Selection system will be administered in a manner that is not incompatible with Title VI of the Civil Rights Act of 1964, the Federal Fair Housing Act, Executive Order 11063, as amended, Executive Order 12259, Executive Order 12892, Title II of the American with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, state or local Fair Housing laws, and any other HUD requirements and regulations issued under the above authorities.
Specific participant selection procedures, definitions and requirements not covered in this Administrative Plan or in the MTW agreement will adhere to the guidelines of 24 CRF Part 882, Part 982 and Part 983.
A. INCOME TARGETING REQUIREMENTS
The HA will adhere to the statutory requirement that 75% of newly admitted families in any fiscal year be families who are extremely low-income (at or below 30% of the area median income). To ensure this goal is met, the HA will twice yearly monitor incomes of newly admitted families and the income of the families on the waiting list. If it appears the requirement is not being met, the HA retains the right to skip higher income families on the waiting list to reach extremely low-income families. If there are not enough extremely low-income families on the waiting list, the HA will conduct outreach on a non-discriminatory basis to attact extremely low-income families to reach the statutory requirement.
B. DEFINITIONS OF LOCAL PREFERENCES
1. Involuntarily Displaced. A family is or will be considered involuntarily displaced if the applicant has vacated or will have to vacate the unit where the applicant lives because of one or more of the following:
- Displacement by disaster;
- Displacement by government action;
- Displacement by action of a housing owner (where a signed lease existed);
- Displacement by domestic violence. Domestic violence is defined as actual or threatened physical violence directed against one or more members of the applicant's family by a spouse or other member of the applicant's household;
- Displacement to avoid reprisals
- Displacement by hate crimes. Hate crimes are actual or threatened physical violence or intimidation that is directed against a person or his or her property and that is based on the person's race, color, religion, sex, national origin, disability, or familial status;
- Displacement by inaccessibility of unit;
- Displacement because of HUD disposition of a multifamily project.
7/21/08
2. Substandard Housing. A family is living in "Substandard Housing" if they are "Homeless" as defined in Section 2 of this administrative plan, or if living in housing that:
- Is dilapidated;
- Does not have operable indoor plumbing;
- Does not have a usable flush toilet inside the unit for the exclusive use of the family;
- Does not have electricity, or has inadequate or unsafe electrical service;
- Does not have a safe or adequate source of heat;
- Should, but does not have a kitchen;
- Has been declared unfit for habitation by an agency or unit of government.
3. Rent Burden. A rent burdened family is a family who is currently paying more than 50% of total family income for rent and utilities. (Applilcants currently living in public housing or receiving rental assistance will not be eligible to claim this preference.)
C. ORDER OF SELECTION Only those applicants qualifying for Category 1 or Category 2 listed below will be placed on the waiting list. All others will be determined to be ineligible for the Section 8 program.
1. Category 1 -General Non-targeted Housing Voucher Funding.
a. A family who qualifies for one of the three local preferences will be selected in order by a computer generated random number assigned at the time the application was taken. 1
2. Category 2 - Targeted Housing Voucher Funding.
Generally, priority will be given to applicants who qualify for Category 1. However, eligible applicants who qualify for one of the three local preferences and who document a housing need according to one of the targeted voucher programs listed below may be housed ahead of Category 1 applicants.
1 Approved under MTW 7/21/08 7/21/08
a. Qualifying applicants will be offered vouchers associated with the Allocation and Mainstream programs for people with disabilities in the following order:
i. Current disabled residents in King County Housing Authority mixed population buildings who are under the age of 62, but only during a specified time period designated by the HA.
ii. Current disabled applicants who are under the age of 62 and who are applying for King County Housing Authority mixed population building, but only during a specified time period designated by the HA.
iii.Applicants referred by the following outside agencies:
• A consortium of continuing care facilities, under HASP, working with young disabled clientele according to the following criteria:
¾ Disabled applicants who have been determined by their service provider agency to be prepared to move to permanent housing from transitional housing programs such as:
‰ Cluster Housing ‰ Shelters ‰ HOPWA funded programs to permanent housing
¾ Disabled applicants who have been determined by an agency to be prepared to transition from a supervised living arrangement to a supported living arrangement, such as clients who are transitioning from: ‰ Group Homes ‰ Hospitals ‰ Living with Family Care Givers ‰ Congregate Care Facilities ‰ Assisted Living Facilities ‰ Physical Rehabilitation Facilities
¾ Applicants that are temporarily living in an agency-coordinated and/or sponsored housing arrangement.
b. Applicants qualifying for the following funding targeted for the Project-Based program will be offered assistance in accordance with selection procedures outlined in the Project-Based operating plan:
7/21/08 5-3
i. The funding equivalent of up to 200 vouchers will be assigned for use with the Project-Based assistance program for disabled households and individuals who need on-site support services (HASP).
ii. The funding equivalent of 300 vouchers made available for both Project-based assistance and Tenant-based assistance for new transitional housing programs for homeless families in King County in collaboration with the Gates Foundation Sound Families Initiative.
iii. In partnership with the Casey Family Foundation and DSHS, qualified applicants will be offered up to the funding equivalent of ten (10) Tenant-based vouchers made available to adults ages 18 to 21 transitioning from foster care.
- iv.
- The funding equivalent of 389 (269 replacement + 120 additional) vouchers made available for use in KCHA’s HOPE VI replacement unit Project-Based program.
- v.
- The funding equivalent of 324 vouchers made available for use in KCHA’s replacement unit Project-Based program as a result of redevelopment of a public housing apartment complex.
vi. The funding equivalent of 150 vouchers made available for projects that require temporary or permanent operating subsidies in order to serve extremely low-income households.
vii. The funding equivalent of 100 vouchers to increase housing opportunities for households with children in low-poverty, employment-rich areas with limited subsidized housing opportunities.
- c.
- A limited number of vouchers (estimate 25) will be made available as an exit strategy for families participating in the HA’s Section 8 Project-based transitional housing program.
- d.
- Current Public Housing residents who successfully complete, or make a good faith effort towards completing, their three-year Youngs Lake Homes residential/economic self-sufficiency plan,but have been unable to increase their income to the point where they have been able to either purchase a home or have sufficient resources to independently afford private rental housing will be offered a voucher.
- e.
- Qualified applicants will be offered up to 30 vouchers in connection with the ROSS Grant Homeownership Program.
- f.
- Current Public Housing residents living at Park Lake Homes who qualify for HOPE VI funding specifically targeted for relocation assistance during the demolition and construction stages of the HOPE VI project.
- g.
- Any current Public Housing residents living at Park Lake Homes who require relocation due to the HOPE VI demolition and construction,but cannot be accommodated through the relocation vouchers made available by HUD under the HOPE VI program.
- h.
- Qualifying applicants will be offered vouchers as part of specialized programs where the HA received targeted funding from HUD or where the HA has established a local preference and where HUD continues to require reissuance of turnover vouchers to applicants in the same special program. These programs are as follows: i. Family Unification (100 units) families referred by Washington State Division of Children and Family Services through 2/28/06 (See Exhibit Q); ii. Housing Access (50 units) assists persons with disabilities to transition from nursing homes into the community (Exhibit U). iii. Victims of Domestic Violence (117 units) (See Exhibit R); iv. Participants who qualify as Terminally Ill (25 units) (See Exhibit P).
- i.
- Applicants who, as determined by the HA, are in urgent situations where they do not qualify for any of the above. All such situations will be verified as to the urgency of the applicant’s housing needs and will only be approved by the Executive Director.
D. TIMING/VERIFICATION OF LOCAL PREFERENCE
Prior to be placed on the Section 8 waiting list, all applicants must initially claim qualification for one of the three categories within local preference 1 on their application for housing. Verification will only be required at this point if the HA has evidence indicating that misrepresentation has occurred or otherwise showing that the declaration is inaccurate. Prior to actually being selected for housing, applicants will be required to document that a preference still exists (See Exhibit E of the Administrative Plan for specific verification requirements). However, an applicant whose verified annual income is at or below 75% of that of an extremely low-income household (i.e., 75% of 30% of AMI) will be allowed to self-certify preference information. 2 (This certification waiver does not apply to those applicants living in public housing or receiving rental assistance.)
If such verification cannot be provided, the application will be cancelled and removed from the waiting list. Cancelled applicants will be awarded the opportunity for a
2 Approved under MTW 4/5/04 4/16/07
review of their claimed preference with the Section 8 Program Coordinator (See Section E below).
If a Section 8 applicant is currently receiving tenant-based assistance under the HOME Program, the HA determines whether the applicant qualifies for a Federal Preference based on the situation of the applicant at the time they received assistance from the HOME Program.
E. DENIAL OF A LOCAL PREFERENCE
An applicant will be denied a local preference when either of the following exist:
- The applicant is unable to adequately document their qualification for the claimed preference as required by the HA.
- The applicant has been evicted from housing assisted under the U.S. Housing Act because of drug-related criminal activity by any member of the applicant family within the 3-year period prior to the date of application for the claimed preference. In making this determination, the HA will consider such factors as:
- Whether the evicted person has successfully completed a rehabilitation program approved by the HA;
- Whether the evicted person clearly did not participate in or know about the drug-related criminal activity; or
- Whether the evicted person no longer participates in any drug-related criminal activity.
An applicant denied a preference will receive a prompt written notice giving a brief statement of the reasons for the denial and given an opportunity to meet with the Section 8 Program Coordinator to review the denial. This review will be limited only to the issue of whether the applicant meets the criteria for receiving a preference.
F. ESTABLISHING A LOCAL PREFERENCE
The HA will publicly notify interested parties for comment any time a new local preference is proposed or a current local preference is revised. Interested parties will be invited to comment on the proposed additions and present any concerns they feel should be addressed. Any change in the HA local preference will be made in accordance with the provisions of the MTW agreement and the annual plan.
4/16/07
SECTION 6. BRIEFING AND ISSUANCE OF VOUCHERS
When the HA determines there is sufficient funding to admit the top family on the waiting list, a Housing Voucher will be issued. As part of the Making Transitions Work (MTW) program, the HA has block granted all but 350 mainstream units of its voucher funding.1 There are no restrictions on who the block grant vouchers may be issued to. The 350 mainstream units will be limited to families with disabled family members.
Under certain special situations where an applicant may not be available to receive their assistance (i.e., surgery, substance abuse treatment centers, etc.), the client may request their application be placed at the bottom of the priority list for which they qualify. For applicants currently enrolled in a King County Housing Authority associated project-based transitional housing program where the family has not yet completed their required term in the transitional unit, the clients application will remain at the top of the waiting list until they graduate from the program.
The HA will enter on the Voucher the smallest number of bedrooms consistent with its subsidy standards. These standards will provide for the smallest subsidy level which will avoid overcrowding of a Family, and will permit the Family to rent a unit conforming with the Housing Quality Standards. Exceptions from the subsidy standards may be granted by the Section 8 Coordinator, if warranted, due to such factors as age, sex, health or disability of family members, or other individual circumstances (See Section 4). Documentation as to the reason for any exception will be maintained in the Family's file.
A system will be kept that assures the HA will be able to honor all outstanding Vouchers within the funding provided under the ACC.
A. Briefing of Housing Voucher Holders
When a Family initially receives its Housing Voucher, a full briefing will be provided to assist the Family in finding a suitable unit and to apprise the Family of its responsibilities and rights, as well as the responsibilities of the Owner. Briefings may be conducted either individually or in groups. Applicants unable to attend a briefing due to a disability may request a reasonable accommodation such as having the briefing presented at an alternative location. Applicants needing to reschedule their briefing date may do so if the following criteria is met:
- Under ordinary circumstances, the request must be received in writing prior to the date of the briefing.
- Complete documentation is provided showing that the reason for the reschedule was beyond the control of the applicant.
- The applicant has not been rescheduled for a previous briefing.
1 Approved under MTW 7/25/05
7/14/06
Under certain special situations where an applicant may not be available to receive their assistance (i.e., surgery, substance abuse treatment centers, etc.), an additional option may be available provided proper documentation is received. In such a case, the client may request their application be placed at the bottom of the priority list for which they qualify.
All briefings will cover the following areas:
- A description of how the program works;
- Family and owner responsibilities.
- Where the family may lease a unit, including renting a dwelling unit inside or outside the HA jurisdiction. Eligible types of housing will also be explained. The HA will assist a family in locating a unit by providing lists of owners interested in leasing on the Section 8 program, but will explain that they have the right to select any eligible unit within the HA’s jurisdiction.
a. For a family that qualifies to lease a unit outside the HA jurisdiction under portability procedures, the briefing will include an explanation of how portability works, including any restrictions based on 12-month residency requirements. The HA will not discourage the family from choosing to live anywhere in the HA jurisdiction, or outside the HA jurisdiction under the portability procedures.
- If a family is currently living in a high poverty census tract, the briefing will also explain the advantages of moving to an area that does not have a high concentration of poor families.
- In briefing a family that includes any person with disabilities, the HA will take appropriate steps to ensure effective communication in accordance with federal requirements.
- The housing quality standards procedures for family and owner inspections;
- Information on significant aspects of federal, state and local fair housing laws and how they affect their participation in the Section 8 program;
- The HA's informal review and hearing procedures for applicants and participants.
- HUD and HA forms required, including the fact that the family may obtain copies of the HQS, the Contract, and other pertinent forms or documents on request.
- The HA subsidy standards unit size information (including exceptions);
- The HA policies regarding expirations and extension of Vouchers
- Information on Terminations of tenancy and family obligations
- Information on Penalties for perjury, misrepresentation, fraud.
- The minimum requirements of the lease including:
- a.
- Name of the owner and tenant
- b.
- Address of the rental unit
- c.
- Term of the lease
- d.
- Amount of monthly rent to owner
- e.
- Utilities and applicances to be furnished by the owner and to be furnished by the tenant.
15. Information regarding any restrictions on the amount of the initial tenant rent.
During the briefing, families will be urged to ask about any aspect of housing, relevant or not to this program, in an effort to determine what areas of housing need to be fully explained or emphasized. It is the desire of this Authority that each Family will be properly briefed and sufficiently informed so that the Family can have the maximum
4/10/06
opportunity for choice of housing, find a suitable approvable unit, and discuss the requirements of the program with an Owner.
Families will also be assured of the HA's concern in assisting them in their efforts to improve their housing environment and the HA's willingness to offer any additional information which may be helpful. The briefing sessions will be conducted by a Briefing Specialist. Individual briefings may be given to Families who are not able to attend group sessions due to reasonable accommodation requests or other documented emergencies.
B. Voucher Holder's Packet
When a Family attends the briefing, the Family will be given a Voucher holders packet which will include information on the following:
- The term of the Voucher, and the HA policy on any extensions or suspensions of the term. The packet will also explain how, and under what circumstances, an applicant may be able to request an exception.
- How the HA determines the housing assistance payment for a family, including information on the payment standard and the HA utility allowance schedule.
- How the HA determines the maximum rent for an assisted unit;
- What the family should consider in deciding whether to lease a unit, including:
- a.
- The condition of a unit;
- b.
- Whether the rent is reasonable;
- c.
- The cost of any tenant-paid utilities and whether the unit is energy-efficient;
- d.
- The location of the unit, including proximity to public transportation, centers of employment, schools and shopping;
- e.
- Whether the Security Deposit required is reasonable.
- Where the family may lease a unit. For a family that qualifies to lease a unit outside the HA jurisdiction under portability procedures, the information packet will include an explanation of how portability works. The family will also receive information concerning any restrictions on where they may lease, including any dwelling unit receiving other housing subsidy as described in 24 CFR Part 982.352(c).
- The HUD-required "lease addendum" and an explanation that the "lease addendum" is the language that must be included in any lease.
- The form of request for lease approval, and an explanation of how to request HA approval to lease a unit.
- A statement of the HA policy on providing information about a family to prospective owners.
- HA subsidy standards, including when the HA will consider granting exceptions to the standards.
- The HUD brochure on how to select a unit.
- The HUD lead-based paint (LBD) brochure (Most current year).
- Information on federal, State and local fair housing laws, and a copy of the housing discrimination complaint form.
- A list of landlords or other parties known to the HA who may be willing to lease a unit to the family, or help the family find a unit.
- Notice that if the family includes a person with disabilities, the family may request a current listing of accessible units known to the HA that may be available and/or other necessary Reasonable Accommodations.
- Family obligations under the program.
- The grounds on which the HA may terminate assistance for a participant family because of family action or failure to act.
- HA informal hearing procedures. This information will describe when the HA is required to give a participant family the opportunity for an informal hearing, and how to request a hearing.
- A sample HAP Contract for an owner to review.
- A summary sheet concerning HQS requirements and, in particular, items most likely to fail an inspection.
- HA requirements for reporting changes affecting income or family composition.
4/10/06
C. Term of Voucher -- Expiration or Extension
The initial term of a voucher will be 60 calendar days with an automatic extension of an additional 60 days. Any request for an extension must come prior to the Voucher expiration date. The voucher automatically expires at the end of 120 calendar days (or any approved extension date) unless a Request for Tenancy Approval is submitted before expiration of the original Voucher, or any approved extension. Requesting a lease approval within the time period automatically suspends the timing while the HA reviews the Request. If the Request is subsequently determined to be unacceptable for program use, the HA will provide the applicant with a reasonable amount of additional time to locate a unit.
For incoming portable participants, no extensions will be granted by KCHA. Participants wishing to extend their portable voucher must contact their initial HA and obtain the following information in writing:
- Permission to extend the voucher;
- The date of the extension; and
- Confirmation that the notification periods outlined on the HUD-52665 will be extended to accommodate the voucher extension period.
For all other voucher holders, extensions will be granted using the following criteria:
1. For Disabled Participants
- After the initial 120 day voucher period, the Section 8 Case Management Coordinator may grant an extension of the voucher for an additional 60 days.
- Extension requests beyond the 180 days (120+60) must be forwarded to the 504 Coordinator for approval. Approval may be granted in a maximum of 60-day increments and the client will need to present a plan on how they believe they will find a unit in the time allotted.
- Additional time may be granted by the 504 Coordinator provided above stipulations are met.
2/11/08
2. For Non-disabled Participants
• After the initial 120 day voucher period, the Section 8 Case Management Coordinator may grant an extension of the voucher for an additional 60 days if they can document one of the following hardship reasons kept them from locating a unit in the initial time period:
- o Medical Reasons
- o Domestic Violence
- o Work Obligations
- o Military Obligations
- o Other Family Obligations
• Additional time, if needed, must be approved by the Section 8 Program Coordinator.
For any Family which feels it has experienced discrimination in the search for suitable housing, the HA will assist the Family in reporting such discrimination to the appropriate jurisdiction such as HUD’s office of fair housing using Equal Opportunity Complaint Form, HUD-903.
2/11/08
F. Exceptions to Verification Procedures
In cases where the most recent income and family composition information supplied by the tenant result in the tenant being responsible for the entire rent amount requested by the landlord, no further income verification will be required. 3 Any subsequent reduction in income resulting in the resumption of a Housing assistance payment, will fall under the normal verfication guidelines.
3 Approved under MTW 10/9/03
8/18/08
SECTION 8. HOUSING QUALITY STANDARDS AND INSPECTIONS
A. The Housing Quality Inspection
The purpose of the Section 8 Voucher Program is to assist a very low-income family in obtaining a decent, safe and sanitary place to live. Thus, the HA will inspect all units prior to initial leasing to determine that the units are safe and sanitary. The HA will utilize HUD Guidebook 7420.10G, the Housing Inspection Manual, 24 CFR Part 982.401, and the MTW agreement as guides in explaining and interpreting Housing Quality Standards. In addition, the HA will be governed by state and local law, and local fire codes concerning identification of units and operation and placement of smoke detectors. The HA will use the HUD Inspection Checklist (Form 52580) or computer generated revision for the actual inspections.
For the SRO Mod Rehabilitation Program, the HA will adhere to the requirements of 24 CFR 882.404 and 982.401. Specifically, a sprinkler system that protects all major spaces (as defined in 24 CFR 882.803 (b) [2]), hard wired smoke detectors, and such other fire and safety improvements as State and local law may require shall be installed in each building.
As the purpose of these inspections is to determine the livability of each unit according to the Housing Quality Standards set by HUD, the HA's inspections will pass judgments only on housing conditions which are visible. Hazards which are within wall systems, or which require testing to detect, are beyond the scope of an HQS inspection. By participating in this inspection, the HA is expressing an opinion only regarding the quality and condition of the matters reported upon and nothing contained in the HA's inspection report shall be considered as a representation by the HA of any fact or as a warranty by it as to quality or condition. The Family and Owner will be required to sign a Lease Addendum acknowledging the purpose and limitations of the HQS inspection.
As part of the MTW program, the HA adopted a change to the inspection guidelines allowing a unit to be acceptable for occupancy if there are no “major” fail items. The HA will conduct reinspections only on units that failed as a result of major failures. A unit will be considered to be eligible to receive a subsidy and the HA will be authorized to execute a HAP contract if there are no outstanding major fail items1. Those owners with units that had only minor fail items will self-certify upon signature of the HAP contract that the repairs will be made. It is expected that repairs to all failed items will be made within 30 days of the original inspection date, or any extension approved by the HA, regardless whether they are major or minor fail items.
1 Approved under MTW 6/30/03 and revised to include initial inspections 6/25/07
Specifically, the HA will conduct:
1. Initial Inspections
Initial inspections of units will be performed in response to a Request for Tenancy Approval within 15 days of receipt or when the unit is available. The Owner and participants will be informed, in writing, of the results of the inspection, provided a list of all minor and major HQS violations identified and given a time frame for corrections to be made, if applicable.
2. Recertification Inspections
Recertification inspections are not tied to the annual income review date. The first recertification inspection following the initial inspection will occur no less than 8 months from the initial move in date and no more than 20 months from the initial move in date. All subsequent inspections will occur within 12 months of last inspection.2 Although the actual inspection date may take place anywhere from 60 to 120 days in advance of the next scheduled inspection date, the unit will be considered to have been inspected once every 12 months if passed prior to the anniversary date of the last inspection.3 If any “fail” items are discovered, the HA will contact the owner regarding the HQS violations. Once notified, the owner has two options:
a) They may correct all failed items on their own, regardless of who actually caused the damage; or
b) They may make a determination which failed items are caused by the tenant and require the tenant to make the repairs. If this option is chosen, the owner must notify both the Housing Authority and the tenant explaining which items the tenant will be responsible for and when the repairs must be made.
For failed items requiring reinspection, the Housing Authority will give the owner reasonable amount of time to correct the deficiencies. If the violation is considered life threatening, the repairs must be made within no more than 24 hours from notification (Examples include: No hot or cold water, no electricity, major plumbing or natural gas leak, exposed electrical wiring, etc.). All other repairs must be corrected within no more than 30 calendar days ( or any HA-approved extension).
If the repairs have not been made by the required date, the HA will determine who is responsible for the repair of each item not corrected. Failure by the owner to correct the “owner” caused fail items within the time frame will result in abatement of the HAP until the corrections are made. Should the abatement continue for 30
2 Approved under MTW 8/14/06 3 Approved under MTW 10/9/03
days, the owner will be given proper notice for termination of the HAP contract. Failure by the family to correct the “tenant” caused fail items within the time frame allowed will result in termination of assistance. The HA will not hold the owner responsible for a breach of the HQS determined to be caused by the family.
3. Special Inspections
The HA will perform special inspections at the request of the owner, tenant, or other interested party. Items which violate HQS will be treated in the same manner as described in paragraph A.2 above.
4. Vacate Inspections
As a general rule, the HA does not perform an inspection at the time the family vacates. However, if the owner notifies the HA of possible serious tenant caused
damage to the unit, an inspection will be done. The owner will be informed that the inspection is to establish whether the family has violated Section 8 HQS and cannot be used to assist in documenting damage to the unit for the purpose of collecting from the tenant. If serious HQS violations are found, the family may be denied further assistance.
5. Reinspections.
The HA will conduct reinspections only on units that failed as a result of major failures.4 An extensive list of minor and major fail items will be kept by the HQS Inspection Coordinator and will be reviewed periodically with the Inspection team for possible revisions (See Exhibit S). This list may be updated without approval by the Board of Directors.
B. Lead Based Paint
The Housing Authority has established procedures to eliminate to the extent practicable lead-based paint hazards in housing occupied by families receiving tenant-based assistance. The Lead-based paint procedures apply only to properties with deteriorated paint surface (pealing, chipping, chalking, cracking, or otherwise damaged or separated paint) that were built before 1978 AND are occupied by households with a child under the age of 6 years (or a pregnant household member). (See Exhibit O).
C. Record Keeping
A report of every unit inspection and reinspection will be maintained in the family’s file and will report on:
4 Approved under MTW 6/30/03 and revised to include initial inspections 6/25/07
- Any defects or deficiencies in the unit that need correcting to meet HQS; and
- Other defects or deficiencies observed by the HA inspector (for use if the owner later claims that the defects or deficiencies were caused by the family).
Neither 24 CFR Part 982 nor anything in this Section creates any right of the family, or any party other than HUD or the HA, to require enforcement of the HQS requirements by HUD or the HA, or assert any claim against HUD or the HA, for damages, injunction or other relief, for alleged failure to enforce the HQS.
D. Housing Quality Standard Upgrades
In association with HUD and through the HA MTW agreement, the following upgrades have been made to the minimum Housing Quality Standards:
- The drain line attached to the pressure relief valve on all hot water heaters must extend to within at least 6 inches off the floor.
- All units must have unit numbers located on the unit and visible from the street (per King County Fire Code).
- Window locks must by permanently attached to the window or window frame. Sticks are no longer a substitute for a locking device.
- In addition to published requirements, all rooms to be considered a bedroom (unless the room was originally designed and intended for use as a bedroom) must:
- a.
- have a window in an exterior wall;
- b.
- have four permanent walls (no curtains or freestanding dividers);
- c.
- have an entry way which can be closed for privacy (doors preferred but not required);
- d.
- have an acceptable permanent heat source with the room, except when a heat source, which is completely adequate for both rooms, is adjacent to this room;
- e.
- be at least seventy (70) square feet (per WSC);
- f.
- not be used for any other purpose other than sleeping (i.e. laundry room, bathroom, etc.).
5. In addition to published requirements, all rooms to be considered a living/sleeping room, must:
- a.
- have a window in an exterior wall;
- b.
- have at least three permanent walls;
- c.
- have an acceptable permanent heat source with the room, except when a heat source, which is completely adequate for both rooms, is adjacent to this room;
- d.
- not be one of the following rooms: kitchen, bathroom, living room, dining room, or garage/attached shed;
- e.
- be limited to only one per unit.
- All owners wishing to rent a mother-in-law apartment on the program must provide the HA with acceptable building permits from the city or county in which the unit is located in order to be considered for the program. Mother-in-law apartments are defined as those units originally designed as a single family dwelling unit where an additional, self-contained unit has been added on or remodeled from within the unit to make two or more separate dwellings.
- Furnace units will be required to be inspected at least once every two years by a certified professional to avoid possible fire or carbon monoxide hazards.
E. Automobiles
In order to maintain general site and neighborhood conditions, the following policies will be enforced concerning Automobiles on the property:
- All vehicles on the property that are in disrepair and their physical condition (i.e. broken windows, up on jacks, sharp metal edges, etc.) constitute a hazard must be removed.
- All vehicles parked on the property must be registered to members of the family who are listed on the lease. Vehicles parked on the property on a permanent basis that do not belong to the family must be removed.
- Vehicles must be parked in areas designed for parking, not on landscaped areas such as lawns or gardens.
F. Infestation
When there is evidence of infestation, but it is not possible to determine the extent of infestion, the property must be inspected by a qualified extermination firm and, if necessary, treated for the infestation.
G. HQS Monitoring Inspections
To promote consistency in inspections, a supervisor (or designee) will randomly reinspect a sampling of the HQS inspections. The minimum number of files and/or inspections checked shall be checked using the following formula: For HQS inspections and HQS enforcement – 30 files for the first 2000 units under contract plus 1 for each additional 200. If any "fail” items are discover at these monitoring inspections, the following will occur:5
- The owner and tenant will be contacted by mail to ensure that the corrections are made. Items which violate HQS will be treated in the same manner as described in paragraph A.2 of this section.
- The inspections will be regularly analyzed to determine if any patterns of errors occur. Information derived from this analysis will then be used in the HA's ongoing HQS Training Program.
In addition, the HA will monitor at least an additional 5% of the units that qualified for self-certification as a result of minor fail items. If, as a result of the monitoring inspection, it is found that the items have not been repaired and it is determined that the owner intentionally misrepresented the correction of these items, self-certification will no longer be an option for this owner. Depending on the severity of the misrepresentation, the HA reserves the right to implement other sanctions against the owner, including abatement or termination of the Housing Assistance Payments.
5 Approved under MTW 10/9/03
SECTION 9. LEASING AND RENT CALCULATION
I. OWNER RESPONSIBILITY FOR TENANT SCREENING
A. At or before HA approval to lease a unit, the HA will:
1. Inform the owner that the HA has not screened the family’s behavior or suitability for tenancy and that such screening is the owner’s responsibility. The Owner will be encouraged to consider the family’s background with respect to such factors as:
- a.
- Payment of rent and utilities;
- b.
- Caring for a unit and premises;
- c.
- Respecting the rights of others;
- d.
- Drug-related criminal activity or other criminal activity that is a threat to the life, safety or property of others; and
- e.
- Compliance with other essential conditions of tenancy.
2. Supply the owner with the following information regarding the family:
- a.
- The family’s current address (as shown in the HA records); and
- b.
- The name, address and telephone number (if known to the HA) of the landlord at the family’s current and prior address.
- c.
- State what, if any money is owed to the HA by the tenant for damages to a prior unit.
- d.
- Offer to assist an owner in screening tenants by providing sample screening forms.
- II.
- THE HOUSING PROCESS
- A.
- The Request for Tenancy Approval
- When a Family has found a unit it wants and the Owner is willing to lease, the Family will submit to the Authority a Request for Tenancy Approval signed by the Owner and the family. The family may only submit one Request at a time and this submission must be denied before the family may submit another Request.
- If the Request for Tenancy Approval is for a unit that is owned by the HA that administers the assistance under the consolidated ACC (including a unit owned by an entity substantially controlled by the HA), approval can only be granted if:
- a.
- The family has been informed by the HA, both orally and in writing, that the family has the right to select any eligible dwelling unit and that they clearly understand that it is prohibited for the HA to influence or restrict their housing choice in any matter;
- b.
- The unit is not ineligible housing (such as receiving other forms of subsidized housing);
- c.
- The unit has been inspected by a qualified inspector and qualifies to receive a subsidy. 1
- B.
- Criteria for Reviewing and Approving a Request For Tenancy Approval
- Review of Tenant’s Legal Capacity to Enter Lease
- When reviewing a Request for Tenancy Approval, the HA will ensure that the tenant has the legal capacity to enter into a lease under state or local law.
- Review of Prohibition Against Other Housing Assistance
In reviewing a Request for Tenancy Approval, the HA will ensure that the tenant is not receiving the benefit of tenant-based assistance while also receiving the benefit of any of the following forms of other housing subsidy, for the same unit or for a different unit:
- a.
- Public or Indian housing assistance;
- b.
- Other Section 8 assistance (including other tenant-based assistance);
- c.
- Assistance under former Section 23 of the United States Housing Act of 1937 (before amendment by the Housing and Community Development Act of 1974);
- d.
- Section 101 rent supplements;
- e.
- Section 236 rental assistance payments;
- f.
- Tenant-based assistance under the HOME program;
- g.
- Rental assistance payments under Section 521 of the Housing Act of 1949 (a Farmers Home Administration program);
- h.
- Any local or State rent subsidy or any other duplicative federal, State, or local housing subsidy, as determined by HUD. For this purpose, "housing subsidy" does not include the housing component of a welfare payment, a social security payment received by the family, or a rent reduction because of a tax credit.
3. Review to Determine Unit Eligibility
In reviewing the RFTA, the HA will ensure that the unit is not one of the following ineligible categories:
- a.
- A public housing or Indian housing unit;
- b.
- A unit receiving project-based assistance under Section 8 of the 1937 Act (42
- U.S.C.
- 1437f);
- c.
- Nursing homes, board and care homes, or facilities providing continual psychiatric, medical, or nursing services;
- d.
- College or other school dormitories;
- e.
- Units on the grounds of penal, reformatory, medical, mental, and similar public or private institutions;
- f.
- A unit occupied by its owner or by a person with any interest in the dwelling unit. (However, assistance may be provided for a family residing in a cooperative. Assistance may also be provided to the owner of a manufactured home leasing a manufactured home space. In the case of shared housing, an owner unrelated to the assisted family may reside in the unit, but assistance may not be paid on behalf of the resident owner.); and
- g.
- Units owned by the parent, child, grandparent, grandchild, sister, or brother of any member of the family unless the HA determines that approving the unit would provide reasonable accommodation for a family member who is a person with disabilities. For additional provisions of HA disapproval of an owner, see 24 CFR section 982.306.
1 Approved under MTW 6/25/07
4. Review amount of rent required.
- a.
- In general, the rent is determined between the owner and the family, however, the HA may assist the family in negotiating the final rent amount. The following two criteria will be used in reviewing the rent:
- i.
- Review for Rent Reasonableness
The HA will not approve an initial lease or a rent increase without determining that the rent amount is reasonable. Reasonableness is determined prior to the initial lease and at the following times:
- before any increase in the rent to owner;
- if the HA determines that the rents in a particular submarket have decreased significantly; 2 or
- if directed by HUD.
However, since inspections of apartment complexes with a high number of Section 8 units will be done at one time through the clustering process, a rent reasonable study will be done at the time of inspection for all units. A percentage increase (or decrease) factor will then be added (or subtracted) to the determined rent amount for all subsequent months to account for changes in the market. The percentage will be determined through use of the Dupre and Scott vacancy and rent forecast data released twice yearly.
In making a rent reasonable determination, the HA will consider such factors as location, quality, size, unit type, age of unit, and any amenities, housing services, maintenance, or utilities provided by the owner. In any determination about the reasonableness of the rent for a particular unit, the HA will review and consider the following sources of information:
2 Approved under MTW 8/30/04
10/8/07
- The amount of rent for an owners last three similar unsubsidized rentals.
- Data supplied by a local market survey company, Dupre and Scott, which is updated monthly using a projected rent increase percentage. The rent reasonable form will include the basic features of the unit being processed as will as information on three to five similar units from the Dupre and Scott database. The inspector will certify this information.
- In addition to the above, any owner unsatisfied with the rent determination may supply the HA with their own rent comparable documentation. The HA will consider this information along with all other data gathered in their rent determination, however, the decision on the final amount remains at the sole discretion of the HA. (See Section 13 )
Documentation will be maintained to verify why a unit rent was approved or disapproved.
ii. Review of initial tenant Rent Portion
After reviewing the rent for reasonableness, the HA must ensure that the tenant’s portion is no less than 28.3% of adjusted monthly income (AMI) for fixed income households
and 30% of AMI for all other households but no more than 40% of Gross Monthly Income (GMI) if the gross rent exceeds the applicable payment standard.
4
For families that include a person with disabilities whose tenant rent portion exceeds 40% of GMI, the HA may choose to exceed the payment standard as a reasonable accommodation (See Section 9.III.C.2.) 3
5. Review of Owner Security Deposit Amount
The amount of the Owner-requested Security Deposit is a determination of private market rental practices. The HA will not determine the Security Deposit for an owner nor will the HA determine whether the Security Deposit is reasonable. If any Section 8 participant feels they have been discriminated against with regards to the Security Deposit, they may contact the HA for assistance.
The owner will be informed that under State and local law, they are eligible to collect a Security Deposit from the tenant and that the amount collected cannot be in excess of amounts charged to other unassisted units. If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may seek reimbursement from the tenant.
3 Approved under MTW 5/19/08 4 Approved under MTW 2/15/05
8. Review of Possible Conflict of Interest
Neither the HA nor any of its contractors or subcontractors may enter into any contract or arrangement in connection with the Section 8 Voucher program which any of the following classes of persons has any interest, direct or indirect, during tenure or for one year thereafter:
- a.
- Any present or former member or officer of the HA (except a resident/participant commissioner);
- b.
- Any employee of the HA, or any contractor, subcontractor or agent of the HA who formulates policy or who influences decisions with respect to the programs
- c.
- Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the programs; or
- d.
- Any member of the Congress of the United States.
Any member of the above classes must disclose their interest or prospective interest to the HA.
Under the Housing Authority Law of the State of Washington, RCW 35.82, a transaction by an employee with the housing authority involving the employee's own property is also prohibited.
- III.
- CALCULATION OF TENANT RENT AND UTILITY ALLOWANCE
- A.
- Determination of Total Tenant Payment
Calculation of rent will vary depending upon whether the family qualifies as a Fixed Income Household or is another household residing on Section 8.
1. Fixed Income Households – Easy Rent Program: 5
- a.
- The total tenant payment (TTP) is equal to 28.3% of adjusted monthly income (as defined in Section 2). [Note: In the first year of implementation, any increase in tenant rent resulting from the change to the Easy Rent program will be limited to a cap of $100 per month.]
- b.
- Minimum Rent: When the TTP calculated for a household is less than the Utility Allowance, the family will be provided with a Utility Reimbursement for the difference between the Utility Allowance and calculated TTP. However, the household may remain at the resulting Credit Rent for a limited period of six (6) months. After this six (6) month period, if the family’s calculated TTP remains below the established utility allowance, the Tenant Rent will be adjusted to the established Minimum Rent of $0. A family may
5 Approved under MTW 5/19/08
be eligible to apply for additional relief from the $0 minimum rent under the established Hardship Policy (see below).
c. Hardship Policy: Households notified of a rent increase will be informed, in writing, of their ability to seek a waiver based on financial hardship such as:
- Extraordinary Cost of Living: An increase in medical expenses or change in circumstances that results in the households total shelter costs to exceed 50% of total monthly income. Shelter costs are defined as the cost of rent, plus utilities.
- Relief from established Minimum Rent (Extension of Credit Rent beyond the six (6) month limit): Households must demonstrate that the loss of the utility reimbursement would put the household at risk of losing their housing. Residents with exempt income (i.e. live-in attendant income, etc.) are not eligible for a hardship solely based on this criteria.
- Review of Hardship Requests: A Hardship Committee, comprised of Housing Authority staff, including Resident Services staff, will be responsible for review of all Hardship requests. The Committee will examine each family’s circumstances on a case-by-case basis to arrive at a recommendation deemed appropriate to the family’s individual circumstances. Recommendations will be forward to the Director of Housing Management or Director of Resident Services for final approval.
- Remedies Available under the Hardship Policy: The Hardship Committee has a number of determinations that can be made under the policy including:
- No hardship exists;
- Rent should be set at a permanent, family specific cap;
- The utility reimbursement (Credit Rent) should be extended for a specific period of time;
- The rent increase should be phased in at a reasonable (recommended) amount for a specific period of time;
- The $100 per month rent increase cap should be extended for up to one year - resulting in a two year maximum. (Available only to families in occupancy when the Fixed Income - Easy Rent program was implemented);
- The $100 per month rent increase cap should be phased out over a specified period of time, not to exceed three years. (Available only to families in occupancy when the Fixed Income - Easy Rent program was implemented.);
- An appropriate combination of the above listed options.
- Appeals: Families who disagree with the recommendation of the
Hardship Committee and/or final approval of the Director of Housing Management or Director of Resident Services, as applicable, may appeal the determination through the Housing Authority’s existing Grievance Procedure.
d. Recertification and Cost of Living Adjustment (COLA): Fixed Income Households will be required to undergo a recertification at least once every three (3) years. In intervening years, income and rent will be automatically adjusted to reflect (COLA) increases applied to Social Security and SSI income received by the household.
2. Other Households on Section 8
The HA will determine the amount of rent payable by the Family to the Owner (Tenant Rent). Total Tenant payment will be calculated at the percentage allowed by federal law by utilizing the Family's Annual Income and allowable deductions/allowances (See Section 2: Definitions).
The Housing Authority will always charge a minimum Total Tenant Payment of $25 as provided by Federal Law, however, exceptions may be granted to participants who can document they qualify for one of the following “hardship” circumstances:
- The household has lost eligibility for a federal, state, or local assistance program including a family that includes a member who is a non-citizen lawfully admitted for permanent residence under the Immigration and Nationality Act who would be entitled to public benefits but for title IV of the Personal Responsibility and Work Opportunity Act of 1996;
- The household has applied for a federal, state, or local assistance program and is waiting for a determination by program officials as to its eligibility for assistance;
- The household would face eviction if forced to pay minimum rent;
- The household income has decreased; or
- There has been a death in the household.
If a family requests a hardship exception, the HA must suspend the minimum rent payment beginning the month following the family’s hardship request. If the HA later determines that no hardship exists, the minimum rent will be imposed retroactively to the time of the suspension.
If the hardship is determined to be short-term, the family is exempt from the minimum rent for 90 days. At the end of the 90 days, the minimum rent is reinstated retroactively to the date of suspension. A reasonable repayment agreement must be offered to repay the backpayment by the family.
If the hardship is determined to be long-term, the family is exempt from the minimum rent until the hardship no longer exists. No repayment will be required.
B. Determination of Utility Allowances
The HA will also review the Request for Tenancy Approval to determine the amount of Utility Allowance, if any, for tenant-paid utilities (where all utilities are included therein, there will be no utility allowance). The Utility Allowance will be taken from the HA's utility schedule for the Section 8 Housing Voucher Program (See Exhibit I). For Project-based units located at Greenbridge, the utility allowance will default to the Public Housing utility rates associated with the specific unit 6 .
In addition, on request from a family that includes a person with a disability, the HA may approve a utility allowance which is higher than the applicable amount on the Utility Allowance schedule, if a higher Utility Allowance is needed as a reasonable accommodation. This increased amount will be determined by taking the families most recent three month average of actual utility bill amounts rather than the HA utility allowance. In no case will the Utility Allowance be less than that on the approved HA schedule.
Generally, utilities must be separately metered within each unit and separately billed to the tenant by the utility company if the owner wishes to make the tenants individually responsible for the utility cost. However, current market trends now have more and more apartment complexes charging for utilities where there is not a separate meter or individual bill. In order to not unduly restrict housing choice for voucher holder, the Housing Authority will allow an owner to bill a tenant separately for each utility as long as it is clearly stated in the lease that the utility will be the responsibility of the tenant.
1. The above exception does not apply to electricity, gas, oil, or bottled gas or in the case of mother-in-law apartments. Separate meters or bills from the utility company will be required in these cases.
C. Payment Standard
1. Regional Payment Standards
Using Moving to Work authority, the HA has the flexibility to set multiple Payment Standards throughout the county to accommodate varying market conditions. 7 Once formally adopted, the Payment Standard schedules (Exhibit D) will remain in effect until such time as a revision is determined to be necessary.
The HA will use various local market factors, such as vacancy rates and the length of time it takes a household to find housing, when analyzing affordability adjustments. Specifically, an analysis of the following factors, as a minimum, will be considered:
- Rent burden paid by current Voucher holders;
- Rent burden relative to the availability of units by bedroom size;
- Average gross rents paid by current Voucher holders;
- The current HUD approved Fair Market Rents;
- Rent reasonableness data;
- Local vacancy rate data;
- Lease-up and shopping success rates of current voucher holders;
- Location of current Section 8 rentals.
6 Approved under MTW 4/10/06 7 Approved under MTW 10/8/07
2. Payment Standard Implementation
- a.
- When the HA revises its Payment Standard, the new schedule will be applied immediately to all new tenants. However, for existing tenants the new schedule will be applied at their next regular Annual Reexamination, or when the family moves to another assisted unit, whichever comes first.
- b.
- In cases of hardship, an exception to normal implementation dates will be allowed following the first year of the lease for families required to pay more than 50% of their gross income towards rent through no fault of their own (i.e., change in income, owner increases the rent, etc). Whether on a month to month or a new 12 month lease, a family may request any new payment standard be put in to effect at the time of the change rather than waiting until their next annual review.
3. Exception Payment Standards as a Reasonable Accommodation
The HA may provide an exception Payment Standard as a reasonable accommodation for a person with disabilities under the following circumstances:
- a.
- The family requests the accommodation in writing;
- b.
- The family provides verification of the disability and includes documentation describing how the need for the higher Payment Standard is related to the disability; and
- c.
- The owner of the unit is not related to the participant by blood, marriage, or
adoption. 8 Approval of any exception Payment Standard less than or equal to 20% above the current Payment Standard will be determined by the 504 Coordinator. Approval of any request greater than 20% above the Payment Standard will be determined by the Executive Director. 9
D. Noncitizen Status
- Families with all eligible family members (i.e., U.S. citizens, eligible noncitizens) will have their assistance calculated based on 30% of the family’s total income.
- Families whose members include those with citizenship or eligible immigration status and those without (mixed families) must prorate their assistance in the following manner:
- a.
- Assistance Payment X # of eligible family members/ total family members.
- b.
- The provisions of prorated assistance do not apply to any person who is determined to be a noncitizen student or the family of a noncitizen student, described below.
8 Approved under MTW 3/12/07 9 Approved under MTW 2/11/08
6/23/08
c. Family of a Noncitizen Student: The prohibition of assistance also extends to the noncitizen spouse of the noncitizen student and minor children of any noncitizen student if the spouse or children are accompanying the student or following to join such student. The prohibition does not extend to the citizen spouse of the noncitizen student and the children of the citizen spouse and noncitizen student.
- IV.
- EXECUTION OF DWELLING LEASE AND HOUSING CONTRACT
- A.
- The Dwelling Lease
1. Owners must use a copy of their own lease in conjunction with the HUD approved lease addendum. The lease must contain, at a minimum, the following information:
- a.
- Names of the owner and tenant
- b.
- The address of the rental unit
- c.
- The term of the lease
- d.
- The amount of monthly rent to the owner
- e.
- The utilities and appliances to be furnished by the owner
The owner will be informed that the HA does not review their lease for compliance with State and local law, but that the owner’s are certifying to such compliance when they sign the HAP contract. The owner will also be informed that if there is a conflict between the owner’s lease and the lease addendum, the provisions of the lease addendum will prevail.
2. The owner may use a copy of the Section 8 model lease if the following criteria is met:
- a.
- The owner does not have a standard lease in use for other unassisted tenants, and
- b.
- The owner requests the use of the model lease.
B. Lease Approval
The Housing Authority must not give approval for a family to lease a dwelling unit, or execute a HAP contract, until the HA has determined that all the following program requirements are met:
- The unit is eligible;
- The unit has been inspected by the HA and qualifies to receive a subsidy;
- The lease and/or lease addendum is approvable;
- The rent to owner is reasonable and, for an initial lease, the participants rent falls within the federal guidelines;
- The Owner (defined as a principal or other interested party) has not been debarred, suspended, or subject to limited denial of participation from the Section 8 program (See section 12. B.)
6/23/08
Once the above has been met, the HA will notify the owner and the Family of the unit and lease approval. The Tenant and Owner must then execute the lease with a final, signed copy being sent to the HA. The HA then has up to 60 days from the beginning of the lease term to execute a HAP contract
The HA may not pay any housing assistance payment to the owner until the HAP contract has been executed, however, payments will cover back to the date of lease execution (provided the 60 day limit has not been exceeded). Any HAP contract executed after the 60 day period is void, and the HA may not pay any housing assistance payment to the owner.
The Request for Tenancy Approval, the approved lease, inspection report(s), the certification that the rent is reasonable and not in excess of rents currently being charged by the Owner for comparable unassisted units and the executed Contract will all be retained in the Authority’s files.
C. Review of the Housing Assistance Payments Contract
The Housing Assistance Payments Contract (HAP contract) is a contract between the HA and an owner. In the HAP contract, the owner agrees to lease a specified dwelling unit to a specified eligible family, and the HA agrees to make monthly housing assistance payments to the owner for the family. The HAP contract will be in the form required by HUD and the term is the same as the term of the lease.
The amount of monthly housing assistance is determined by the HA in accordance with HUD regulations and other requirements and is credited toward the monthly rent to the owner under the family’s lease. The total of rent paid by the tenant plus the HA payment to the owner may not be more than the rent to the owner. Any excess payment must be immediately returned to the HA.
In the Voucher program, the Contract Rent for the unit is a matter determined solely between the family and the Owner, however, it must be reasonable for the area. The HA determines the amount of subsidy a family will receive but does not limit the rent charged by the Owner. However, the rent may not be increased during the initial term of the lease.
The owner may not demand or accept any rent payment from the tenant in excess of the amount determined by the HA and must immediately return any excess rent payment to the tenant. The family is not responsible for payment of the portion of rent to be covered by the HA.
The owner will be responsible for performing all of their obligation’s under the HAP contract and lease.
D. When Housing Assistance is Paid
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While the family is residing in the unit, Housing assistance payments are paid to the owner in accordance with the terms of the HAP contract and may only be paid to the owner (unless otherwise directed by the owner in writing or a by court of law) during the lease term. Housing assistance payments will terminate if:
- The lease terminates;
- The HAP contract terminates; or
- The HA terminates assistance for the family.
If the family moves out of the unit, the HA may not make any housing assistance payment to the owner for any month after the month the family moves out. The owner may keep the housing assistance payment for the month in which the family moved out of the unit regardless of the date of eviction, abandonment, or voluntary move-out. In the case of abandonment by the tenant, the HA will pay through the end of the month in which it can be reasonably determined that the unit was vacated. The only case the HA would not pay through the end of the month is when both the tenant and the owner mutually agree to terminate the lease on a date other than the end of the month.
If an owner sells their property and a change of ownership occurs, the HA must receive a written request from the owner who originally executed the HAP contract in order to make changes regarding who is to receive the HA assistance payment. In addition, the HA requires a written request from the new owner along with the following documents:
- Deed of Trust showing transfer of title; and
- Tax identification number or Social Security number.
New owners will be required to execute IRS form W-9. The HA may withhold the rent until the taxpayer identification number is received.
E. Accounting of Payments to Owners
Payments to Owners are handled by the HA’s Accounting Department. The HA’s tenant accounting computer system is used and checked by the Fiscal Officer prior to payment. The integrity of the payment system will be maintained by generally accepted internal audit procedures in addition to the division of accounting functions and any necessary adjustments as required under the circumstances.
V. SPECIAL HOUSING TYPES
A. GROUP HOME
Group Homes (GH’s) are Homes designed to provide housing and supportive services for two to twelve persons with disabilities. Generally, residents share the common areas (i.e. living room, kitchen, bathroom). In order to qualify as an GH, the home must be state approved in advance.
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Applicants who seek Section 8 Voucher assistance in GH’s must be determined eligible under the same guidelines used to qualify other Section 8 applicants (i.e., meeting the definition of a family; income eligibility limits, etc.) and will only be allowed as a reasonable accommodation for a family with disabilities.
Following is a summary of HA procedures regarding the use of GH’s for Section 8 Voucher holders:
1. Contract Rent
- a.
- For Housing Vouchers, the dollar amount of the Payment Standard for the entire Home is divided by the total number of potential occupants (excluding a Resident Assistant).
- b.
- Rent reasonableness must be considered as well and is determined for the entire unit -- not individual bedrooms.
- c.
- The Contract Rent is the maximum rent the owner can receive for the GH. A higher amount cannot be received, for example, by charging unassisted occupants more than the assisted ones.
- d.
- The owner is eligible for an adjustment in the contract rent once a year. As more than one assisted tenant (and, thus, more than one HAP contract)may be living in the home, the owner's anniversary date will be that of the first tenant housed.
2. Tenant Rent
- a.
- In order to determine the gross rent for each assisted tenant residing in the GH, the gross rent for the entire home is divided evenly among the occupants (both assisted and unassisted).
- i.
- One Resident Assistant living in the home maybe excluded from this calculation when determining the total number of occupants.
- ii.
- For purposes of this program, it will be the responsibility of the owner to inform the HA of the total number of potential occupants that will be living there. It will be this number that is used to calculate each occupant's share of the gross rent -- whether or not that potential total number is always present in the unit. Vacancies are the owner's responsibility to fill and will not result in an interim review to revise tenant rents.
- b.
- Tenant Rent is computed as for other program participants. However, the rent is based on the individuals appropriate share of contract rent.
- c.
- If the owner does not pay for all of the utilities, the appropriate utility allowance for the house will be determined based on the Section 8 Utility Allowance Schedule. To determine the assisted tenant's Utility Allowance, divide the total
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Utility Allowance, by the potential number of occupants of the house, excluding the Resident Assistant, if any.
3. HAP Payment
The assistance amount is the difference between the Payment Standard and the tenants portion of the rent.
4. Security Deposit
The owner may collect a security deposit from the tenant. The deposit must not exceed the amount charged by the owner to other unassisted tenants. When a tenant moves from the unit, the owner, subject to State and local law, may use the deposit, including any interest, as reimbursement for any unpaid rent payable by the tenant, damages to the unit or for other amounts the tenant owes under the lease. If the deposit is not sufficient to cover amount the tenant owes under the lease, the owner may seek to collect the balance from the tenant.
5. Dwelling Lease
- a.
- Each assisted tenant is required to sign a separate lease with the owner.
- b.
- The Agreement of Supportive Services must be attached to the lease (and noted on the lease as an Exhibit).
6. HAP Contract
A separate HAP Contract is required for each assisted tenant.
7. State Approval of GH
- a.
- Prior to execution of a HAP Contract, an GH must provide proof of being licensed, certified or otherwise approved by the State.
- b.
- The state approval shall be reexamined periodically based on a schedule established by the State.
8. Modifications to Normal HQS Requirements - HA Determination
- a.
- An GH must contain a living room, dining area, kitchen, minimum of one bathroom for every four persons, one sleeping room of appropriate size for every two persons, and other appropriate social or recreational community space.
- b.
- A cooking stove or range and a refrigerator(s) of appropriate size in sufficient quantity for the number of occupants shall be present. The stove and refrigerator must be included with the unit and may not be provided by the tenant(s).
- c.
- An GH that accommodates physically disabled occupants with wheelchairs or other special equipment shall provide access to all sanitary facilities and shall provide, as appropriate, basins and toilets of appropriate height, grab bars to toilets, showers and/or tubs; shower seats; and adequate space for movement. The unit shall be free of architectural barriers which impede access or use, and handrails and ramps shall be provided, as appropriate.
- d.
- An emergency exit plan shall be developed and explained to the occupants. Regular fire inspections shall be conducted by appropriate local officials. First aid supplies and fire extinguishers shall be readily accessible throughout the GH. Smoke detectors shall be provided and emergency phone numbers shall be available at each phone and provided to each occupant. All emergency and safety procedures shall meet applicable State and local standards.
- e.
- The GH shall be located in a residential setting similar in size and appearance to housing generally found in the neighborhood. The unit shall be within walking distance or accessible via transportation to medical and other appropriate commercial and community service facilities.
- f.
- In determining whether an GH resembles housing in the neighborhood, consideration shall be given as to whether the GH is residential in appearance, the number of people housed, or its method of providing services.
- g.
- Whether the group living arrangement is acceptable and, with the assistance from the Service Agency, whether the supportive services will assist the tenant in advancing to a greater level of living is considered Tenant Preference for HQS purposes.
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9. HQS Inspection Form
The HUD Section 8 Inspection Checklist (HUD 52580) shall be used along with the "Attachment C for GH’s"
10. Required Items for Each Tenant at Move-In
- a.
- Dwelling Lease
- b.
- HAP Contract/Housing Voucher Contract
- c.
- State approval License or Certificate
- d.
- Written documentation from owner of available community services and medical facilities
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- e.
- Written and posted emergency phone numbers and emergency exit plan
- f.
- HQS modification requirements
B. SHARED HOUSING – TENANT-BASED PROGRAM
Shared housing through the tenant-based program will only be allowed as a reasonable accommodation for those families with members who are disabled to make the program more easily accessible.
1. An assisted family with members who are disabled may share a housing unit with the following people:
- a.
- A live-in aide who is needed to care for a person with disabilities (if approved by the HA and the Landlord);
- b.
- Other persons who are assisted under the Section 8 program;
- c.
- Other persons who are NOT assisted under the Section 8 program;
- d.
- The owner of the shared housing unit, however, this person may not be related by blood or marriage to the assisted family.
- For assistance in a shared housing unit, each assisted family will retain their original voucher. Those unassisted families will not be added to the assisted families voucher and will have no residual rights to the subsidy. Each assisted family will have a separate lease and HAP contract for the unit.
- Housing Quality Standards
- a.
- Normal Section 8 Housing Quality Standards (HQS) apply with the following additions:
- i.
- The entire unit, including the portion of the unit available for use by the assisted family must meet HQS;
ii. The entire unit must provide adequate space and security for all residents (whether assisted or not);
iii. Each unit must contain private space for each assisted family, plus common space for shared use by the residents of the unit;
- iv.
- The private space for each assisted family must contain at least one bedroom for each two persons in the family;
- v.
- A zero or one bedroom unit may not be used for shared housing.
4. Determining the Rent and Housing Subsidy:
- a.
- Contract rent
- i.
- The contract rent for each subsidized family is pro-rated by dividing the total contract rent for the unit by the number of bedrooms in the unit to determine a per bedroom price. This figure is then multiplied by the number of bedrooms the family is eligible to occupy to determine the total pro-rated rent.
ii. The total bedrooms in the unit may not be less than the total bedrooms required by all persons living in the shared unit and all pro-rated rents must add up to the total contract rent.
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- b.
- Rent Reasonable
- i.
- The rent to owner for the subsidized family may not exceed the pro-rated portion of the reasonable rent for the shared housing unit.
- c.
- Housing Subsidy – The payment standard is the lower of:
- i.
- The payment standard for the family unit size; or
- ii.
- The pro-rated portion of the payment standard for the shared housing unit size.
- d.
- Utility Allowance
- i.
- The utility allowance for an assisted family residing in shared housing is the pro-rated portion of the utility allowance for the shared housing unit.
5. Vacating the Unit
a. When one family chooses to leave the shared housing unit, it is the owners responsibility to refill the vacant portion of the unit. Neither the residual tenants or the HA cannot be asked to pay the lost payment.
C. SHARED HOUSING – PROJECT-BASED PROGRAM 10
While Shared Housing is normally prohibited by HUD in the Project-based program, utilizing the HA’s Moving to Work authority, a policy has been adopted to allow shared housing in the project based program. Although most policies remain the same as for the tenant based program, the following have been changed to accommodate the needs of the project based program:
- Shared housing will be open to all disabled and non-disabled applicants.
- All families living in the shared housing unit(s) must be eligible to receive a Section 8 subsidy.
- The rent and housing subsidy will be determined as stated in V.B.4. above except in the following situation:
- a.
- The Willows – A creative housing model designed to meet the needs of families with disabling conditions and multiple barriers to housing and consists of 3 housing units with 10 bedrooms each.
- i.
- The contract rent is set on a per family basis and will be determined by averaging a 10 bedroom payment standard with a 2 bedroom payment standard. The Willows will house no more than 15 families spread among the three units.
ii. Due to the lack of comparable 10 bedroom units in the area, Rent Reasonable is based on 2 bedroom.
iii. Housing Subsidy – In determining the housing subsidy, the payment standard will equal the contract rent.
D. MANUFACTURED HOME SPACE RENTAL
The HA will provide assistance for a family that owns a manufactured home and leases only the space under the following guidelines:
10 Approved under MTW 7/11/05
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1. Housing Quality Standards (HQS)
- a.
- Normal Section 8 Housing Quality Standards (HQS) apply with the following additions:
- i.
- The manufactured home must be placed on the site in a stable manner, and must be free from hazards such as sliding or wind damage.
ii. The manufactured home must be securely anchored to the ground by a tie-down device.
2. Determining Rent and Housing Subsidy
- a.
- Applicable Payment Standard
i.- The payment standard for a Manufactured Home space will be based on current market trends.
- b.
- Contract Rent
- i.
- Contract rent includes payment for maintenance and services that the owner must provide to the tenant under the lease.
- ii.
- Contract rent does NOT include the costs of utilities and trash collection. However, the owner may charge the family a separate fee for these items.
- c.
- Rent Reasonable
- i.
- The HA must determine whether the rent to owner for the manufactured space is reasonable in comparison to rent for other comparable manufactured home spaces. Location, space size, and any services or maintenance should be considered.
E. HA OWNED UNITS
Units owned by the Housing Authority and not receiving subsidy under any other program are eligible housing units for Housing Voucher holders. In order to minimize any potential conflicts of interest, the HA will implement the following special procedures:
1. The HA will make available through the briefing process both orally and in writing:
- a.
- The availability of King County Housing Authority owned units in the same manner in which it informs voucher holders of other landlords wishing to lease units on the Section 8 program (notification will also include other properties owned/managed by the private sector available to Housing Choice voucher holders).
- b.
- The family has the right to select any eligible dwelling unit and that the HA can not influence their choice.
2. As the Housing Authority will perform all inspections and Rent Reasonable determinations on HA owned units, monitoring of both inspections and Rent
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Reasonable calculations will be increased beyond those outlined in Section 8 of this policy to assure program compliance. 11
11 Approved under MTW 6/30/03
1/12/06
SECTION 10. RECERTIFICATION OF FAMILY INCOME, COMPOSITION, AND DEDUCTIONS
A. Recertification of Eligibility and Adjustment of Rent
To assure that each Family participating in a Section 8 Housing Voucher Program is meeting the eligibility requirements for continued participation and that each Family is paying the appropriate Total Tenant Payment, the eligibility status, Total Family Income, Family Composition, and all allowable deductions will be reviewed according to the following schedule:
- Fixed-income disabled or elderly households will be reviewed every third year (as described in Section B, below)
1 - All other participants will be reviewed annually and will be required to provide third-party verification each year.
As a general rule, the recertification process shall begin 90-120 days in advance of the scheduled reexamination date so that the Family and Owner can be given reasonable notice of any changes. (See Section 3 if the Family is determined ineligible for assistance at the Annual Review). The HA shall use the same procedures for obtaining, verifying (if applicable as described above), and calculating information that were used at admission (See Section 7 and Exhibit E of the Administrative Plan) and will compare the information the Family reports to the Family's most recent reexamination to identify any discrepancies.
If not previously verified, all household members eighteen (18) years of age and older must also provide the required Social Security Number documentation (or certification) at the time of the annual recertification. 2 Additionally, if not previously verified, all household members will be required to provide evidence of citizenship and/or eligible immigration status for any family members that have been added to the lease since the last review.
If the Family fails or refuses to provide the information needed (information that the HA determines the Family is capable of supplying) within the required time limits, the HA shall begin the process of terminating the Family from the Section 8 Program.
For the Tenant-Based program, any rent adjustment determined as a result of the recertification process will be effective at the Tenant's anniversary date, even if other annual activities are not completed. When the Family causes an unreasonable delay in the reexamination process and the Family's rent decreases, the HA shall implement the decrease the first of the month following the completion of the reexamination processing. (A rent increase under these circumstances will be retroactive to the reexamination date.)
1 Approve under MTW 5/19/08 2 Approved under MTW 6/30/03
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For the Project-Based program, a rent adjustment will be allowed at the annual anniversary date of the Housing Assistance Payments Contract and will be implemented for all clients at the annual anniversary date of their move-in. 3
B. Recertification Rules Specific to Fixed Income Households:
1. Recertification Every 3 Years: The Housing Authority has adopted an Easy Rent program for Fixed Income Households. Easy Rent policies are designed to simplify the recertification process, making rules easier to understand and administer. Under the program, Fixed Income Households will undergo a complete Recertification every three (3) years. In completing the recertification, the Housing Authority will follow the general guidelines established in Section A above. Following completion of the recertification, the tenant’s rent will be set at 28.3% of household adjusted income.
- a.
- In intervening years, income and rent will be automatically adjusted to reflect (COLA) increases applied to Social Security and SSI income received by the household.
- b.
- Families remain subject to regularly scheduled Unit Inspections.
2. Interim Reviews for Fixed Income Households: Fixed Income families qualifying under the Easy Rent program may request an Interim reviews between the three (3) year recertification cycle for any of the following reasons:
- a.
- A decrease in income greater than $2,000 through no fault of their own;
- b.
- A change in household composition that results in a change in income greater than $2,000;
- c.
- An increase in unreimbursed medical expenses greater than $2,000, where total unreimbursed medical expenses exceed $3,000;
- d.
- Any increase in income greater than $2000 following a decrease in calculated rent;
- e.
- Any discovery of Errors / Misrepresentation /Fraud.
Interim reviews will only be processed if the effect of the loss of income is expected to be longer than ninety (90) days. Interim rents remain in place until the next scheduled Recertification.
See Section E below for information regarding processing of the interim review and effective dates of the rent change.
3 Approved under MTW 7/11/05
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- Special Reviews for Fixed Income Households: If/when completing a scheduled 3 year or interim review, it is not possible to reasonably estimate household income the Housing Authority will schedule the family for a special review. See Section D below for further information.
- Families who move while on the program will be required to fully recertify income and family composistion prior to being issued a new voucher. The three year recertification process will start over based on their new move-in date.
C. Other Households:
- Annual Recertifications: Families who do not qualify as a Fixed Income household, will undergo an Annual Recertification. In completing the recertification, the Housing Authority will follow the general guidelines established in Section A above.
- Interim Reviews for Other Households: Families are required to report changes in household composition and housing (Family) income in writing, within ten (10) business days of the occurrence. An interim review will be conducted based on reported changes in income or family composition in the following situations:
- a.
- An increase in deductions;
- b.
- Any changes affecting family composition. Income from an added member will normally be picked up at the next anniversary date, however the income will be added if the family member had been removed from the lease within the previous 12 months;
- c.
- Receipt of lump sum payments due to a delayed start of a a periodic payment (excluding payment from Social Security or SSI);
- d.
- An increase in income for families reporting zero income or on a Credit Rent;
- e.
- Any discovery of Errors / Misrepresentation / Fraud.
Families are not required to report, but may at any time, request an interim reexamination based on a decrease in income (except when welfare assistance has been terminated as described in Section 3b below), an increase in allowable expenses, or other changes in family circumstances.
Failure to properly report any change is cause for termination of tenancy and/or housing assistance payments and, if applicable, shall require a retroactive rent charge.
See Section E below for information regarding processing of the interim review and effective dates of the rent change.
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3. Special Reviews for Other Households: If/when completing an annual or interim recertification, it is not possible to reasonably estimate household income, the Housing Authority will schedule the family for a special review. See Section D below for further information.
D. Special Reveiw
If at the time of the annual recertification (or admission), it is not possible to make an estimate of Adjusted Income for the next twelve month period with any degree of accuracy because of no current income or unstable past income patterns, the HA shall determine current rent based on available income data and annualize this amount. A special review shall then be scheduled for a specified time (either 30, 60, 90, or 120 days) depending upon the HA's estimate of the time required for the Family circumstances to stabilize. This process shall be continued, if necessary up to the Family's annual recertification, until such time as a reasonable estimate of Adjusted Income can be made.
If income has changed at the time of any special review, the rate of income shall again be projected for a twelve month period and rent charged accordingly.
If at any time the Family reports it has zero income, special reviews will be scheduled at intervals not to exceed every three months until such time as a stable source of income is reported. If a Family is eligible for certain sources of income but claims they do not have any income, the Family shall be required to document that they are not receiving income to which they are entitled. A Family reporting no income will also be required to submit a monthly budget (HACK 409) to the HA.
E. Interim Review Policy
1. Reporting of Changes - Families are required to report the following changes in writing to the Housing Authority within 10 business days of their occurrence:
- a.
- Changes affecting family composition; and
- b.
- Any increase in income.
Failure to properly report any change is cause for termination of tenancy and/or housing assistance payments; and, if applicable, shall require a retroactive rent charge.
Whenever additional members are being added to the household (other than newborn children), written permission must be obtained (in advance) from the HA and the Landlord. A person being added to the household must meet the HA's eligibility requirements and standards prior to being added to the household. The same standards of eligibility and tenant suitability that the HA
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uses for applicants shall be used in evaluating a person who is joining a Family already in occupancy.
2. Processing of Reported Changes - upon receipt of the reported information, the changes will be processed in the following manner:
a. If the change qualifies for an interim review, the HA will:
1) Consider all changes (current and previous) 2) Notify the tenant within fourteen (14) business days that the review will be conducted. 3) Always give the tenant thirty (30) days written notice of a rent increase.
- b.
- If the change does not qualify for an interim review, the authority will notify the tenant within thirty (30) calendar days that the review will not be conducted.
- c.
- Whenever there is evidence that additional changes to income for family composition will occur as a result of the reported changes, the HA reserves the right to delay processing an interim review for a period not to exceed thirty (30) days.
3. Effective Date of Rent Changes/Retroactive Charges
a. Increased Tenant Rent
1) If the change has been reported as required, the increased rent shall be made effective the first of the second month following the month in which the change in family income or composition occurred.
2) If the change has been reported as required, and the processing of the interim review is delayed due to the fault of the HA, the rent increase shall be effective the first of the month thirty (30) days following the processed change.
3) If the change has not been reported as required, or if the tenant fails to provide the required information, the family shall be determined to have caused an unreasonable delay in the interim review process. The rent will be increased the first of the month thirty (30) days following the processed change. However, the effective date of the increase will be the first of the month following the date the change occurred. Any money due the HA as a result of the difference between the date the rent was increased and the effective date of the increase will be charged to the tenant as retroactive rent.
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b. Decreased Tenant Rent
1) If the change has been reported as required prior to the 20th day of the month, a decrease in tenant rent shall be effective the first of the month following the change. If the change has been reported after the 20th day of the month, a decrease in rent shall be effective the first of the second month following the month in which the change occurred. However, no downward rent adjustments shall be processed until all the facts have been verified, even if a retroactive adjustment results. a) The HA will not reduce the total tenant payment because of a
reduction in the family’s welfare assistance specifically because of fraud or failure to participate in an economic self-sufficiency program or to comply with a work activities requirement. This exception does not apply if the reduction results from: i) The expiration of a lifetime limit on receiving benefits; ii) When a family has sought, but cannot find, employment; iii) The family has complied with welfare program requirements but
loses welfare because of a durational time limit such as a cap on welfare benefits for a period of no more than two year in a five year period;or
2) If the change has not been reported as required, a decrease in tenant rent shall be effective the first of the second month following the date the change was reported.
c. Discovery of Errors
If an error in rent is revealed at any time, the HA shall make adjustments to correct the error as follows:
1) If the error was due to misrepresentation/fraud (i.e., not reporting a change, withholding information, etc.) and corrective actions result in an increased tenant rent, such rent shall be retroactive to the first month following the day the misrepresentation occurred. Unless otherwise agreed to by the HA, all retroactive rent charges shall be payable the first of the month following determination of the charge.
2) If the error was the fault of the tenant and corrective action results in decreased rent, such decrease shall be effective the first of the month following the date when the error was discovered.
3) If the error was not the fault of the tenant and corrective action results in increased tenant rent, such rent shall be effective the first of the second month following the date the error was discovered.
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4) If the error was not the fault of the tenant and corrective action results in decreased tenant rent, the change in rent shall be made retroactive to the effective date the error was made, and the tenant shall be reimbursed accordingly.
D. Retroactive Rent Collection Procedures
If the HA allows a person who owes retroactive rent to remain on the program, a repayment agreement will be required and will be calculated in the following manner:
- For retroactive amounts accrued in 12 months or less, repayment shall be made in a time period not to exceed the number of months it took to accrue the balance.
- For retroactive amounts whose accrual time is longer than 12 months, repayment shall be made in a time period not to exceed 12 months.
The HA retains the right to terminate a tenant's assistance if they miss a payment or refuse to sign a retroactive rent agreement.
In the case of a vacated or terminated Section 8 participant owing retroactive rent amounts, a repayment agreement must be signed with the HA within 30 days of the date of the vacate. The repayment agreement shall not exceed 6 months. If an agreement is not executed within 30 days, all amounts owing will be sent to a collection agency.
E. Special Review Due to Adjustment of Allowance for Tenant-Furnished Utilities and Other Services
At least annually, the HA will review the utility schedule and if there has been at least a 10% change in the average allowance amount using new utility rates, will revise the schedule of Utility Allowances taking into account size and type of dwelling units and other pertinent factors (See Exhibit I). The HA shall then determine the adjustments in the amount of rent to be paid by the affected Families and the amount of housing assistance payments to the Owner and shall notify the Owners and Families accordingly.
Adjustments in Tenant Rent due to changes in the Schedule of Allowances for Tenant-Furnished Utilities and other services shall be made for the participant family at the first annual review date following the effective date of the Utility Allowance change.
F. General Review Procedures
1. Tenant Files/Entries
Data assembled at the time of a Review is to be filed in the folder set up for the Family at the time of its admission. The Head of Household and/or spouse is
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required to submit the necessary information for completion of an application or recertification for tenant eligibility and computation of rent.
All entries shall be made in ink, indelible pencil, or typed. Corrections or changes are to be made by lining through the original entry and entering the correct data. Such changes are to be dated and initialed by the person recording the changed data, and the reasons and authority for such changes are to be noted in the record.
- Verification and Documentation of Review Data
- The information submitted by the Family is to be verified according to the verification requirements of Section 7 and Exhibit E. All members of the household over the age of 18 shall be required to complete and sign the HA's Release of Information (Authorization) form to allow access to third party verification. Complete and accurate verification records shall be kept in the Family's file.
- Action Required Following a Review
For all Reviews, the Family shall be promptly notified of the results and the effective date of any change. Specifically, notification shall be given as to:
- a.
- Eligibility status and, if ineligible, the date housing assistance payments will cease.
- b.
- Any change to be made in the Tenant Rent.
- c.
- Any change to be made in the size of the dwelling unit if the unit is overcrowded or underoccupied (determined only at Annual Review time).
- d.
- Any instances of misrepresentation or violation of the Family Obligations and any action which is to be taken. If a determination is made by the HA that data supplied or not properly reported was misrepresented, either on the application or any subsequent Review, the HA may cancel the Voucher, adjust the Tenant Rent, collect from the Family the difference between the rent it has paid and what it should have paid, and/or terminate the Family's housing assistance.
The Family shall be notified, where applicable, of their opportunity for an Informal Hearing.
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SECTION 11. CONTINUED ASSISTANCE WHEN ASSISTED FAMILY MOVES
A. General Guidelines
- If the HA determines that the Family is living in an overcrowded or oversized unit, the HA will issue a participant Family a new Voucher in order that the Family can find an acceptable unit as soon as possible (See Section 4.C.). The HA will notify the family that exceptions to the standard may be granted, and under what circumstances in which the granting of an exception will be allowed (See Section 4.E.). A family who refuses to move may be terminated from the program but the HA will not terminate the current HAP payment unless the family's Voucher has expired and the family has rejected without good cause the offer of a new unit.
- If an owner fails to maintain a dwelling unit in a decent, safe and sanitary condition or if the HA disapproves the owner for continued participation, and if it is necessary for the HA to terminate the contract with the owner, the HA will issue another Voucher to the family so that it may move into another unit under the program. A Family who refuses to move or who causes the HQS violations may be terminated from the program in accordance with policies established in Section 14.
- If the family has been in their unit at least 12 months and notifies the HA that it wants a Voucher so that it may move to another dwelling unit, the HA will issue another Voucher to the family if the HA determines it has sufficient funding for continued assistance for the family, and if the family has given the owner proper lease notice or received a mutual rescission. The family must notify the HA by the 20th of the month in which they plan to move in order to ensure uninterrupted assistance in their new unit.1 The HA may deny issuance of another Voucher, however, according to the provisions of Section 12 of the Administrative Plan.
- If a family moves from an assisted unit with continued Section 8 assistance, the term of the contract of the new assisted unit may not begin until the day following the end of the previous contract.2 Housing assistance payments cannot overlap except in cases of documented undue hardship.
B. Portability
The HA will implement its portability program using the following guidelines:
1. General Policy on Portability
1 Approved under MTW 8/30/04 2 Approved under MTW 8/30/04
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A family may receive assistance to lease a unit outside the initial HA jurisdiction anywhere in the US as long as it is within the jurisdiction of any HA that administers a tenant-based program.
2. The Housing Authority as the Initial HA will:
- a.
- Limit the ability of the family to one move between jurisdictions in a twelve-month period.
- b.
- Require a family to live within the jurisdiction of KCHA during the first twelve months on the program unless the head of household or the spouse had a domicile (legal residence) in the jurisdiction of KCHA at the time when the family first submitted an application for participation in the program. See Section 11.D. for possible exceptions to this restriction.
- c.
- Advise the family, if eligible, how to contact and request assistance from the receiving HA.
- d.
- Contact the receiving HA to notify them to expect the family.
- e.
- Determine whether the family is income-eligible in the area where the family wants to lease a unit.
- f.
- Send the receiving HA the most recent HUD 50058 for the family, Part I of the HUD 52665, and any related verification information.
- g.
- Provide reimbursement if the receiving HA elects not to subsidize the family through its own funds. Reimbursement will be for: i. The full amount of the housing assistance payments made on behalf of the family, determined in the same manner as for other families in the receiving HA program. ii. 80% of the initial HA’s on-going administrative fee for each unit month that the family receives assistance under the receiving HA program.
- h.
- Comply with financial procedures required by HUD, including the use of HUD-required billing forms and meeting deadlines for billing and payments.
- i.
- Ensure the HA has the financial ability to provide assistance for families that move out of the HA program under the portability procedures that have not been absorbed by the receiving HA, as well as for families that remain in the HA program.
3. The Housing Authority as the receiving HA will:
- a.
- Accept the tenant-based assistance and promptly notify the initial HA that services will be provided by billing in accordance with the requirements of 24 CFR 982.355(e) and PIH Notice 2004-12.
- b.
- Issue a voucher to the family with the term not to expire before the expiration date of any initial HA voucher. The initial HA will determine any extension of the term.
- c.
- Determine the unit size for the family in accordance with its subsidy standards.
- d.
- Promptly notify the initial HA if the family has leased an eligible unit under the program, or if the family fails to submit a Request for Tenancy Approval for an eligible unit within the term of the voucher.
- e.
- Perform all HA program functions, such as reexaminations of family income and composition, annual HQS inspections of the unit, etc.
- f.
- Reserve the right to deny or terminate assistance to the family in accordance with Section 12 of this policy.
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4. The HA will use the following guidelines in absorbing incoming Port clients.
- a.
- At the request of the initial PHA, the HA may absorb an incoming Section 8 participant if the following criteria is met: i. The initial PHA has a total Section 8 program size of less than 300 units, and ii. The family has lived in the jurisdiction of KCHA with assistance from the Section 8 program for two or more years immediately prior to the date of possible absorption, and iii. Not more than 10% of total unit turnover had been absorbed since January first of the current year. iv. The request does not occur within the final three months of the HA fiscal year (April 1st through June 30th).
- b.
- The HA will absorb any original KCHA voucher holder porting back to KCHA who ported out within the previous 24 months and was absorbed by another agency.
- c.
- The HA will absorb on a one for one basis outgoing and incoming portables with the same HA.
Any family meeting the above criteria will be absorbed on the date of their first annual review on or after their two-year anniversary.
C. Portability -- Family Self-Sufficiency Program
For the Family Self-Sufficiency program, provisions from Section 11.B. applies except that the participant must lease an assisted unit in the initial HA's jurisdiction for a minimum of 12 months after the effective date of the Contract of Participation. Thereafter, the FSS family may move outside the initial HA's jurisdiction. For those families who choose to move after the initial residency and who are unable to fulfill the obligations under their Contract of Participation, the HA may terminate the family from the FSS Program.
D. Exceptions to Portability Procedures
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Exceptions to the portability restrictions may be approved for good cause (as defined below). The Section 8 Supervisor's judgment shall prevail when determining whether a request meets the definition of "good cause." The reason for the portability request cannot have existed prior to the date of original application (except in the case of terminally ill clients attempting to move closer to medical facilities). Exceptions will be restricted to the following circumstances:
1. Medical emergencies substantiated by written recommendation by the tenant's physician. The Section 8 Supervisor shall review the documentation, provided on the physician's letterhead, to insure that it is a statement of medical urgency rather than a letter of support. The statement must include all of the following:
- a.
- The nature of the illness or condition;
- b.
- The approximate length of time the illness or condition can be expected to last;
- c.
- How living in the initial HA's jurisdiction is detrimental to the patient's condition and the effect caused; and
- d.
- How portability will improve or eliminate the detrimental effects caused by living in the initial HA's jurisdiction.
- Obtaining a job, where one of its elements requires the family to relocate in order to retain the job (e.g. Apartment Manger);
- Schooling and training. In order to be considered:
- a.
- The participant must be the Head of Household or spouse; and
- b.
- The participant must be enrolled at the school at the time of the request;
- c.
- The program must be for a minimum of one (1) year; and
- d.
- The move must substantially reduce travel time and cost.
- As a reasonable accommodation to persons with disabilities to allow the program to be readily accessible and usable by a persons with disabilities;
- To accommodate the needs of a participant in a domestic violence situation (as defined in Exhibits E).
The above may be granted by KCHA but are subject to review by the other Housing Authority prior to the transfer being approved. The above listed exceptions do not apply to families participating on the Family Self-Sufficiency Program.
E. Moving to A New Unit with Continued Assistance
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A family may move to a new unit if the assisted lease to the old unit has terminated because: the HA has terminated the HAP contract; the owner has given the tenant a notice to vacate for reasons other than a serious violation of the lease,; or the tenant has given proper notice of lease termination.
When a move is initiated by the family, they must notify the HA and the owner in writing before they move out of the unit. In order for the family to ensure uninterrupted assistance in their new unit, notification to the HA must be received by the 20th of the month in which the family intends to vacate their current unit. Notifications received after the 20th may result in the family paying the entire rent in their new unit until the proper paperwork can be processed by the HA.3 The family must also inform the HA in writing of their intent to remain on the program at the time of the move. Failure to do so is a breach of the family obligations under the program and could be cause for termination.
When a move is initiated by the HA (i.e., family is over or under housed), the family must give proper notice to the owner if they are planning on moving to a new unit in order to continue to receive assistance. Should this occur, the HA will issue a new voucher to the family, and the family and HA will try and find an acceptable unit as soon as possible.
F. Limit on Number of Moves by a Participant Family
A family and owner shall not be allowed to mutually terminate the lease during the initial term of the lease and a family shall be restricted to no more than one move during any one-year period. However, at the sole discretion of the HA, and with third party documentation which demonstrates special hardship situations, the following exceptions may be made provided the owner agrees to the termination (except in cases of documented domestic violence which is protected by State Law RCW 59.18.356):
- To reasonably accommodate the needs of a person with a disability;
- To accommodate the urgent medical needs of a participant;
- To accommodate the needs of a participant in a domestic violence situation.
- To accommodate the needs of a participant required to leave a unit due to natural disaster (e.g. fire);
- To accommodate a participant who locates a job where one of its elements requires them to relocate in order to retain the job (e.g. Apartment Manger);
- To accommodate a participant going to school. In order to be considered:
- a.
- The participant must be the Head of Household or spouse; and
- b.
- The participant must not have been enrolled at the time they initially moved in to the unit;
- c.
- The participant must be enrolled at the school at the time of the request and the program must begin before the end of the term of the lease;
3 Approved under MTW 8/30/04
10/01/04
- d.
- The program must be for a minimum of one (1) year; and
- e.
- The move must substantially reduce travel time and cost.
- To accommodate a family’s ability to reunify where the only reason the children have not been returned to the Household is due to the incorrect size of the unit; and
- To accommodate a current Section 8 owner who sells the unit within the first 12 months of the lease and the new owner refuses to participate and where the tenant does not want to contest the request to move.
In order to qualify for a hardship exception, a family must have maintained their family obligations under the program rules and regulations.
If no exception is granted and the family chooses to move within the twelve month limit, they will be considered to have removed themselves from the program and will not be eligible for the informal hearing process.
G. Denial of Request To Move
The HA will deny permission to move to a new unit if:
- The HA does not have sufficient funding for continued assistance;
- The participant requires more than one move in a one-year period;
- There are grounds for denial or termination of assistance as stated in Section 12 of this Administrative Plan.
H. Absence from Dwelling Unit
It will be the policy of the HA that, in order to continue receiving the benefit of a housing subsidy, a family is expected to reside continuously in the dwelling unit and may only be absent for brief periods. Absence means that no member of the family is residing in the unit.
This policy shall be enforced utilizing the following requirements:
- The family must notify the HA of any absence from the unit including providing any information requested concerning the purpose of family absences.
- The HA may verify family occupancy in the unit, or absence from the unit, by such techniques as visits, calls or letters to landlords, neighbors, etc.
- The following specific policies apply:
- a.
- Absence from the dwelling unit due to incarceration after being convicted of a crime will result in the immediate termination of housing assistance;
- b.
- Absence from the dwelling unit due to hospitalization or rehabilitation will be limited to a maximum period of ninety (90) days in any twelve-month period
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(extensions due to unforeseeable circumstances regarding hospitalization or rehabilitation may be granted up to 30 additional days);
- c.
- Absence from the dwelling unit due to vacations will be limited to a thirty-day period in any twelve (12) month period;
- d.
- Absence from the dwelling unit due to temporary relocation due to employment will be limited to l80 days.
4. If a family is absent for longer than the maximum period permitted above, housing assistance payments will cease, and the term of the HAP Contract and Lease will terminate.
a. The owner must reimburse the HA for any housing assistance payment for the period after the termination.
I. Eligibility For Continued Subsidy in Cases Where A Family Breaks-up
The HA shall have the sole discretion to determine which members of an assisted family will continue to receive assistance in the program if the family breaks up.
It is the general policy of the HA to provide the assistance to the family members remaining in the unit unless it is determined the family member(s) remaining in the unit is the abuser in a situation of domestic violence. However, in each case, the HA will review the interests of the minor children or of ill, elderly, or disabled family members prior to making its determination.
If a superior court determines the disposition of property between members of the assisted family in a divorce or separation under a settlement or judicial decree, the HA shall be bound by the court's determination concerning which family members continue to receive assistance in the program.
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SECTION 12. GROUNDS FOR TERMINATION OF ASSISTANCE FOR A PARTICIPANT AND TERMINATION OF LEASE/CONTRACT
A. Termination of a Participant's Housing Assistance Payments by the Authority
The HA has the right to terminate housing assistance payments which are being made on behalf of the participant under an outstanding Contract. Reasons for termination of assistance may include any or all of the following:
- If the family has engaged in or threatened abusive or violent behavior toward HA personnel,
- If the family has not reimbursed any HA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease,
- If the family currently owes rent or other amounts to this HA or to another HA in connection with Section 8 or public housing assistance under the 1937 Act and has been offered the opportunity to repay and either refused to pay or has not maintained a repayment agreement.
- If the HA determines that the person’s abuse of alcohol interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.
- If any member of the family fails to sign and submit consent forms for obtaining information as required by program regulations.
- Failure to properly report to the Housing Authority a letter or notice received from HUD (or to respond to Housing Authority contact) as part of HUD’s Computer Income Matching program within the time limits specified by the notice/letter and/or subsequent failure to provide verification necessary to explain any income discrepancy (See subsection E).
- If the family is not eligible due to the following restrictions on assistance to noncitizens:
- a.
- Required documentation of citizenship (i.e., the declaration) and eligible immigration status is not submitted by at least one family member to the HA.
- b.
- The family knowingly permits another individual who is not eligible for assistance to reside (on a permanent basis) in the assisted unit. This provision does not apply to a family if the ineligibility of the ineligible individual was considered in calculating any proration of assistance provided for the family.
- c.
- Evidence of citizenship and eligible immigration status is timely submitted, but INS verification does not verify eligible immigration status of a family member and ;
1) The family does not pursue INS appeal or informal hearing rights (as provided in Section 13); or
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2) INS and/or informal hearing rights are pursued, but the final appeal or hearing decisions are decided against the family member.
- If any family member fails to meet the eligibility requirements concerning an individual enrolled at an institution of higher education, as specified in Section 3 of this administrative plan.
- If the family fails to move after being required to by the HA (due to such reasons as the unit being overcrowded or the family being under housed);
- If any household member is subject to a lifetime registration requirement under a State sex offender registration program.
- If the family violates any family obligations under the program as stated in 24 CFR Part 982.551 and listed below:
- a.
- The family must supply any information that the HA or HUD determines is necessary in the administration of the program, including submission of required evidence of citizenship or eligible immigration status (as in other sections of this Administrative Plan). "Information" includes any requested certification, release or other documentation.
- b.
- The family must supply any information requested by the HA or HUD for use in a regularly scheduled examination or interim reexamination of family income and composition in accordance with HUD requirements.
- c.
- The family must disclose and verify social security numbers and must sign and submit a consent form for obtaining information.
- d.
- The family is responsible for ensuring all information supplied by the family is true and complete;
- e.
- The family is responsible for a Housing Quality Standards breach caused by the family for any of the following: l) The family fails to pay for any utilities that the owner is not required to
pay for, but which are to be paid by the tenant; 2) The family fails to provide and maintain any appliances that the owner is not required to provide but which are to be provided by the tenant; 3) Any member of the household or guest damages the dwelling unit or premises (damages beyond ordinary wear and tear).
a) If the family caused damage is life threatening, the family will be required to correct the defect within no more than 24 hours. For other family caused defects, the family will be required to correct the defect within no more than 30 calendar days (unless an extension is granted by the HA).
b) Serious or repeated tenant caused damages may result in the termination of the family's housing assistance payment.
- f.
- The family must allow the HA to inspect the unit at reasonable times and after reasonable notice.
- g.
- The family may not commit any serious or repeated violation of the lease. Examples of serious or repeated violations of the lease include but are not limited to:
5/8/06
1) Any of the following criminal activity by the tenant, any member of the household, a guest or other person under the tenant's control;
a) Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other residents;
b) Any criminal activity that threatens the health, safety or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; or
c) Any drug-related criminal activity on or near the premises.
2) A family pattern or history of disturbance of neighbors or destruction of property, or living or housekeeping habits resulting in damage to the unit or premises.
3) Eviction from the unit for tenant-caused reason (except in the case of a family being evicted solely for non-compliance with their Social Service Participation requirement on the Project-based voucher program).
- h.
- The family must notify the HA and the owner in writing before the family moves out of the unit, or terminates the lease on notice to the owner
- i.
- The family must promptly give the HA a copy of any owner eviction notice.
- j.
- Use and occupancy of the unit must meet the following requirements:
l) The family must use the assisted unit for residence by the family and the unit must be the family's only residence.
2) The composition of the assisted family residing in the unit must be approved by the HA. The family must promptly inform the HA of the birth, or adoption, or court-awarded custody of any child. The family must request HA approval to add any other family member as a occupant of the unit.
3) The family must promptly notify the HA if any family member no longer resides in the unit.
4) If the HA gives approval, a foster child or a live-in-aide may reside in the unit. The HA has the discretion to adopt reasonable policies concerning residence by a foster child or a live-in-aide, and defining when HA consent may be given or denied.
5) Members of the household may engage in legal profit making activities in the unit, but only if such activities are incidental to the primary use of the unit for residence by members of the family.
6) The family must not sublease or sublet the unit. 7) The family must not assign the lease or transfer the unit.
k. The family must supply any information or certification requested by the HA to verify that the family is living in the unit, or relating to family absence from the unit, including any HA-requested information or certification on the purposes of family absences. The family must cooperate with the HA for this purpose. The family must promptly notify the HA of absence from the unit.
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- l.
- The family must not own or have any interest in the unit.
- m.
- An assisted family, or members of the family, may not receive Section 8 tenant-based assistance while receiving another housing subsidy, for the same unit or for a different unit, under any duplicative (as determined by HUD) federal, State or local housing assistance program.
- n.
- The members of the family must not commit fraud, bribery or any other corrupt or criminal act in connection with the programs;
- o.
- The members of the family may not engage in drug-related criminal activity, or violent criminal activity (as defined in CFR 24 982.553)
1) If the HA seeks to deny or terminate assistance because of illegal use, or possession for personal use, of a controlled substance, such use or possession must have occurred within the previous five years of the date of the HA determination to deny or terminate assistance. In determining whether to deny or terminate assistance for use or possession of a controlled substance by a family member, the HA shall take into consideration whether he or she can demonstrate that they:
a) Have an addiction to a controlled substance, have a record of such an impairment, or are regarded as having such an impairment; and
b) Are recovering, or have recovered from such addiction and do not currently use or possess controlled substances (evidence of participation in, or successful completion of a treatment program shall be required as one of the conditions to being allowed to reside in the unit.)
2) In making its determination as to whether drug-related criminal activity or violent criminal activity occurred, the issue will be whether the preponderance of evidence indicates that a family has engaged in such activity, regardless of whether the family member has been arrested or convicted.
3) In cases of termination as a result of persons convicted of manufacturing or producing methamphetamine on the premises of the Section 8 unit (defined as the building or complex in which the dwelling unit is located including common areas and grounds), the HA will permanently deny further participation on any assisted housing program.
Termination of assistance for any of the above reasons may include any of the following: Refusing to enter into a HAP contract or approve a lease; terminating housing assistance payments under an outstanding HAP contract; and refusing to process or provide assistance under portability procedures.
If the HA initiates an action to terminate the assistance of a participant, the participant will receive written notice of this decision with a brief statement of the reasons for the HA's decision. The notice will also state that the participant may request an Informal Hearing to contest the decision and will explain the procedures for obtaining such a
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Hearing. A copy of the HA's Informal Hearing will be attached to the letter. The written notice will also state the deadline for the family to request an Informal Hearing.
Any Section 8 participant for which assistance is to be terminated for failure to receive a certification of eligible immigration status from the INS must be notified of their right to request an appeal of the results of the INS verification to the INS instead of, or in addition to, an Informal hearing with the Housing Authority. The Notice must also inform the tenant of:
i. The reason for the proposed termination of assistance;
ii. That they may be eligible for prorated assistance, continued assistance, or a temporary deferral of termination and the procedures for obtaining each.
iii. The time limits and procedures to follow in order to pursue an INS and/or Housing Authority appeal and that, if the family chooses to pursue the appeals process the tenant’s assistance cannot be delayed, denied, reduced or terminated until all appeals are processed.
B. Termination of Owner's HAP Contract by the Authority
It is the general policy of the HA to recruit owners to participate in the Section 8 program and to provide owners with prompt service in order to maintain an adequate supply of affordable housing throughout the jurisdiction of the HA. However, there are some situations where it is in the best interest of both the Section 8 program and its participants to deny owner participation. In this regard the HA has the sole discretion of denying or restricting participation by an owner in the following cases:
- If HUD or any other agency directly related has informed the HA that the owner has been disbarred, suspended, or subject to a limited denial of participation;
- If HUD has informed the HA that the federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other federal equal opportunity requirements;
- If HUD has informed the HA that a court or administrative agency has determined that the owner has violated the Fair Housing Act or other federal equal opportunity requirements;
- If the owner has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal housing assistance program;
- If the owner has engaged in drug trafficking, drug related criminal activity, or any violent criminal activity;
- If the owner has violated any obligation under the HAP contract for the unit in question or any other unit under contract on the Section 8, including the owner's obligation to maintain the unit in accordance with HQS;
- If the owner refuses, or has a history of refusing to take action against tenants (including household members and guests) who constitute a:
- a.
- threat to the health or safety of, or right to peaceful enjoyment of the premises by other tenants or employees of the HA, an owner, or other manager of the housing;
- b.
- threat to the health or safety, or right to peaceful enjoyment of the residences by persons residing in the immediate vicinity of the premises;
- c.
- threat by being involved in drug-related or violent criminal activity.
10/09/03
- If the owner has a history of inadequate enforcement of the lease obligations as outlined in the HUD lease addendum and the owners lease.
- If the owner has a history or practice of non-compliance of the Housing Quality Standards for units leased under the Section 8 program as described below:
- a.
- For serious violations involving life threatening situations, termination will occur after a maximum of three separate violations regardless whether abatement has occurred. However, depending on the severity of the violation, the HA has the option to terminate sooner;
- b.
- For non-life threatening violations, termination will occur after a minimum of three notices to terminate assistance due to abatement have been issued;
- c.
- In all cases, except very serious life threatening situations where immediate termination is necessary, the owner will be given an opportunity to meet with the Section 8 Program Coordinator and Section 8 Inspection Coordinator prior to termination in order to present the reasons why they believe they should not be denied participation on the program.
- If the owner has a history or practice of renting units that fail to meet State or local housing codes;
- If the owner has not paid State or local real estate taxes, fines or assessments.
- Other conflicts of interest under Federal, State or local law.
If it is determined the owner has breached the contract, the HA may implement one or more of the following sanctions: recovery of overpayments, abatements or other reduction of housing assistance; termination of housing assistance; and/or termination of the HAP contract.
If a decision is made to terminate an owners participation on the program, no new units owned or managed by this owner will be allowed on the program until either the problem(s) is cleared up or the termination takes place. If termination does occur, all failed units belonging to the owner in question will be removed from the program and the HA will not allow any new units from the same owner for a minimum of 12 months. After 12 months, the owner may appeal reinstatement to the HA and provide documentation detailing what has been done to remedy the situation and to prevent it from occurring in the future. Any reinstatement shall be at the sole discretion of the HA. Current tenants of the failed units will be issued a voucher and asked to find another unit within sixty (60) days, except in cases of serious life threatening violations where they will be asked to move immediately pending unit termination.
If the Housing Authority makes a decision NOT to terminate an owners participation but concludes the situation is serious enough to warrant termination and believes there is a high chance of reoccurrence, restrictions on future new housings may occur for a specified time to ensure continued program compliance.
While an internal review process is not available to an owner being denied program participation, any owner so effected will be given an opportunity to meet with the Section 8 Program Coordinator.
7/11/05
The HAP Contract may also be terminated if:
- The family has been required to move from the unit because of overcrowding and fails to move.
- The HA determines, in accordance with HUD requirements, that funding under its consolidated Annual Contributions Contract is insufficient to support continued assistance for families in the program.
The HAP Contract terminates automatically l80 calendar days after the last housing assistance payment to the owner.
The family is not a party to, or third party beneficiary, of the HAP contract. The family may not exercise any right or remedy against the owner under the HAP contract. Even if the family continues to occupy the unit, the HA may exercise any right or remedy against the owner under the HAP Contract.
C. Termination of Tenancy by the Owner
During the initial term of the lease, the owner may not terminate the tenancy except on the following grounds:
l. Serious or repeated violation of the terms and conditions of the lease; or
- Violation of federal, State or local law that imposes obligations on the tenant in connection with the occupancy or use of the premises; or
- Other good cause.
Note: A family is not responsible for payment of the portion of the rent to owner covered by the housing assistance payment and failure by the HA to pay the HAP to the owner is not a violation of the lease between the tenant and the owner and is not a cause for eviction.
The owner must give the tenant a written notice, with a copy to the HA, which specifies the grounds for termination of tenancy. This notice must be given at or before commencement of eviction action and the tenancy does not terminate before the owner has given this notice.
The HA does not authorize eviction actions nor determine whether an owner has good cause for termination of a tenancy (as required by the Lease), but termination must be made in accordance with the lease and State and local law.
Housing Assistance payments are paid to the owner in accordance with the terms of the HAP Contract. These payments may only be paid to the owner during the lease term, and while the family is residing in the unit. However, if the owner has commenced the process to evict the tenant, and if the family continues to reside in the unit, the HA will continue to make housing assistance payments to the owner in accordance with the HAP contract until the owner has obtained a court judgment or other process allowing
10/09/03
the owner to evict the tenant. The HA will continue such payments until the family moves from or is evicted from the unit.
D. Termination of Tenancy by Family
The family may terminate the lease at any time after the initial term of the lease. The lease shall state the required number of days of advance notice in order to terminate the lease and shall be consistent with the requirements of state law. A family shall not be required to provide more than 60 days notice.
A family shall not be allowed to terminate the lease during the initial term of the lease term even with a mutual rescission from an owner. In addition, a family shall be restricted to no more than one move during any one year period. At the sole discretion of the HA, and with third party documentation which demonstrates special hardship situations, exceptions may be made to this restriction. The HA may also deny permission to move if the HA does not have sufficient funding for continued assistance.
A copy of any family notice to the owner terminating the lease must also be given to the HA. Failure to do this shall be considered a breach of the family obligations and may be grounds for termination of assistance. At the same time, the family shall notify the HA if it desires continuing assistance under the program.
E. Receipt of a Letter or Notice from HUD Concerning Tenant Income Discrepancies
- If a Section 8 participant receives a letter or notice from HUD (under HUD’s Computer Income Matching program) concerning the amount or verification of family income, the letter shall be brought to the Section 8 office within the time limits specified in the correspondence.
- If the Section 8 participant fails to come forward, as requested by HUD, the Housing Authority will follow HUD guidelines established to ensure timely resolution of the reported income discrepancy.
- The Section 8 Office shall reconcile any difference between the amount of family income reported by the participant and the amount of income listed in the HUD communication. This shall be done as promptly as possible.
- After the reconciliation is complete, the Housing Authority shall adjust the participant’s rent beginning at the start of the next month unless the reconciliation is completed during the final five (5) days of the month and then the new rent shall take effect on the first day of the second month following the end of the current month. In addition, if the participant had not previously reported the proper income, the King County Housing Authority shall do one of the following:
- (a)
- Immediately collect the back rent due to the agency;
- (b)
- Establish a repayment plan for the participant to pay the sum due to the agency;
- (c)
- Terminate the participant’s Housing Voucher for failure to report income; or
- (d)
- Terminate the participant’s Housing Voucher for failure to report income, and collect the back rent due to the agency.
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10/09/03
SECTION 13. INFORMAL REVIEW AND HEARING PROCEDURES
A. Informal Review Procedures for Applicants
1. The HA will give prompt written notice to an applicant of a decision denying assistance, including a decision denying:
- a.
- Listing on the HA waiting list;
- b.
- Issuance of a Housing Voucher; or
- c.
- Participation on the program.
The notice will contain a brief written statement of the reasons for the denial and will give an applicant an opportunity to request an informal review of the HA decision to deny assistance by contacting the Section 8 office within ten (10) days of the date of the written notice.
2. The HA procedures for conducting the review are as follows:
- a.
- The review will be conducted by a person designated by the HA other than a person who made or approved the decision under review or a subordinate of such person.
- b.
- The person conducting the review will have sole responsibility for regulating the conduct of the review.
- c.
- The applicant will be given the opportunity to present written or oral objections to the HA decision.
- d.
- If the family fails to appear at the time scheduled for the review, or attempts to reschedule the review with less than 24 hours notice, the hearing officer may determine that the family has waived the right to a review or may postpone the review for a period not to exceed five (5) days. In making the determination, the hearing officer must consider documented emergencies (i.e., medical reasons, car accident, etc.) that would limit the clients ability to reschedule in a timely manner.
- e.
- Both the family and the HA may have a maximum of three (3) other persons in attendance at the informal review. Because of the serious nature of the review process, children will not be allowed in the review room unless they are serving as a witness. Families are responsible for arranging for necessary childcare.
- f.
- Evidence will be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. All reviews shall be conducted informally and both oral and documentary evidence pertinent to the facts and issues raised may be received. The challenges to the admissibility of evidence shall be determined solely by the hearing officer.
- g.
- The HA will notify the applicant in writing of its final decision after the informal review, including a brief statement of the reasons for the final decision within 10 business days following the informal review.
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3. The HA is not required to provide an opportunity for an informal review in the following situations:
- a.
- To review discretionary administrative determinations by the HA or to consider general policy issues or class grievances;
- b.
- To review the HA’s determination of the family unit size under the HA subsidy standards;
- c.
- To review the HA’s determination not to approve a request for an extension or suspension of a voucher term;
- d.
- To review the HA’s determination not to grant approval to lease a unit under the program or to approve a proposed lease;
- e.
- To review the HA’s determination that a unit selected by the applicant is not in compliance with Housing Quality Standards (HQS); or
- f.
- To review the HA’s determination that the unit is not in accordance with HQS because of the family size or composition.
4. Families denied assistance as a result of their immigration status: will be informed of their right to request an appeal of the results of the INS verification to the INS or request an Informal Review with the Housing Authority (in lieu/upon completion of the INS appeal). The notice will also inform the applicant:
- a.
- Of the reason for the denial;
- b.
- That they may be eligible for proration of assistance based on the number of family members with “eligible immigration status”.
- c.
- Of the time limits and procedures that must be followed when requesting an appeal to the INS and/or Housing Authority.
- d.
- That assistance may not be delayed, denied or reduced until the conclusion of the INS appeal process, but, that assistance may be delayed while awaiting the outcome of the Housing Authority’s Informal Review process.
B. Informal Hearing Procedures for a Participant
1. The HA will provide a participant in its Section 8 Housing Program an opportunity for an informal hearing to consider whether decisions relating to the individual circumstances of the family are in accordance with the law, HUD regulations and/or policies, in the following cases:
- a.
- A determination of the family’s annual or adjusted income, and the use of such income to compute the housing assistance payment;
- b.
- A determination of the appropriate utility allowance (if any) for tenant-paid utilities from the HA utility allowance schedule;
- c.
- A determination of the family unit size under the HA subsidy standards;
- d.
- A determination that a program participant family is residing in a unit with a larger number of bedrooms than appropriate for the family unit size under the HA subsidy standards, or the HA determination to deny the family’s request for an exception from the standards;
- e.
- A determination to terminate assistance for a participant family because of the family’s action or failure to act;
- f.
- A determination to terminate assistance because the participant family has been absent from the assisted unit for longer than the maximum period permitted under HA policy and HUD rules;
- g.
- A determination to terminate assistance because the participant family fails to provide evidence of citizenship and eligible immigration status, or provides the evidence, but the INS fails to certify the family is eligible for housing assistance.
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2. In those cases described in numbers 1.d,e,f and g above, the HA will issue a prompt written notice to the family stating the reason for the decision, that the family has the right to request an informal hearing on the decision if they do not agree by personally presenting such request (either orally or in writing) to the Section 8 office within ten (10) days of the date of the notice to the family. In addition, any family being terminated for reason 1.g. must be notified of their right to request an appeal of the results of the INS verification to the INS instead of, or in addition to, an Informal hearing with the Housing Authority. The Notice must also inform the tenant of:
- a.
- The reason for the proposed termination of assistance;
- b.
- That they may be eligible for prorated assistance, continued assistance, or a temporary deferral of termination and the procedures for obtaining each;
- c.
- The time limits and procedures to follow in order to pursue an INS and/or Housing Authority appeal and that, if the family chooses to pursue the appeals process the tenant’s occupancy cannot be terminated until all appeals are processed.
In those cases described in numbers 1.a, b, and c above, the HA will notify the family that they may ask for an explanation of the basis of the HA determination. If the family does not agree with the determination, the family will be notified they may request an informal hearing on the decision by personally requesting (either orally or in writing) an informal hearing on the determination from the Section 8 office. The request must be made within ten (10) days of the date the family received an explanation of the basis for the HA determination.
3. The HA is not required to provide a participant family an opportunity for an informal hearing in the following cases:
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- a.
- To review discretionary administrative determinations by the HA or to consider general policy issues or class grievances;
- b.
- To review establishment of the HA schedule of utility allowances for families under the program;
- c.
- To review the HA’s determination not to approve a request for an extension or suspension of a voucher term;
- d.
- To review the HA’s determination not to approve a unit or lease;
- e.
- To review the HA’s determination that a unit selected by the applicant is not in compliance with Housing Quality Standards (HQS);
- f.
- To review the HA’s determination that the unit is not in accordance with HQS because of the family size or composition; or
- g.
- To review a determination by the HA to exercise or not to exercise any right or remedy against the owner under the HAP contract.
- The informal hearing will be scheduled by the Hearing Officer no sooner than seven (7) days, but not later than fifteen (15) days after the receipt by the Section 8 office of the request for the informal hearing. If the HA is terminating the housing assistance payments under an outstanding contract, the informal hearing will be held before effective date of the proposed termination of assistance for the family.
- The procedures for conducting the informal hearing are as follows:
- a.
- The hearing will be conducted by a Hearing Officer. The Hearing officer will be an individual selected from outside the HA who has experience as an arbitrator, judge, or chair of judicial hearings.
- b.
- Prior to the HA informal hearing, the family will be given the opportunity to examine any HA documents at the HA office (including records and regulations) that are directly relevant to the hearing. The family will be allowed to copy any such document at the family’s expense. Any document not made available to family prior to the hearing cannot be relied upon at the hearing.
- c.
- The HA must be given the opportunity to examine at the HA office prior to the informal hearing, any family documents that are directly relevant to the hearing. The HA must be allowed to copy any such document at the HA’s expense. Any document not made available to the HA prior to the hearing cannot be relied upon at the hearing.
- d.
- The family may be represented by a lawyer or other representative at its own expense.
- e.
- If the family fails to appear at the time scheduled for the hearing, or attempts to reschedule the hearing with less than 24 hours notice, the hearing officer may determine that the family has waived the right to a hearing or may postpone the hearing for a period not to exceed five (5) days. In making the determination, the hearing officer must consider documented emergencies (i.e., medical reasons, car accident, etc.) that would limit the clients ability to reschedule in a timely manner.
- f.
- The person conducting the hearing will have sole responsibility for regulating the conduct of the review. Failure to comply with the directions of the hearing
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office may result in exclusion from the proceedings, in a decision adverse to the interests of the disorderly party, or in such other relief as the hearing officer shall reasonably determine.
- g.
- Both the family and the HA may have a maximum of three (3) other persons in attendance at the informal hearing. Because of the serious nature of the hearing process, children will not be allowed in the hearing room unless they are serving as a witness. Families are responsible for arranging for necessary childcare.
- h.
- Both the HA and the family will be given the opportunity to present evidence, and may question any witness.
- i.
- Evidence will be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. All hearings shall be conducted informally and both oral and documentary evidence pertinent to the facts and issues raised may be received. The challenges to the admissibility of evidence shall be determined solely by the hearing officer.
- The hearing officer will notify the family in writing of the HA final decision within ten (10) business days following the informal hearing, including a brief statement of the reasons for the final decision. Factual determinations relating to the individual circumstances of the family shall be based on a preponderance of evidence presented at the hearing.
- The hearing officer’s decision shall be binding on the HA unless:
- a.
- The decision concerns a matter for which the HA is not required to provide an opportunity for an informal hearing, or otherwise exceeds the authority of the hearing officer under the HA hearing procedures;
- b.
- The decision is contrary to HUD regulations or requirements, or otherwise contrary to federal, State, or local law.
8. If the HA is not bound by a hearing decision, the HA will promptly notify the family of the determination and the reasons for the determination.
H. Informal Hearing Procedures for a Landlord
1. The Housing Authority will provide an owner in its Section 8 Program an opportunity for an informal review to consider whether decisions relating to the individual circumstances of the owner are in accordance with the law, HUD Regulations, the HA MTW agreement, and/or other polices in the following cases:
- a.
- To review the HA’s determination that a unit is not in compliance with HQS;
- b.
- To dispute a rent reasonableness determination made by the HA; or
- c.
- To dispute a denial of participation on the Section 8 program.
2. Owners wishing to dispute one of the above reasons must request a review of the determination in writing, making reference to the specific problem they wish
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reviewed. A time will be scheduled with a Section 8 supervisor who was not a party to the original decision within ten (10) days of the request. The review, depending on the request can be performed either by telephone or in a meeting at the Section 8 office with all parties present.
- Utilizing either method, the owner shall have the right to submit any documentation they believe should be considered in making a decision. After all items have been discussed, the owner will receive a written response from the HA within ten (10) business days of the review detailing the final determination and the reasoning behind the decision.
- If the owner is not satisfied with the decision, they may request, in writing, that the Section 8 Program Coordinator review the information. No formal meeting will be held. The response of the Section 8 Program Coordinator is final and will be issued within (10) business days of the request.
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SECTION 14. MISCELLANEOUS ITEMS
A. Authorized Uses and Restrictions on Use of the Administrative Fees and Operating Reserves (non-MTW units)
1. The HA shall maintain a separate administrative fee reserve account for the HA's voucher programs. The HA will credit to these reserves the total of:
- a.
- The amount by which program administrative fees paid by HUD for the HA fiscal year exceed the HA program administrative expenses for the fiscal year; plus
- b.
- Interest earned on the administrative fee reserve.
2. The administrative reserve balance shall be used as follows:
- a.
- Reasonable balances shall be maintained against possible future deficits occurring in the Section 8 Certificate/ Voucher program.
- b.
- Excess balances above reserves for future deficits may be expended for any housing purpose expenditure permitted by State and local law. The Executive Director may pre-authorize expenditures for these purposes to an amount not to exceed $25,000. Amounts in excess of this limit shall require prior approval of the Board of Commissioners.
B. Depository For Section 8 Funds
All program receipts will be promptly deposited with a financial institution selected as a depository by the HA in accordance with HUD requirements, including the provision of 24 CFR 982.156.
C. HUD Payments (non-MTW units)
- Budget Submission. Each HA fiscal year, the HA shall submit its proposed budget for the program to HUD for approval at such time and in such form as required by HUD.
- HA use of program receipts. HUD payments under the consolidated ACC, and any other amounts received by the HA in connection with the program must be used in accordance with the HA HUD-approved budget. Such HUD payments and other receipts may only be used for:
- a.
- Housing assistance payments; and
- b.
- HA administrative fees.
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SECTION 8 ADMINISTRATIVE PLAN EXHIBITS TABLE OF CONTENTS Exhibit A Income Inclusions Exhibit B Income Exclusions Exhibit C Clarifications on Income, Assets and Allowances Exhibit D Very Low Income Limits and Voucher Payment Standards Exhibit E Acceptable Forms of Verification Exhibit F Disposition of Records Policy Exhibit G Accommodation of Persons with Disabilities Exhibit H Confidentiality of Tenant Records Exhibit I Section 8 Utility Allowances Exhibit J Equal Opportunity Housing Plan Exhibit K Housing Voucher Exhibit L HAP Contract for Voucher Program Exhibit M Lease Addendum for Voucher Program Exhibit N Administrative Plan for the Moderate Rehabilitation Program For Single Room Occupancy Dwellings For Homeless Individuals Exhibit O Lead Based Paint Guidelines Exhibit P Terminally Ill Program Exhibit Q Memorandum of Understanding for Family Unification Program Exhibit R Social Service Agreement for Section 8 Housing Payment Assistance for Homeless Victims of Domestic Violence Exhibit S List of Major and Minor Fail Items
Exhibit T Memorandum of Understanding for the Housing Access and Service Program (HASP)
Exhibit U Memorandum of Understanding for the Access Housing 2000 Program
Exhibit V Family Self-sufficiency Action Plan
EXHIBIT A. INCOME INCLUSIONS
A. Annual income means all amounts, monetary or not, that:
- Go to (or on behalf of) the family head or spouse (even if temporarily absent) or to any other family member, or
- Are anticipated to be received from a source outside the family during the 12month period following admission or annual examination effective date; and
- Are not specifically excluded from annual income.
B. Income includes, but is not limited to, the following:
- The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services. (Except as excluded by Exhibit B).
- The net income from operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the Family.
- Where a Family has total Assets which value $50,000
1or more, Annual Income shall include: Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as a deduction in determining net income. An allowance for depreciation is permitted only as authorized in paragraph 2 of this Exhibit. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Annual Income shall include the greater of the actual income derived from all Net Family Assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD. - The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts, including a lump-sum payment or prospective monthly amounts for the delayed start of a periodic payment, except SSI and Social Security. (See Paragraph 13 of Exhibit B).
- Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (See Paragraph 3 of Exhibit B).
1 Approved under MTW 5/14/07
5/14/2007
6. Welfare Assistance.
- (a)
- The actual amount of the TANF benefit paid to the family each month, or
- (b)
- The Imputed Welfare Income, if the TANF amount has been reduced due to Fraud or Non-compliance with TANF requirements. Imputed Welfare Income is the amount of annual income not actually received by a family as a result of a specified welfare benefit reduction due to fraud or noncompliance with TANF requirements that is, nonetheless, included in the family’s annual income for purposes of determining rent. (See Exhibit C.I.(J). for clarification on Imputed Welfare Income).
- Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling;
- All regular pay, special pay and allowances of a member of the Armed Forces (See Paragraph 7 of Exhibit B)
- Adoption assistance payments up to $480.00 per adopted family member (See Paragraph 13 of Exhibit B).
- Any financial assistance, in excess of amounts received for tuition, that an individual receives under the Higher Education Act of 1965, from private sources or from an insituation of higher education, except that financial assistance as described is not considered income for persons over the age of 23 with dependent children. This inclusion of income does not apply to students who currently live with their parents who are receiving or applying for Section 8 assistance. (See Paragraph 6 of Exhibit B).
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Section 8 Administrative Plan
EXHIBIT B. INCOME EXCLUSIONS
- Income from employment of children (including foster children) under the age of 18 years.
- Payments received for the care of foster children, or foster adults (usually individuals with disabilities, unrelated to the tenant family, who are unable to live alone).
- Lump-sum additions to family assets, such as inheritances, insurance payments, (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal property losses (but See Paragraph 5 of Exhibit A).
- Amounts received by the family that is specifically, for or in reimbursement of, the cost of medical expenses for any family member.
- Income of a Live-In Aide, as defined.
- Except as described in paragraph 10 of Exhibit A, the full amount of student financial assistance paid directly to the student or to the educational institution. Loan proceeds are not considered income.
- The special pay to a family member serving in the Armed Forces who is exposed to hostile fire.
- Income from Assets when the total value of assets held by the Family is less than $50,000.
1 - The amounts received from the following programs
- a . Amounts received under training programs funded by HUD (See Exhibit C). A prime example is the Comprehensive Improvement Training Program (CITP).
- Amounts received by a Person with disabilities that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS).
- Amounts received by a participant in other publicly assisted programs which are specifically for, or in reimbursement of, out-of-pocket expenses (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program. Among the programs to which this applies are the Community Work Experience and Employment School Program. This provision would also apply to amount received to cover transportation costs of a Volunteer Firefighter.
- A resident service stipend (not to exceed $200.00 per month) received by a resident for performing a service for the owner (HA), on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, laundry room attendant, fire patrol, hall monitoring, lawn maintenance, and resident initiatives coordination and serving as a member of the Housing Authority Board of Commissioners. No resident may receive more than one such stipend during the same period of time.
1 Approved under MTW 5/14/07
5/17/2007
Section 8 Administrative Plan
e. Incremental earnings and benefits resulting to any family member from participation in qualifying State or Local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident Management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period during which the family member participates in the employment-training program.
10. For a disabled family member only, the incremental earnings after admission due to employment during a cumulative 12-month period following date of the initial hire.
- a.
- Families whose annual income increases as a result of employment of a family member who is a person with a disability and who was “previously unemployed” for one or more years prior to employment. “Previously unemployed” includes a person with disabilities who has earned, in the 12 months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage.
- b.
- Families whose annual income increases as a result of increased earnings by a family member who is a person with disabilities during the participation in any economic self-sufficiency or other job-training program.
- c.
- Families whose annual income increases, as a result of new employment or increased earnings of a family member who is a person with disabilities, during or within 6 months after receiving assistance, benefits or services under any TANF program funded under Part A of Title IV of the Social Security Act. The TANF Program is not limited to monthly income maintenance, but also includes such benefits and services as one-time payments, wage subsidies and transportation assistance, provided that the total mount over 6 months is at least $500.
During the second cumulative 12-month period after the date a member who is a person with disabilities of a qualified family is first employed or the family first experiences an increase in annual income attributable to employment, 50% of the increased income shall be excluded from income.
The disallowance of increased income of a family member who is a person with disabilities is limited to a lifetime 48-month period from the date it is first excluded. The exclusion only applies for 12 months of the 100% exclusion and 12 months of the 50% exclusion.
- Temporary, non-recurring or sporadic income (including gifts).
- Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era (effective April 23, 1993).
- Earnings in excess of $480.00 for each full-time student 18 years old or older (excluding the Head of Household or spouse).
- Adoption assistance payments in excess of $480.00 per adopted child.
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Section 8 Administrative Plan
- Deferred periodic payments of supplemental security income (SSI) and Social Security benefits that are received in a lump sum payment or in prospective monthly amounts.
- Amounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit.
- Amounts paid by a state agency to a family with a developmentally disabled family member living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home.
- Payments made by the Department of Social and Health Services (DSHS) or other state of Washington departments to a landlord to assist Section 8 participants with disabilities living in shared residential settings in obtaining or maintaining housing at an affordable level. This exclusion will not be applied if DSHS or other governmental entity reduces the households income in order to provide this contribution.2
- Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under the United States Housing Act of 1937. The following types of income are subject to such exclusions:
| a. | The value of the allotment provided to an eligible household, regardless of the form of the allotment, under the Food Stamp Act of 1977 (7 U.S.C. 2017 [b]). |
| b. | Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044[g], 5058). |
| c. | Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626[a][c]). |
| d. | Income derived from certain sub-marginal land of the United States that is held in trust for certain Indian tribes (25 U.S.C 459e). |
| e. | Payments or allowances made under the Department of Health and Human Services' Low-Income Home Energy Assistance Program (42 U.S.C. 8624[f]). |
| f. | Payments received under programs funded in whole or in part under the Job Training Partnership Act (29 U.S.C. 1552[b]). Even if a training program is funded only partially by JTPA, all income from this program is excluded. |
| g. | Income derived from the disposition of funds of the Grand River Band of Ottowa Indians (Pub. L.94-540, 90 Stat. 2503-2504). |
h. The first $2,000 of per capita shares received from judgment funds awarded by the 2 Approved under MTW 8/3/05
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Section 8 Administrative Plan Indian Claims Commission or the Court of Claims (25 U.S.C. 1407-1408), from funds held in trust for an Indian tribe by the Secretary of the Interior (25 U.S.C. 117b, 1407), or from income received by individual Indians that is derived from trust or restricted lands held by the Secretary of the Interior for the benefit of individual Indians (25 U.S.C. 1408).
- i.
- Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, including awards under the Federal Work Study Program or under the Bureau of Indian Affairs Student Assistance Program (20 U.S.C. 1087uu). (See 24 CFR 813.106[c][6]).
- j.
- Payments received from programs funded under Title V of the Older Americans Act of 1965 (42 U.S.C. 3056[f]).
- k.
- Payments received after January 1, 1989 from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.).
- l.
- Payments received under the Maine Indian Claims Settlement Act of 1980 (Pub. L. 96420, 94 Stat 1785).
- m.
- Any earned income tax credit received on or after January 1, 1991 (26 U.S.C. 32 (j).
- n.
- The value of any childcare provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. sec. 9858q).
- o.
- Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95-433).
- p.
- Allowances, earnings and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d)).
- q.
- Any allowance paid under the provisions of 38 U.S.C 1805 to a child suffering from spina bifida who is the child of a Vietnam veteran (38 U.S.C. 1805).
- r.
- Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602).
- s.
- Allowances, earning and payments to individuals participating in programs under the Workforce Investment Act of 1998 (29 U.S.C. 2931).
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EXHIBIT C. CLARIFICATIONS ON INCOME, ASSETS AND ALLOWANCES
I. Annual Income
A. General Rule
Annual Income is the gross income anticipated to be received by the Family from all sources during the 12 months following the effective date of admission or reexamination. (See Exhibits A and B of this policy for the listing of income inclusions and exclusions.)
To compute the Annual Income, the HA will:
- Use current family circumstances to anticipate income unless the verification forms indicate an imminent change.
- Annualize all income, including income that may not last the full 12 months (such as unemployment benefits). When circumstances change, an Interim or Special Reexamination may be processed.
To annualize full-employment, the HA will multiply:
- Hourly wages by 2080
- Weekly wages by 52
- Bi-weekly wages by 26
- Semi-monthly wages by 24
- Monthly amounts by 12
B. Income of Dependents
Count any benefit income or other non-earned income paid to minors or on behalf of minors. Income in excess of $480.00 for each full-time student 18 years or older is not counted as well as any earned income of minors (family members 17 and under). Income for the care of foster children or foster adults is never counted.
C. Income from Assets
Income from Assets will not be considered in the calculation of Family Income when the total value of Assets held by the Family is less than $50,000. 1
1 Approved under MTW 5/14/07
When the family has assets of more than $50,000, use the greater of:
- a.
- Actual income from assets or
- b.
- Imputed income from assets based upon the passbook rate established by HUD. *
- D.
- Income from Temporarily Absent Family Members
Count all of the income of every family member who is on the lease including those who are temporarily absent. In addition, count the income of the spouse of the head of household if that person is temporarily absent, such as away at college or in the Armed Forces, even if that person is not on the lease (See Exhibit B for Income Exclusions).
E. Income of Persons Confined to a Hospital or Nursing Home
If a household member is confined to a nursing home or hospital on a long-term basis, allow the family to remove that family member's name from the lease, (with the owner's permission), exclude the income, and do not allow any deductions for the individual removed from the lease. The family member would be considered to be permanently absent and the family would be issued a Voucher for a smaller bedroom size at the time of the next annual review or mutual rescission.
F. Regular Contributions and gifts
Count as income regular contributions and gifts from persons outside the household. This may include rent or utility payments regularly paid on behalf of the family, and any other cash or non-cash contributions provided to the family on a regular basis. In determining whether contributions should be counted, consider whether these contributions make up a regular portion of the family's annual income or whether they are sporadic or casual contributions, which should not be counted. Bartering in lieu of cash payment is to be counted as income.
G. Alimony or Child Support
Count amounts awarded as part of a divorce or separation agreement unless the applicant certifies that the income is not provided and documents that the required efforts have been made to collect these amounts. (See Verification Requirements, Exhibit E) This also applies to situations where an applicant states they are receiving less than specified in the court judgment or settlement agreement.
H. Earned Income Tax Credit
* See Section IV for additional guidelines on Imputing Income
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Earned income tax credits will not be used in calculating annual income.
I. Lump-Sum Payments Counted as Income
Generally lump-sum amounts received by a family are considered assets, not income (inheritances, insurance settlements, proceeds from the sale of property, etc.). Lump-sum payments made because of a delay in processing unemployment, child support or welfare benefits are counted as income.
However, a lump-sum payment for the delayed start of a periodic payment from SSI and Social Security is not counted as income.
J. Imputed Welfare Income/Welfare Benefit Reduction
The Imputed Welfare Income is the difference between the welfare payment the Family receives and the welfare payment the Family would have received had it not been reduced and is based on information presented by the welfare agency. The Imputed Welfare Income is to be included in the calculation of the Family Income along with the Family’s other income.
A reduction of welfare benefits by the welfare agency, in whole or in part for a family member, is determined by the welfare agency because of fraud by a family member in connection with the welfare program; or because of welfare agency sanction against a family member for noncompliance with the agency’s requirement to participate in an economic self-sufficiency program.
However, a welfare benefit reduction resulting in “Imputed Welfare Income” does not include a reduction or termination of welfare benefits:
1) At the expiration of a lifetime or other time limit on the payment of welfare benefits
2) Because a family member is not able to obtain employment, even though the family member has complied with welfare agency economic self-sufficiency or work activities requirements; or
3) Because a family member has not complied with other welfare agency requirements.
The Housing Authority will work with the welfare agency in order to receive written information regarding the amount and term of any welfare benefit reduction for a family member, and the reason for such reduction, as well as information which will also inform the Housing Authority of any subsequent changes in the term or amount of such specified welfare benefit reduction.
The Housing Authority will only include Imputed Welfare Income in annual income if the family was an assisted resident at the time the sanction began.
If the family is not satisfied that the Housing Authority has calculated the amount of Imputed Welfare Income correctly and if the Housing Authority denies the family’s request to modify such amount, the Housing Authority will give the resident written notice of such denial, with a brief explanation of the basis for the determination of the amount of Imputed Welfare Income. The notice shall also state that if the resident does not agree with the determination, the resident may file for a hearing in according with the Authority’s Informal Hearing Procedure.
- (1)
- The Housing Authority is responsible for determining the amount of Imputed Welfare Income that is included in the family’s annual income as a result of a welfare benefits reduction as determined by the welfare agency.
- (2)
- The Housing Authority is not responsible for determining whether a reduction of welfare benefits by the welfare agency is correctly determined by the welfare agency, nor for providing the opportunity for review or hearing on such welfare agency determinations.
- K.
- Income from a Business (Includes Self-Employed, Rental of Real Property, etc.)
Consider business expenses in computing the family's net income from a business. Generally, net income equals gross income less:
- Depreciation (computed on a straight-line basis),
- Interest payments on loans and
- Other business expenses, except expenses related to business expansion or capital improvements.
Count as income any withdrawals of cash or assets by the family from the business unless the withdrawal is for reimbursement of amounts the family invested in the business.
For those families wishing to operate a small business out of their residence, the following will apply:
1. Prior to beginning the business, the tenant must obtain:
- a.
- the proper business licenses and permits from the city in which the unit is located; and
- b.
- prior written approval from the landlord.
2. The tenant must provide the HA with quarterly statements of income until a pattern of income can be established. Accepted forms of verification include: Financial Statements or Tax records filed with the IRS.
K. Income of Foster Children
Income for care of foster children or foster adults is excluded and no dependent deduction is allowed.
L. Income of a Live-in Aide
Income received by a live-in aide is excluded and no deduction is allowed. While a relative is not prohibited from serving as a live-in aide (and thus, having their income excluded), they must prove that:
- They are essential to the care and well-being of the family member (for a person with disabilities or a person who is at least 50 years of age) and not obligated for their support; and
- They must be one who would not be living in the unit except to provide the necessary supportive services.
M. Student Financial Assistance
Student financial assistance paid directly to the student or to the educational institutions shall not be counted as income.
N. Resident Stipend
A resident stipend is an amount received by a resident for performing a service for the owner (HA) on a part-time basis that enhances the quality of life in the development. Such services may include, but are not limited to, laundry room
attendant, fire patrol, hall monitoring, lawn maintenance, and resident initiatives coordination. It should be emphasized that if an owner (HA) pays a resident more than $200.00 per month, then the entire amount received is counted as income. There is no limit as to the number of stipends a family may receive, however, each family member may only exclude one stipend at a time.
O. Payments awarded to Vietnam Veterans Affected by "Agent Orange"
Payments awarded to Vietnam Veterans affected by "Agent Orange" are to be treated as follows:
1. Lump-sum payments would not be counted as annual income, but would affect total assets.
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2. Periodic payments would be counted as annual income.
P. Zero Rent/Credit Rent
If at any time the family reports it has zero income, or whose rent is zero or a credit rent, Special Reviews must be clearly set for definite times and controls (i.e., monthly budgets) established to assure compliance. If a family is eligible for certain sources of income but claims they do not have any income, the family shall be required to document that they are not receiving income to which they are entitled.
Q. State or Local Employment Training
This exclusion exempts compensation received from qualifying employment training programs and training of resident management staff. To qualify, the compensation must be a component of a state or local employment training program with clearly defined goals and objectives. This exclusion only covers compensation received while the resident participates in the employment training program. Please note, only the compensation received incident to the training program is excluded (any additional income received during the training program, such as public assistance, will continue to be counted as income). The employer needs to be aware the client is in a job training program as verification will be required from the employer.
To qualify as a job training program, it must have all six (6) of the following components:
- Be a program providing employment training and supportive services;
- Be authorized by Federal, State, and local law;
- Be funded by Federal, State or local government;
- Be operated or administered by a public agency;
- Have as it’s objective to assist participants in acquiring employment skills; and
- Have clearly defined goals and objectives and is for a pre-determined, limited time period, and initially, not to exceed one year.
R. Exclusion of Income Received Under Training Programs Funded by HUD
Exclusion of income received under training programs funded by HUD includes amounts received such as stipends, wages, transportation payments, and childcare vouchers received pursuant to the training program. Income received as compensation for employment is excluded only if the employment is a component of a training program. The exclusion of income earned is allowed only during the job training program, or training oriented employment, but not during employment secured or maintained once all training has been completed. The employer needs to be aware the client is in a job training program as verification will be required from the employer.
II. Assets
A. Valuing Assets
Since the cash value of assets is used in this computation, consideration must be given to expenses involved in selling or converting assets to cash. Cash value is the market value of the asset minus reasonable costs that were or would be incurred in selling or converting the asset to cash, such as:
- Penalties for premature withdrawal of funds (for IRA, Keogh, time deposits, etc.);
- Broker and legal fees for selling or converting assets to cash; and
- Settlement costs for real estate transactions.
The cash values of the following are examples of assets that are to be considered in the calculation of income:
- Current amounts in savings accounts and the average balance of the last six months in checking accounts, where such average balance has exceeded $1,000 (including credit unions);
- Stocks, bonds, savings certificates, money market funds and other investment accounts;
- Equity in real property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and reasonable costs (such as broker fees) that would be incurred in selling the asset. Do not include equity in an owner-occupied cooperative or manufactured housing unit if the family intended to continue living in the cooperative unit or manufactured housing home after being admitted to the Section 8 program. For real estate, have tenant certify the estimated Fair Market Value (no appraisal needed) and subtract mortgage and established costs (i.e., attorney's fees, closing costs, etc.).
- The cash value of any trusts available to the family. Do not include the value of trusts that no family member of the family or household can control. The value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. However, any income distributed from the trust shall be counted when determining the family's annual income.
- IRA, Keogh, and similar retirement savings accounts. These are included because participation is voluntary and the family has access to them, even though withdrawal would result in a penalty.
- Company retirement/pension funds.
- a.
- While the family member is employed, include amounts the family can withdraw without retiring or terminating employment.
- b.
- At retirement or termination or employment, count as an asset any amount the member elects to receive as a lump-sum. If the benefits will be received through a periodic payment, include the benefit in annual income.
7. Assets disposed of for less than Fair Market Value.
- a.
- For any assets the family has disposed of for less than Fair Market Value during the two years prior to the effective date of the admission or reexamination being processed, count the difference between the market value and actual amount received.
- b.
- Assets disposed of as a result of foreclosure or bankruptcy are not considered assets disposed of for less than Fair Market Value.
- c.
- Small amounts, such as charitable contributions, under $1,000 will not be counted. If value of the disposed assets is over the $1,000, the entire amount will be counted.
- d.
- Assets disposed of as a result of a divorce or separation agreement are not considered disposed of for less than Fair Market Value if family has received consideration not measurable in dollar terms.
- e.
- Verification of assets disposed of for less than Fair Market Value will be verified by applicant certification. Only those certifications that warrant it will be verified.
- Business assets are not considered in determining the value of net family assets; however, if business assets have been disposed of for less than Fair Market Value in the past two year preceding the effective date of the reexamination or move-in, the difference between the amount realized and the Fair Market Value is included in the net family assets. In this regard, business assets are treated the same as any other family asset.
- Assets Owned Jointly
- Lump-Sum Receipts
- Includes inheritances, capital gains, one-time lottery winnings, settlements on insurance and other claims, etc.
- Personal Property Held as an Investment
- Includes gems, jewelry, coin collections, or antique cars held as an investment. If the family does not know the Fair Market Value, verification is required. An applicant's wedding ring and other personal jewelry are considered necessary personal property and not assets.
- Cash Value of Life Insurance Policies.
- "Loaning" of Family Assets
If more than one person owns assets and the Applicant/Tenant has unrestricted access to the asset, the full value of the asset is counted.
In situations where the family claims to have "loaned" assets to other private parties (relatives, friends, neighbors, etc.), the HA will continue to count the asset as under the family's control and continue to count the net cash value of the asset - letting the family deal with actually recovering the money at some time in the future.
If the family claims they gave the asset away, however, the HA would consider it an asset "disposed of for less than Fair Market Value" and calculate the income based on that procedure.
B. Items Not Counted as Assets
1. Necessary personal property (furniture, clothing, cars, etc.).
In distinguishing necessary personal property from assets, consider the following:
- a.
- Necessary personal property usually is not expected to increase in value, and
- b.
- Necessary personal property is usually used by the owner.
- Vehicles especially equipped for the disabled.
- Assets not accessible to the family and which provide no income for the family.
- Interest in Indian trust lands.
- Assets that are a part of an active business or farming operation.
- The equity in owner-occupied cooperatives and manufactured homes in which an assisted family lives.
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III. Adjusted Income - Allowances
Listed below are allowances for households not participating in the Easy Rent program. Those participating in the Easy Rent program will only be able to deduct medical expenses that are greater than $3,000.
2
A. Dependent Allowance
A dependent allowance of $480 per dependent is provided and covers any household member who is:
- Under 18,
- Disabled, or
- A full-time student. (The institution defines what subject load constitutes full-time and an educational institution includes a vocational school with a diploma or certificate program, as well as an institution offering a college degree.)
The Head of Household, Spouse, Foster Child or Live-In Aide are never counted as dependents.
B. Elderly Household Deduction
Families, in which the Head of Household or Spouse is at least 62, or disabled, are entitled to a $400 household deduction. Only one deduction per family is permitted even if both the head of household and spouse are elderly. A family may not designate a family member as head of household solely to become eligible for this deduction.
C. Childcare Allowance
Reasonable Childcare expenses for the care of children, including foster children, under age 13 are permitted when such care is needed to enable a family member to work or to further his/her education (academic or vocational). In order to qualify for the childcare allowance, the Family must demonstrate that:
- No adult household member capable of providing childcare during the hours needed is available;
- The amount submitted for deduction is reasonable in terms of costs, number of hours and type of care;
- The amount of childcare expense, which enables a family member to work, does not exceed the employment income earned because the care is available;
- When more than one family member works, assume that the childcare expense enables the lowest paid individual to work, unless this is obviously not the case;
- The amount is not paid to a family member living in the household;
- The amount is not paid or reimbursed by an agency or individual outside the household. The applicant's written certification is needed as to whether any of the childcare payments have been or will be reimbursed by outside sources. If only a portion of the childcare expense is reimbursed, the remainder would be considered for deduction.
- If the childcare provider also cares for other family members, the amount for the care of children under 13 must be prorated.
2 Approved under MTW 5/19/08
6/23/08
Child support payments for children who do not live in the unit are not considered childcare payments and, therefore, are not included in this allowance.
D. Disability Assistance Allowance
Families may deduct anticipated expenses for attendant care and auxiliary apparatus for a member with a disability (according to the HUD definitions) if such expenses:
- Are needed to enable a family member (including the member with a disability) to be employed,
- Exceed three percent of Annual Income, and
- The amount deducted does not exceed the employment income received by family members (including the person with a disability), 18 years or older who are able to work as a result of the assistance to the person with a disability.
Any family with a disabled family member may qualify for this allowance even if neither the Head of Household nor spouse is disabled.
Auxiliary apparatus includes items such as wheelchairs, ramps, adaptations to vehicles, special equipment to enable a blind person to read or type, etc. which directly relate to permitting the person with a disability or other family member to
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work. If the apparatus is a specially equipped van, the expense is to be based on the difference between it and the cost of a regular, moderately priced car.
Care attendant expenses may be paid to a relative only if it is determined that the relative is not a member of the family.
When a child care provider takes care of children under age 13 and a member with a disability 13 years or older, expenses must be prorated appropriately since the way in which child care and disabled expenses are computed differ.
A family whose head of household or spouse, if elderly or disabled, is also permitted to deduct medical expenses using a special calculation.
E. Medical Expenses
Allowances for medical expenses (expenses that exceed three percent of annual income) are permitted only for households in which the head of household or spouse is at least 62, or disabled. If the family is eligible for a medical expense deduction:
- Count medical expenses of all family members, and
- Include expenses that are not covered by outside sources, such as insurance, and that are anticipated to be incurred during the next 12 months following the family's examination/reexamination. Additionally, include the portion of expenses that were incurred during the 12 months prior to the annual review but were paid prior to the currently scheduled reexamination. Expenses such as the following would be allowed:
- a.
- Services of doctors and health care professionals.
- b.
- Services of health care facilitators.
- c.
- Medical insurance premiums.
- d.
- Prescription medicines.
- e.
- Transportation to and from treatment facilities.
- f.
- Dental expenses (including the costs of obtaining/repairing dentures).
- g.
- Eyeglasses, hearing aids, batteries.
- h.
- Live-in attendant or periodic medical assistance.
- i.
- Monthly payment(s) on accumulated medical bills.
- j.
- Costs associated with the use of a service animal trained to assist persons with physical disabilities. Grooming parlor expenses associated with luxury-type care, and costs incurred for boarding an animal when not in use are excluded.
If a family is eligible for a deduction for both medical expenses and disability assistance expenses, the 3 percent of annual income must first be deducted from the
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disability assistance expenses. Any remainder is then deducted from total medical expenses.
IV. Guidelines for imputing income from assets
These guidelines are to be used only if the total family assets are greater than $50,000. No income from assets is included in annual Income when the value of total family assets is less than $50,000.
3
STEP I. Determining Whether Imputing Income is Necessary
A. Multiply the total assets by 2.0% (.02).
B. Calculate the actual income received from all assets.
C. Compare the totals from A and B above and follow the applicable instructions below:
- *
- If A is less than B, STOP HERE, add the actual income from assets to calculate total family income, NO FURTHER CALCULATIONS ARE NEEDED.
- *
- If A is greater than B, CONTINUE TO STEP II. to determine if you must impute income from assets.
STEP II. Calculating Disposal Costs
Use the following guidelines to determine the disposal cost of each family asset:
Type of Asset Disposal Cost
- a.
- Real Estate 10% of the assessed value
- b.
- Mobile Homes 10% of the assessed value
- c.
- Time Deposits or CD's:
7-31 Days All of the interest earned, or 1/2 of the interest that could have been earned, whichever is greater
32-364 Days One month's interest
12-59 Months Three months' interest
60-120 Months Six months' interest
3 Approved under MTW 5/14/07
6/23/08
| d. | Stocks, Bonds, Annuities Brokerage rates vary, contact the Mutual Funds, etc. agent listed on the verification for a written estimate of disposal costs. |
| e. | Savings, Checking, Money Markets Generally, no disposal costs |
STEP III. Calculating a Net Asset Value
- a.
- Deduct any applicable disposal cost found in STEP II above from the value of the corresponding asset. This is the Net Value of the Asset. (If an asset has no disposal costs, its Net Asset Value is the Actual Value of the asset).
- b.
- Calculate the family's TOTAL NET ASSET VALUE
STEP IV. Calculating Imputed Income From Assets
a. Multiply the figure found in Step III. b. above (Total Net Assets) by 2.0% (.02). This is the IMPUTED INCOME FROM ALL ASSETS.
STEP V. Comparing Imputed and Actual Income From Assets
- a.
- Compare the Imputed income found in STEP IV above to the total actual income from assets (from STEP I. b.)
- b.
- The amount added to the family's annual income is the greater of the imputed income found in STEP IV or the actual income from assets.
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KING COUNTY HOUSING AUTHORITY Housing Voucher Program INCOME LIMITS Effective March 8, 2006
| Family Composition | 30% of Median | 50% of Median | 80% of Median |
|---|---|---|---|
| 1 Person | $16,350 | $27,250 | $41,700 |
| 2 People | $18,700 | $31,150 | $47,700 |
| 3 People | $21,050 | $35,050 | $53,650 |
| 4 People | $23,350 | $38,950 | $59,600 |
| 5 People | $25,250 | $42,050 | $64,350 |
| 6 People | $27,100 | $45,200 | $69,150 |
| 7 People | $29,000 | $48,300 | $73,900 |
| 8 People | $30,850 | $51,400 | $78,650 |
| 9 People | $32,700 | $54,550 | $83,450 |
| 10 People | $34,550 | $57,650 | $88,200 |
| 11 People | $36,450 | $60,750 | $93,000 |
HOUSING VOUCHER PAYMENT STANDARD Effective October 8, 2007
Area 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR 6 BR
King County $710 $800 $1000 $1440 $2030 $2220 $2510
Within the City Limits $950 $1060 $1330 $1800 $2370 $2530 $2860 of Bellevue, Kirkland, Redmond, Woodinville, parts of Juanita, Kingsgate, and Issaquah.
KCHA 822v Rev. 10/8/07
EXHIBIT E. ACCEPTABLE FORMS OF VERIFICATION
I. Income Verification
A. Employment Verification
All third party employment verification forms must provide the following information:
- Date of hire;
- Frequency of pay and effective date of the last pay increase;
- Probability and effective date of any increase during the next 12 months;
- Bonus, commission and tip amounts, if applicable; and
- Manager signature and telephone number. Forms of verification, in order of acceptability, include:
- Data obtained through Enterprise Income Verification (EIV)
- HA employment form (verification completed by the employer). If hand carried or faxed, the information must be followed up by oral confirmation.
- Oral (direct contact with reliable source) to be used only when written cannot be obtained and followed up with written verification.
- Check stubs or earning statements showing employee's gross pay per pay period and frequency of pay.
- W-2 forms if applicant has had the same job for at least two years and pay increases can be accurately projected.
- Notarized statements, affidavits or income tax returns signed by the applicant describing self-employment and amount of income or income from tips and other gratuities.
B. Social Security, Pensions, Supplementary Security Income (SSI), Disability Income.
- Data obtained through EIV
- Benefit verification form completed by agency providing the benefits (or computer print-provided through HUD’s computer matching program).
- For Social Security benefits due to age, apply the cost of living factor to the benefits reported on the previous determination of Total Tenant Payment. Reverify the income of all Social Security benefits under the age of 62 and recipients of Supplemental Security Income (SSI).
- Award or benefit notification letters prepared and signed by the authorizing agency.
- For Social Security or SSI payments, bank statements showing the amounts deposited directly into the applicant/tenant account may be used when award letters or benefit verification forms cannot be obtained. However, caution should be taken to ensure that the actual amount calculated as income includes the addition of amounts deducted for Medicare/ Medicaid which is not listed on the bank records.
- If Social Security or SSI cannot be verified as listed above, the applicant/tenant may be asked to present the next benefit check received to the Housing Authority for viewing. The office would then make a notation listing the amount of the check, payee, date, etc., for the file as verification of the income source. DO NOT photo copy any check issued by a federal agency.
- For Social Security and SSI only, if none of the above listed verification sources exist, the amount of income received may be verified by a signed certification from the applicant/tenant attesting to the amount. In such instances the applicant/tenant must be informed that a retroactive rent may apply if subsequent verification indicates the benefit amount was incorrectly reported.
C. Unemployment Compensation.
- Data obtained through EIV
- Computer printout from the unemployment office stating payment dates and amounts or monetary determination form.
D. Public Assistance Payments.
- HA Verification Form completed by Public Assistance Agency
- Welfare agency's written statements as to type and amount of assistance family is now receiving, and any changes in assistance expected during the next 12 months.
- Oral verification by HA personnel through use of the 1-800 DSHS hotline.
E. Alimony or Child Support Payments.
- Copy of a separation or settlement agreement or a divorce decree stating amount and type of support any payment schedules.
- If an applicant/tenant who is eligible for child support states they are not receiving it or they are receiving less than the total amount they are entitled to receive, third party verification is required to support this. The entire amount
- indicated in the court papers is to be used to calculate income unless documentation indicates otherwise.
- Acceptable documentation includes:
- a.
- a letter from the applicant's attorney stating they are not receiving the amount they are entitled to receive or
- b.
- a letter for Support Enforcement stating the above, or
- c.
- a copy of any revised court documents.
- F.
- Net Income From a Business.
The following documents show income for the prior years. Consult with tenants and use this data to estimate income for the next 12 months.
- IRS Tax Return, Form 1040, if any: Schedule C (Small Business)
- Schedule F (Farm Income) Schedule E (Rental Property Income)
- Audited or unaudited financial statement(s) of the business.
- Loan Application listing income derived from the business during the previous 12 months.
- Applicant's notarized statement or affidavit as to net income realized from the business during previous years.
G. Recurring Gifts
- Notarized statement or affidavit signed by the person providing the assistance. Must give the purpose, dates and value of gifts.
- Applicant's notarized statement or affidavit that provides the information in
G.1. above.
H. Student Financial Assistance For those families where Student financial assistance is to be included in income (See Exhibits A and B), the following verification guidelines should be used:
- Verify the amount of Financial Assistance – each type must be verified, via written documentation, by the administrator(s) of the assistance. Documentation must include, at a minimum the student’s name and the school year(s) and what the assistance is used for.
- Verify the amount of Tuition – must be verified by the institution of higher education via written statement.
- The difference between these two amounts should be counted as income.
II. Asset Verification
For combined asset values of less than $50,000, no verification is required and will not be included in the calculation of income1. Participants and applicants will be allowed to self-certify the asset amount up to $50,000. For combined asset values of $50,000 or greater, the following verification procedures apply:
A. Family Assets Now Held.
For non-liquid assets, collect enough information to determine the current cash value - the net amount the family would receive if the assets were converted to cash.
- Verification forms, letters or documents from a financial institution, broker, real estate agent, etc. indicating current value of the asset and penalties or reasonable costs to be incurred in order to convert non-liquid assets into cash.
- Passbooks, checking account statements, certificates of deposit, bonds or financial statements completed by a financial institution or broker. For checking and savings, use current balance in savings account and the last 6 months average monthly balance in checking account.
- Quotes from attorneys, bankers, stock brokers or realty agents as to net amount family would receive if they liquidated securities or real estate.
- Real estate tax statements if tax authority uses approximate market value.
- Copies of closing documents showing the selling price, the distribution of the sales proceeds and the net amount to the borrower.
- Appraisals of personal property held as an investment.
- Applicant's notarized statements or signed affidavits describing assets or to verify cash held at the applicant's home or in safe deposit boxes.
B. Assets Disposed of For Less Than Fair Market Value (FMV) During Two Years Preceding Effective Date of Certification or Recertification.
- For all certifications and recertifications, family's certification as to whether any member has disposed of assets for less than FMV during the two years preceding effective date of the certification or recertification.
- If the family certifies that they did dispose of assets for less than FMV -- a certification that shows:
1 Approved under MTW 5/14/07
- a.
- all assets disposed of for less than FMV,
- b.
- the date they disposed of the assets,
- c.
- the amount the family received, and
- d.
- the assets' market value at the time of disposition.
- C.
- Savings Account Interest Income and Dividends.
1. Account statements, passbooks, certificates of deposit, etc., if they show enough information and are signed by the financial institution.
a. Current interest amount can be obtained by contacting the source by phone and properly documenting the Verification Form.
- Broker's quarterly statements showing value of stocks or bonds and the earnings credited the applicant.
- If an IRS Form 1099 from the financial institution is acceptable, adjust the information to project earnings expected for the next 12 months.
D. Interest Income From Sale of Real Property Pursuant to a Purchase Money Mortgage, Installment Sales Contract, or Similar Arrangement.
- A letter from an accountant, attorney, real estate broker, the buyer, or a financial institution stating interest due for next 12 months. (A copy of the check paid by the buyer to the applicant is NOT sufficient since appropriate breakdowns of interest and principal are not included.)
- Amortization schedule showing interest for the 12 months following the effective date of the certification or recertification.
E. Rental Income From Property Owned by Applicant.
(Owners must adjust these amounts for changes expected during the next 12 months.)
- IRS Form 1040 with Schedule E (Rental Income).
- Copies of latest rent checks, leases, or utility bills.
- Documentation of applicant's income and expenses in renting the property (tax statement, insurance premiums, receipts for reasonable maintenance and
- utilities, bank statements or amortization schedules showing monthly interest expense.)
- Lessee's written statement identifying monthly payments due the applicant and applicant's affidavit as to net income realized.
III. Verification of Deduction/Allowances
A. Full-time student status
- Written verification from the registrar's office or appropriate school official.
- School records indicating enrollment for sufficient number of credits to be considered a full-time student by the school.
B. Childcare Expenses
1. Written verification from the person who receives the payments.
- a.
- If childcare is provided by a licensed business, verification on its letterhead stationery will be acceptable.
- b.
- If childcare is provided in a private home (i.e. friend, relative), written notarized verification will be required.
- c.
- If verification is unavailable, copies of tax returns may be used as well as actual bills and receipts.
2. Verifications must specify the hours and days during which the care is provided, the names of the children cared for and the frequency and amount of compensation received.
a. Costs must reflect "reasonable hours" and "reasonable costs for the jurisdictions"(as costs may often vary by seasons.)
3. If the total childcare expense is state-subsidized and is $50 or less per month, Section 8 applicants and participants will be allowed to self-certify such amounts in lieu of obtaining third party documentation.2
C. Medical Expenses.
1. Written verification by a doctor, hospital or clinic personnel, dentist, pharmacist, etc., including:
- a.
- The estimated medical costs to be incurred by the applicant and of regular payments due on medical bills
- b.
- Extent to which those expenses will be reimbursed by insurance or a government agency.
2 Approved under MTW 8/30/2004
- The insurance company's or employer's written confirmation of health insurance premiums to be paid by the applicant plus a copy of a receipt, canceled check or pay stub.
- Social Security Administration's written confirmation of Medicare premiums to be paid by the applicant over the next 12 months.
- For Attendant Care.
- a.
- Doctor's certification that the assistance of an attendant is medically necessary.
- b.
- Attendants written confirmation of hours of care provided and amount of frequency of payments received from the family (or copies of canceled checks the family used to make those payments).
- c.
- Applicant's certification as to whether any of those payments have been or will be reimbursed by outside sources.
- Receipts, canceled checks or pay stubs that indicate health insurance premium costs, etc., that verify medical and insurance expenses also likely to be incurred in the next 12 months.
- Copies of payment agreements with medical facilities or canceled checks that verify payments made on outstanding medical bills that will continue for all or part of the next 12 months.
- Receipts or other records of medical expenses incurred during the past 12 months that can be used to anticipate future medical expenses. Use this approach for "general medical expenses" such as non-prescription drugs and regular visits to doctors or dentists, but not for one-time, non-recurring expenses from the previous year.
D. Assistance to the Disabled
1. Live-in aide care: In all cases, written certification from a doctor or a rehabilitation agency that the person with a disability requires the services of a Live-in aide or the use of auxiliary apparatus to permit the person with a disability to be employed or to function sufficiently independently to enable another family member to be employed.
a. Live-in aide’s written certification as to amount received from the applicant/tenant, frequency of receipt, hours of care provided and/or copies of canceled checks applicant/tenant used to make those payments.
2. Auxiliary apparatus: In all cases, written certification from a doctor or a rehabilitation agency that the person with a disability requires the services of an attendant or the use of auxiliary apparatus to permit the person with a disability be employed or to function sufficiently independently to enable another family member to be employed.
- a.
- Receipts for purchases of, or evidence of monthly payments for, auxiliary apparatus.
- b.
- In cases where the person with a disability is employed, a statement from the employer that the auxiliary apparatus is necessary for employment.
- c.
- Family's written certification as to whether they receive reimbursement for any of the expenses in Paragraphs 1 and 2 above and the amount of any reimbursement received.
- IV.
- Other General Verification A. Family Type and Membership in Family. 1. For an elderly household age may be provided by:
- a.
- A copy of a birth certificate, baptismal certificate, census record, or
- b.
- Receipt of SSI Old Age benefits or Social Security retirement benefits.
- For Disabled Head or Spouse, an applicant or Participant/Tenant receiving Social Security benefits or Supplemental Security Income (SSI) disability benefits will be considered to be disabled under HUD's definition, (an applicant receiving veteran disability benefits, however, does not necessarily qualify as disabled under HUD's definition). A family who is not receiving either of the above benefits may still qualify by providing verification from a health or service professional.
- After admission, a family must continue to qualify as a disabled family at the time of their annual reexamination in order to get the benefit of the disabled deduction and in order to have medical expenses considered in determining the rent. However, a person with disabilities who "recovers" can remain in subsidized housing but is no longer considered disabled for deduction purposes.
- Self-certification of family membership will be accepted at the time of admission to the program, however, family members being added after admission must verify relationship by birth certificate, adoption papers and/or custody agreements.3
- Medical need for larger unit. Certification from a reliable medical source that such arrangements are medically necessary.
- V.
- Verification for Tenant Selection Preferences
3 Approved under MTW 5/1/2004
A. Involuntary Displacement Preference.
Applicants will be considered involuntarily displaced if they (a) have already vacated a unit and are not living in standard permanent replaced housing, or (b) within no more than six months from the date of certification, the family will be forced to vacate their unit for any of the reasons described in Section 5.
Required verification for an Involuntary Displacement Preference includes:
- Written certification from a unit of government concerning displacement due to a disaster;
- Written certification from a unit of government concerning displacement due to code enforcement or public improvement/development;
- Certification from an owner concerning displacement due to Owner action
- a.
- An applicant will not be considered displaced unless there was a prior rental agreement between the owner and the applicant. Verification must include a rental agreement and canceled checks or money orders showing rental payment for not less than 90 days.
- b.
- The individual serving the notice of displacement must legally own the property in which the applicant resides. (Renters can't displace.)
- Certification from local police, social service agency, court of law, physician or public/private shelter/counseling facility concerning displacement due to domestic violence (verification must indicate that instances of violence are of a recent or a continuing nature). An applicant who qualifies for a Federal Preference based on domestic violence must certify that the abuser will not reside with the applicant without prior HA approval.
- For displacement due to reprisals, certification from a law enforcement agency indicating that family members provided information on a criminal activity and that the agency recommends relocating the family to avoid or minimize the risk of violence due to retaliation.
- For displacement due to hate crimes of a recent or continuing nature, certification from a law enforcement agency stating that the family member has been a victim of a hate crime and has vacated the housing unit because of such a crime.
- For displacement due to inaccessibility, certification by a health care professional that a family member has a mobility or other impairment that
- makes the current unit inaccessible and a statement by the owner that they are not legally obligated to make the necessary changes to the unit.
- For displacement due to HUD disposition of a multifamily project, certification by HUD of the disposition.
B. Substandard Housing Preference.
Applicants will be considered to be living in substandard housing if they (a) qualify as a homeless family (as defined in Section 2) or (b) is living in a unit that is considered dilapidated, does not have operable indoor plumbing, a flush toilet, a usable bathtub or shower, adequate electrical service, a kitchen, adequate heat source, or has been declared unfit for habitation.
Required verification for this preference includes:
- Written certification from a unit of government that the unit's condition meets the federal definition of substandard;
- Written certification from an applicant's current landlord that the unit's condition meets the federal definition of substandard;
- For "homeless families," written certification of their status from a public/private facility providing shelter to the family, from local police or a social service agency. (This includes applicants receiving HOPWA funding.)
- For the Family Unification Program only, written documentation from the current landlord or child welfare agency certifying the family is, or will be, living in an overcrowded situation once the family is reunited. Verification must include:
- a.
- Number of people living in the unit, or could be living in the unit after unification;
- b.
- The number of bedrooms in the unit; and
- c.
- Whether there are any rooms that could qualify as a living/sleeping room.
- C.
- Paying more than 50 percent of Income Preference
Applicants will be considered to be a rent burden if they are (a) paying more than 50% of their income for rent and utilities and (b) have been paying this amount for more than 90 days. Applicants will not qualify for this preference if the reason they are paying more than 50% of their income is because their housing assistance under the Section 8, Public housing, Rent supplement, or Section 236 program was terminated for refusal to comply with applicable program policies and procedures.
Required verification for this preference includes:
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- Third party verification of all income sources, as required by the HA;
- For rent, an applicant is required to produce a copy of either a lease (rental agreement) or rent receipts showing the applicant has been paying over 50 % of their income for rent for the previous 90 day period. If the submitted documentation is not satisfactory, however, further information will be requested.
- For utility allowances, an applicant can choose to either:
- a.
- Use the HA's Section 8 Utility Allowance (if the applicant provides documentation showing the bedroom size of their current unity); or
- b.
- Provide information (copies of bills, receipts, etc.) of all utility payments made for the prior 12 month period, or if information is not obtainable, for the entire period of an appropriate recent period (such period shall be no less than six consecutive months).
- D.
- An applicant whose verified income is at or below 75% of that of an extremely low income household (i.e., 75% or 30% of AMI) will be allowed to self-certify preference information.4 (This certification waiver does not apply to those applicants currently living in public housing or receiving rental assistance)
VI. Social Security Disclosure and Documentation
A. Disclosure Requirements
All tenants and applicants to the HA's Public Housing Program must submit complete and accurate Social Security Numbers assigned to the applicant/tenant and to each family member who is eighteen (18) years of age or older.5
B. Acceptable Forms of Documentation
Documentation accepted to verify the Social Security Number of an individual will include the following:
- A valid Social Security card (or other printout) issued by the Social Security Administration of the Department of Health and Human Services;
- A state driver's license that displays the Social Security Number;
- A signed certification from the Department of Social and Health Services (DSHS) listing the Social Security Number on record for the individual.
4 Approved under MTW 4/5/2004 5 Approved under MTW 6/30/03
4/16/07
Note: Photocopies or plastic replicas of an individual's Social Security card cannot be accepted.
C. Inability to provide Social Security Number Documentation
If a family member can disclose their Social Security Number, but documentation to verify the number is unavailable at the time, the following shall apply:
- The individual must submit to the HA a signed certification executed by the individual, which states that the Social Security Number submitted has been assigned to the individual by that acceptable documentation to verify the Social Security Number cannot be provided at this time.
- Within sixty (60) days from the date of the signed certification, the individual must submit to the HA the required documentation verifying the individual's Social Security Number.
If necessary, the initial sixty (60) day submission period may be extended for individuals who are age 62 and over and are unable to produce the required verification within the stated time period. In no instance may the initial period be extended for more than sixty (60) days.
Note: During this sixty (60) day period the applicant family will retain its place on the waiting list; however, the applicant may not be housed until all verification is received.
3. Any applicant or tenant who, within, sixty (60) calendar days from the date of certification, fails to produce the required verification of Social Security Numbers, will be considered ineligible for housing assistance. Such a determination will result in the cancellation of the family's application or termination from the Housing Program in which the family participates.
D. Unassigned Social Security Numbers
An individual who has never been assigned a Social Security Number is required to sign a certification to that effect.
1. If, subsequent to the completion of the certification, the individual receives a Social Security Number, the number must be reported to the HA at the next interim or regularly scheduled reexamination.
E. Subsequent Disclosure Requirements
Applicants and Tenants are not required to submit Social Security Number verification for family members who have not yet attained eighteen (18) years of age. Verification will be required for individuals turning eighteen (18) at the next
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regularly scheduled annual review following the family member’s eighteenth (18th) birthday.
If an applicant or tenant wishes to add a new family member (age eighteen (18) or older) to the household, Social Security documentation for that individual is required before the addition may be approved.6
VII. Verification of Restrictions on Assistance to Noncitizens
A. Each family member, regardless of age, must submit the following evidence to the Housing Authority:
- For citizens, the evidence consists of a signed declaration of U.S. Citizenship;
- For noncitizens who are 62 years of age or older, the evidence consists of a signed declaration of eligible immigration status and a proof of age document;
- For all other noncitizens, the evidence consists of a signed declaration of immigration status, the eligible INS documents (see section F of this Exhibit), and a signed verification consent form.
- Family members who choose not to contend they are a U.S. Citizen or have eligible immigration status, are not required to sign the declaration, however, the family must identify to the Housing Authority which member(s) have elected not to contend.
B. The declaration is a form signed under penalty of perjury whereby each family member declares whether they are a U.S. citizen or have eligible immigration status. The verification consent form allows the Housing Authority to verify declared immigration status with the INS. Each adult must sign both the declaration and consent forms. For each child, the declaration and consent forms must be signed by an adult residing in the assisted dwelling unit who is responsible for the child.
C. The Housing Authority shall require evidence of eligible status be submitted at the following times:
- For applicants, the evidence must be submitted at the time of original application.
- For new occupants of assisted units, the evidence shall be submitted at the first interim or regular reexamination following the person’s occupancy.
D. Extensions
6 Approved under MTW 6/30/03
5/8/06
1. The Housing Authority must extend the time for applicants and residents to submit the required evidence if the family member:
- a.
- Submits the declaration certifying eligible immigration status; and
- b.
- Certifies that the evidence needed to support the claim is temporarily unavailable, additional time is needed to obtain the evidence, and prompt and diligent efforts will be made to obtain the evidence.
2. The Housing Authority’s decision to deny or grant an extension must be issued to the family by written notice. If the extension is granted, the notice will state the period of extension, not to exceed a maximum limit of 30 days. If the extension is denied, the notice shall explain the reasons for the denial.
E. For each family member, the family is required to submit evidence of immigration or citizenship status only once during continuously assisted occupancy under any covered program.
F. Acceptable evidence of eligible immigration status are as follows:
- Form I-551 Alien Registration Card
- Form I-94 Arrival Departure Record annotated with one of the following:
- Admitted as Refugee Pursuant to Section 207
- Section 208 or Asylum
- Section 243(h) or Deportation stayed by Attorney General
- Paroled Pursuant to Section 212(d)(5) of the INA
- Form I-94 Arrival Departure Record not annotated, must be accompanied by one of the following:
- A final court decision granting asylum
- A letter from the INS asylum officer, or from the INS district director granting asylum
- A court decision granting withholding or deportation
- A letter from an INS asylum officer granting withholding of deportation
- Form I-688 Temporary Resident Card annotated with Section 245A or Section 210
- Form I-688B Employment Authorization Card annotated with Provision of Law 274a.12(11) or Provision of Law 274a.12
- A receipt from the INS indicating the application for issuance of a replacement document for one of the above.
G. When the eligible evidence is submitted, the Housing Authority must verify the family’s eligibility status in the following manner:
1. Primary Verification: The Housing Authority must contact the INS automated verification system (SAVE) to reverify the documents. The SAVE system provides access to names, file numbers, and admission numbers of noncitizens. Should the SAVE system confirm eligibility,
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the family will be eligible for assistance. Should the SAVE system not confirm eligible immigration status of the family, the Housing Authority must institute Secondary Verification.
2. Secondary Verification: This is a manual search of the INS records requested by the Housing Authority in writing within 10 days of receiving the results from the SAVE system. The manual search is initiated by forwarding copies of the original INS documents provided by the family, attached to the INS document G-845S, to the designated INS office for review.
H. If a family fails to submit the required evidence within the time period specified, or if the evidence is submitted, but fails to establish eligible immigration status as described in paragraph G.2. of this section, the Housing Authority shall determine the family or family members ineligible and notify them of their options under the program.
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EXHIBIT F. DISPOSITION of RECORDS POLICY
I. Tenant/Participant Files
A. Vacate Files
Dispose three (3) years after tenant/participant vacates in cases where no balance is owing the Housing Authority or where the balance owing the Housing Authority is $500 or less.
B. Current Files
- Original Application for Admission and Supporting Data and Lease
- Do not dispose.
- General Correspondence with Tenants/Participants and Local Records Which May be Important Basis for Future Action
- Do not dispose.
- Leases and Riders Other Than Original
- For existing tenants/participants, dispose of three (3) years after being superseded by most recent version.
- Applications for Continued Occupancy and Supporting Data
- For existing tenants/participants, dispose of three (3) years after being superseded by most recent information.
- Verification documents obtained through Enterprise Income Verification (EIV)
Must be shredded. Dispose of after three (3) years.
- II.
- Application Files
- A.
- Withdrawn/Ineligible/Canceled Applications
Dispose of three (3) years from date the application was classified withdrawn, ineligible or canceled - unless applicant or family member filed an INS appeal of their approved citizenship in conjunction with the application for housing assistance. In such cases, retain the documentation relating to the appeal for a period of three (3) years from
the date the determination of the appeal.
III. Maintenance Work Orders, Service Requests, and Related Papers Involved in Repair and Maintenance Work (Public Housing and Section 8 Project-Based)
Dispose Maintenance copies three (3) years after date of last audit.
IV. Correspondence
Do not dispose of correspondence relating to matters of policy and procedure or
memos from the Central Office relating to matters of policy or procedure.
Dispose after three (3) years, correspondence relating to routine management and
maintenance matters.
V. HACK/HUD Management Reports
Dispose Area Office copies three (3) years after date of report.
VI. APPLICATION RECORDS/PARTICIPANT RECORDS
The Authority will maintain the following records of applicants and participants for a minimum of three (3) years:
- Records that provide income, racial, ethnic, gender, and disability status data;
- An application from each ineligible family and notice that the applicant is not eligible and any response submitted by the family;
- Notices of denials of claimed preferences and any response by the family;
- Documents submitted to the family or by the family regarding immigration status or as part of the INS appeal of or the PHA informal hearing process. Specifically:
- a.
- Photocopies of any original documents (front and back), including original INS documents;
- b.
- The signed verification consent form;
- c.
- The INS verification results;
- d.
- The request for an INS appeal;
- e.
- The final INS determination;
- f.
- The request for an informal hearing;
- g.
- The final informal hearing decision; (812.9 (h))
- Copies of each executed lease and contract;
- Unit Inspection reports;
- Lead-based paint inspection reports;
- Other records specified by HUD.(982.158(e))
Section 8 Administrative Plan
EXHIBIT G. ACCOMMODATION OF PERSONS WITH DISABILITIES
A. Regulatory Background
King County Housing Authority (KCHA) complies with Title VI of the Civil Rights Act of 1964 and the Fair Housing Amendments Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1968), Executive Order 11063, Section 504 of the Rehabilitation Act of 1973, Titles II and III of the Americans with Disabilities Act, the Washington Law Against Discrimination, R.C.W.
49.60 et seq., and King County Code 12.20 et seq. KHCA will comply with any legislation, implementing rules and regulations, protecting the rights of applicants, residents or staff that may subsequently be enacted.
Although the above-cited anti-discrimination laws vary from each other in their wording, their prohibitions against discrimination are similar and well summarized by the following excerpts:
The Fair Housing Act regulations state: “It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.”
Section 504 of the Rehabilitation Act of 1973 provides that “no otherwise qualified individual with handicaps in the United States… shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
Anti-discrimination laws require the Housing Authority to make reasonable accommodation in the rules, policies, practices or services in order to give a person with disability an equal opportunity to apply for housing and use and enjoy a dwelling unit or common space – unless doing so:
- Would result in a fundamental alteration in the nature of the housing program; or,
- Poses an undue financial or administrative burden.
- General Policy
Under the Section 8 Housing Voucher programs, a handicapped person shall be provided with reasonable accommodation to the extent necessary to provide such a person with an opportunity to participate in the program in a manner equal to a non-handicapped person. This policy is not intended to provide greater program benefits to persons with disabilities than to non-disabled participants or applicants. It may mean, however, that persons with
Section 8 Administrative Plan
disabilities will sometimes be treated differently in order to ensure equal access to the program.
An applicant or a participant may at any time request reasonable accommodation of a handicap of a household member. For purposes of reasonable accommodation, a handicapped person is defined as any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment. The term does not include any individual who is an alcohol or drug abuser whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question, or whose participation, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.
Any qualifying applicant or participant will be given information on the definition of a reasonable accommodation and the proper process to use to make a reasonable accommodation request. If the applicant or participant can show that they have a qualifying disability and if their request is reasonable, the HA will try to accommodate the request. All such requests shall be made using a copy of the HA Reasonable Accommodation Request Form (KCHA 825). Upon request, assistance shall be provided in completing the Reasonable Accommodation Request form or in making the request in an alternative manner when necessary.
All written requests shall be returned to the Section 8 office with written documentation supporting the request. Each applicant shall receive a written answer within 30 days unless there is a problem verifying the information. Any applicant or participant who has their request for reasonable accommodation denied shall have the right to appeal the denial utilizing the Section 8 Informal Review procedures.
C. Restrictions on Questions Asked of People With Disabilities
The HA may ask all applicants questions that relate to their ability to meet the requirements of the lease. However, the HA cannot ask certain questions only of people with disability or people it believes may have a disability. As an example, the HA can only ask applicants if they currently use illegal drugs if it asks all applicants the same question. The question cannot be asked only to people with disabilities or to individuals the HA thinks has a disability.
The general rule is that the HA cannot ask a person if they have a disability, about the nature or severity of a disability, or any question that would require the person to waive or disclose a medical condition or medical history. Nor can the HA ask whether any member of the applicant’s family or any friend or associate has a disability. For example, the HA cannot ask any of the following questions:
Section 8 Administrative Plan
“Have you ever been treated by a psychiatrist?”
“Have you ever been hospitalized for a psychiatric disability?”
“Can you live independently?”
However, there are exceptions to this general rule:
- If during the screening process negative information is revealed about a person’s past tenancies, the HA can ask the person to explain the negative information. The explanation may then require the person to reveal information about the existence, nature, or severity of their disability. The applicant may still decide not to say anything about their disability. That is the person’s right. The HA, however, has the right to reject a person for unexplained negative information.
- If an applicant or tenant requests the HA provide reasonable modifications or accommodations, the HA may ask the person to verify that they have a disability and the need for the requested accommodation.
- If an applicant is applying for a housing program designated for persons with disabilities, the HA may ask the person to document that they have a qualifying disability. Unless the person is applying for a housing program designated for individuals with a particular type of disability, the HA cannot inquire about the nature of a person’s disability as long as the Housing Authority has sufficient information to determine eligibility according to the program’s guidelines (a person is not obligated to reveal that they have a disability; however, a person who chooses not to reveal their disability would not be able to establish their eligibility.)
- Verification of Disability
An applicant may not be required to give the housing provider their medical records as proof that they have a disability or a particular disability. A letter from the person’s doctor or other qualified professional stating that they have disability that satisfies the eligibility requirement is sufficient documentation (KCHA standard form #411). It is not required that this form be completed by a physician. Other professionals, such as rehabilitation centers, service agencies, social workers or similar professionals, may be able to provide such verification.
E. Confidentiality of Disability Information
All information that is obtained in a confidential manner, such as medical information, must be kept confidential. The HA can only reveal this information to others with the applicant or tenant’s permission.
F. Verification of Need For Reasonable Accommodation
If a reasonable accommodation is requested, the HA may require the applicant/tenant to provide reliable documentation (not medical records) that they have a disability and documentation of the need for the particular accommodation. The HA will not ask any questions about the nature or severity of the disability except as specifically related to the
Section 8 Administrative Plan
requested accommodation. The type of verification the applicant/tenant will need to provide depends on the specifics of the situation.
G. Process for Determining When an Accommodation is Needed and Reasonable.
1. Review Steps
- a.
- Determine if the Section 8 family qualifies as disabled through third party documentation. For this purpose the definition of disabled is different than the definition used for admission. The Fair Housing definition used for this purpose is: ♦ A person with a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment (i.e, heart condition).
- b.
- Determine if the accommodation requested is related to the disability. If it is apparent that the request is related to the disability, the family then qualifies for an accommodation. If it is not apparent, the family must provide documentation that the requested accommodation is needed due to the disability. The HA will not inquire as to the nature of the disability except as specifically related to the requested accommodation.
- c.
- Determine if the requested accommodation is reasonable. In order to be determined reasonable, the accommodation must meet two criteria:
- The accommodation must constitute a fundamental alteration. The HA’s business is housing. Generally, if the request would alter the fundamental business that the HA conducts, that would not be reasonable.
- The requested accommodation must not create an undue financial hardship or administrative burden. Frequently the requested accommodation costs little or nothing. If the cost would be an undue burden, the HA may request a meeting with the individual to investigate and consider equally effective alternatives.
- H.
- Guidelines
Generally the individual knows best what they need, however, the HA retains the right to be shown how the requested accommodation enables the individual to access the use of the HA’s programs or services.
- a.
- If more than one accommodation is equally effective in providing access to the HA’s programs and services, the HA retains the right to select the most efficient and economic choice.
- b.
- If the participant requests that he or she be permitted to make physical modifications to their dwelling unit, at their own expense, the request should be made to the property owner/manager. The HA does not have responsibility for the owner’s unit and does not have responsibility to make the unit accessible.
Section 8 Administrative Plan
- c.
- Any request for an accommodation that would enable a participant to materially violate family obligations will not be approved.
- I.
- Disagreement With Type of Accommodation
If the applicant/tenants subsequently requests a different accommodation because they believe that a wrong accommodation was made, or that the accommodation that was made wasn’t sufficient, the HA will decide whether to provide a different accommodation on the same basis using the same process/verification as was made on the initial accommodation.
The law does not set a limit on the number of accommodations the HA must provide. All requests for accommodation must be considered and provided if it does not fundamentally alter the nature of the housing program or result in an undue financial administrative burden. The HA will, however, require additional documentation that the person needs the requested accommodation and that it is likely to be effective.
If there is a significantly less burdensome accommodation available, the HA may offer it instead of the requested accommodation as long as the proposal effectively addresses the problem. It is the HA’s burden, however, to establish that the alternative accommodation it proposes is effective in fully removing the barrier to the person’s equal participation, full use and enjoyment of the dwelling unit and common areas.
J. Review and/or Discontinuance of Reasonable Accommodation
KCHA will not unilaterally change or discontinue a particular method of providing a reasonable accommodation, without giving notice. A family may be required to reverify their need for a reasonable accommodation at the time of their annual review if there has been a change in family composition or any other change that would affect the need for the accommodation. Reverification of the need for a HUD approved increase in the Payment Standard at the time of the families annual review will be required in all cases. Notice of change or discontinuation of a reasonable accommodation will be given to the resident with disabilities, including the resident’s right to appeal the decision to change or discontinue the accommodation.
K. Specific Reasonable Accommodations
Listed below is a non-exclusive list of requests where the HA has determined there may be reason to grant an accommodation to make the program accessible to and usable by a family member with a disability provided proper documentation is received. Reasonable accommodation may be granted in cases where:
a. The applicant family fails to respond to the check-in letter because of the family members disability and their application is canceled from the waiting list. If the family can show how the disability prevented them from checking in, the application will be reinstated in its former position on the waiting list.
Section 8 Administrative Plan
- b.
- The family requests an additional bedroom to accommodate a member of the family or a person associated with that household who has a physical or mental disability
- c.
- The family requests the term of their voucher be extended. If a person with a disability is unable to locate a unit within the maximum 120 day time limit and requests a reasonable accommodation to extend the term of the voucher prior to the expiration date, the HA will review such request and, at its sole discretion, will make a decision on whether further extension is warranted.
- d.
- The family requests to rent a unit owned by the parent, child, grandparent, grandchild, sister, or brother of any member of their family. The request must state why the unit is the only unit that will meet the needs of the disabled family member. Normally, a Section 8 family cannot rent a unit owned by one of the above.
- e.
- The family requests an exception to the Payment Standard. For families attempting to remain in place at the time of annual review or a rent increase, required documentation will consist of a request by the family stating their desire to remain in the unit. For families moving from one unit to another with Section 8 assistance or for those housing up for the first time on the program, the request must come from a health care provider and clearly state why the proposed unit is necessary. This accommodation will not be granted if a relative owns the unit. 1
- f.
- The family requests a utility allowance which is higher than the applicable amount on the UA schedule, provided documentation is presented to show why an increase is needed. This increased amount will be determined by taking the families most recent three month average of actual utility bill amounts rather than the HA utility allowance. In no case will the UA be less than that on the approved HA schedules.
- g.
- The family requests a live-in aide reside in their unit to provide necessary support services. However, the HA may refuse to approve a particular person as a live-in aide, or withdraw such approval if:
- The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program;
- The person commits drug-related criminal activity or violent criminal activity; or
- The person currently owes rent or other amounts to the HA or another HA in connection with the Section 8 or public housing program.
- The family requests to move to the jurisdiction of another HA prior to being eligible to move. Generally, a family attempting to portable from one HA to
1 Approved under MTW 3/7/2007
Section 8 Administrative Plan
another must have lived in the initial HA jurisdiction at the time of application or been living in the initial HA jurisdiction for at least 12 months under Section 8 contract before being allowed to transfer. While the above may be granted by the HA, it is subject to review by the receiving HA prior to the transfer being approved and does not apply to families participating on the Family Self-Sufficiency Program.
h. The family requests to terminate their lease prior to the end of the initial term and the owner agrees. Generally, a family and owner shall not be allowed to mutually terminate the lease during the first year of the lease and the family shall be restricted to no more than one move during any one year period.
EXHIBIT H. CONFIDENTIALITY OF TENANT RECORDS
A. General Policy
It shall be the policy of the HA to comply with the Federal Privacy Act of 1974, particularly as it relates to the protection of both Applicant and Tenant records. Implementation of this policy shall be in accordance with the rules set forth in 24 CFR Part 16 and 42 CFR Part 2. All HA employees, commissioners, officers, and consultants shall be bound by the requirement that all Tenant/Applicant information shall be kept strictly confidential. Any requests for information which are not clearly defined below are to be referred to the Housing Authority’s Central Office for review and approval.
B. Data Collection and Disclosure
All Applicant or Tenant records in a HA sponsored program must be stored in a confidential manner and will be made available to HA employees, (or authorized persons) upon a “need to know” basis. The following lists specific examples of when information may be released:
- Tenant/Applicant records may be disclosed pursuant to a written request signed by all individuals to whom the records pertain.
- Tenant/Applicant records may be disclosed to employees within the Housing Authority who need the records to perform their duties.
- Tenant/Applicant records may be disclosed to other public housing authorities to whom the tenant applies for tenancy.
- Tenant/Applicant records may be disclosed to the United States Department of Housing and Urban Development.
- Tenant/Applicant records may be disclosed to other federal and state agencies with a right to know.
- Tenant/Applicant records may be disclosed pursuant to a lawfully issued subpoena or court order or as otherwise required by law.
- Tenant/Applicant records may be disclosed to another agency or governmental entity for a civil or criminal law enforcement purpose if the agency or governmental entity has made a written request specifying the information desired and the law enforcement activity involved.
The HA requires that records be kept of any disclosure that it does make. The record must show (at a minimum) the date, nature and purposed of each disclosure, as well as the name and address of the person or agency to whom the disclosure was made.
C. Special Privacy and Confidentiality Rules Relating to Criminal Records
In determining eligibility/suitability for housing assistance, the HA will require that all adult family members declare any previous criminal history and to sign a consent form authorizing the release of criminal records to the HA.
D. HA Guidelines on Release of Information
1. Information Requested Regarding Current HA Participants/Applicants
- a.
- Requests must be specific as to the information sought and must be in writing. Documentation must include: date, nature and purpose of such disclosure, and the name and address of the person or agency to whom the disclosure is made.
- b.
- Any requests for information made by journalists must be referred to the Central Office unless otherwise directed.
- c.
- For statistical research, information may be given by the Area Office as long as the information/data is transferred in a form that does not identify individuals.
2. Information Requested Regarding Former HA Participants/Applicants
- a.
- Requests must be specific as to the information sought and must be in writing.
- b.
- Released information must be provided in short, specific terms that can be easily supported by proper file documentation. Narrative comments, especially opinions, are to be avoided.
- c.
- Regarding rental delinquencies, the number of “valid” delinquencies may be given, however, it is the Manager’s responsibility to ensure that proper consideration is given to those delinquencies where an agreement had been reached or where there were mitigating circumstances.
- d.
- Regarding inquires about complaints lodged against the family, negative information about the family is not to be given out unless it has previously been thoroughly evaluated by the management staff and efforts had been made to assist the family in correcting the problem area(s).
- e.
- Always keep in mind that anything negative put down in writing goes out with the Managers signature, making the Manager liable for any
inaccuracies or charges that cannot be supported. If in doubt, always give a positive response.
EQUAL OPPORTUNITY HOUSING PLAN
OBJECTIVE I - Outreach to Very Low-Income Families
Actions to be taken:
- Media to be used (name and type): See attached Exhibit: Objective II.1.
- Group or groups less likely to apply:
- Minority families (Hispanic) Persons with a disability
- Special outreach to groups identified above:
If initial outreach efforts do not reach those families least likely to apply, the HA will make a concentrated effort to reach such families. This would include suspension of outreach efforts to groups which have applied in large numbers while intensifying outreach contact to minority agencies, minority media, employers, labor unions and agencies who assist the disabled.
Community contact will be made to agencies which serve minority and disabled groups such as (the specific group is specified in parenthesis after the name): NAACP (Black), United Indians of all tribes (American Indian), Asian Counseling and Referral Services (Asian), Central Area Motivation Program (Black), Chinese Information Center (Asian), El Centro de la Raza (Hispanic), Easter Seals Society (Disabled).
Attached as Exhibit: Objective I.2 is a sample of the letter which will be sent when the taking of applications are announced and will be followed up as needed to attract minority families.
King County Housing Authority 501 SW 110th PL Seattle, WA 98146
For more information call: FOR IMMEDIATE RELEASE 206/244-9552 or 1-800-244-0185 (if long distance) TDD 244-5871
Beginning July 14, 1995 and continuing through August 13, 1995, the King County Housing Authority will be distributing pre-application packets for the Section 8 program. In order to be placed on the waiting lists, applicants must earn less than 50% of the area median income for their family size and qualify for one of three Federal Preferences (displaces, living in substandard housing, or paying more than 50% of their income towards rent and utilities).
Pre-application packets may be picked up at any of the six King County Housing Authority area offices listed below between the hours of 9:00 AM and 4:00 PM, Monday through Friday.
Once the application has been completed and submitted to the Housing Authority, and order of priority will be determined by tenant need as stated in the Housing Authority's Tenant Selection Plan available at any area office.
| NORTHEND | EASTSIDE | SOUTHWEST |
| Ballinger Homes | Eastside Office | Park Lake Homes |
| 2200 NE 201 PL | 1129 8th Street | 9800 8th Ave SW |
| Seattle, WA 98155 | Kirkland, WA 98033 | Seattle, WA 98106 |
| 206/364-7600 | 206/827-4463 | 206/762-3500 |
| SOUTHEAST | SOUTHEND | SECTION 8 OFFICE |
| Springwood Apts | Green River Homes | Section 8 Office |
| 27360 129th PL SE | 1103 9th St SE | 501 SW 110th PL |
| Kent, WA 98031 | Auburn, WA 98002 | Seattle, WA 98146 |
| 206/631-3520 | 206/833-4100 | 206/244-9552 |
The King County Housing Authority is an Equal Opportunity/Fair Housing Agency. Exhibit: Objective I.2 Sample Press Release
Objective II - Promoting Greater Housing Opportunities for Families Outside Areas of Very Low-Income and Minority Concentrations
Actions to be taken:
- Media to be used (name and type): See attached Exhibit: Objective II.1.
- Actions to encourage participation by owners of units outside low-income and minority areas:
- Owners will be contacted through speaking engagements and/or distribution of written information to service organizations (the Kiwanis Club, Lions Club, Rotary Club), the Chamber of Commerce, League of Women Voters, the Urban League, Apartment Housing Owners' Association, real estate brokers, labor unions, major employers, property managers and owners who control a substantial number of units. Press releases will also be utilized to inform potential owners of the program.
- Actions to explain program requirements including equal opportunity to owners: See Objective II.2 above.
- Information on general location and characteristics of neighborhoods and on listings, to be provided as follows:
- General characteristics of the area neighborhoods will be discussed in the briefing sessions at the time the list of properties of interested owners is discussed.
- Information on local, State and Federal Fair Housing laws and use of Form HUD903 to be provided as follows:
- All housing employees have been given copies of fair housing information, including R.C.W. 49.60, Law Against Discrimination; Title VI Civil Rights Act of 1964; the Federal Fair Housing Act, as amended; Executive order 11063 - Equal Opportunity in Housing; King County Ordinance 5280, as amended - Unfair Housing; and Section 504 of the Rehabilitation Act of 1973. The Housing Discrimination Complaint Form (HUD 903) is included in the Certificate Holders Packet and in HUD Booklet 1260-FHEO(1), "Fair Housing - It's Your Right." For any family which feels it has experienced discrimination in the search for suitable housing, the Authority will assist the Family in reporting such discrimination on the HUD 903 form.
- Actions to be taken to assist families during housing search, when requested:
- Guide the Family to owners known to be interested in Section 8 Voucher Program.
-Guide the Family to real estate offices.
- Actions taken to promote broadest geographical choice in selection of units, if any:
- Vouchers issued are valid throughout the entire country. The rules governing portability will be fully explained to its applicants and participants both at briefings and at any time upon request.
- Geographical areas in which HA's Vouchers may be used: King County unless the portability features are utilized.
Objective II.1
A. When the suspension of accepting applications is lifted, the HA plans to advertise the availability of the Section 8 Housing Voucher Program to very low-income families. The advertising will be placed in the newspapers as shown in paragraph A and B.
All press releases and/or advertisements placed will include prominent use of the Equal Opportunity logo and slogan in accordance with Advertising Guidelines for Fair Housing. As a general rule, the HA will advertise whenever the waiting time for those applicants with a Federal Preference drops to less than one year.
B. The HA will make press releases to the major daily newspapers (The Seattle Times, the Seattle Post-Intelligencer and the Journal American), and neighborhood or weekly newspapers such as:
South District Journal Ballard News Tribune Northshore Citizen Lynnwood Herald Highline Times Daily News Journal Des Moines News Senior Spectrum Federal Way News West Seattle Herald Kirkland Courier Valley News Morning News Tribune Woodinville Weekly White Center News Tacoma News Tribune
The circulation of these newspapers in King County reaches a combination of Caucasian and minority readers in proportion to the demographic characteristics of the population of King County, according to the 1990 Census, as follows:
White Black Native American Pacific Islander Hispanic 84.8% 5.1% 1.1% 7.9% 2.9%
The HA will also make press releases to the following newspapers or magazines which have a circulation in the minority communities: Medium, North American Post, Beacon Hill News, Seattle Chinese Post, Filipino American Herald, Asia Today, Asian Weekly, Cambodian News, Korea Central Daily News, Vietnamese Weekly News, La Voz News Magazine.
Community service announcements will be placed on the following radio and television stations: KBLE, KING, KIRO, KIXI, KJR, KOMO, KVI, KUBE, KBCS, KLSY, KZOK, and KWJZ.
Community Service announcements will also be placed with radio station KFOX which has a majority of their listening audience in the black community.
The frequency of the press releases and community service announcements will be as needed to attract very low-income families to fill the number of Vouchers available and provide a waiting list of less than one year.
Objective III - Ensuring Equal Opportunity to Applicants for Participation in the HA's Program and in the Selection of Voucher Holders
Actions to be taken:
- System for taking, processing and filing applications, establishing waiting list: See Administrative Plan.
- Preference or priority categories in order, if any, for issuance of Vouchers and method used for selection of Voucher holders:
See Administrative Plan.
Objective IV - Provision of Services and Assistance to Families That Allege They Have Encountered Discrimination During Their Housing Search
Actions to be taken:
- Services to be provided in finding a unit:
- The Family will be supplied the names of owners who are interested in leasing in the Section 8 Housing Voucher program, and any address of units that may be available at that time.
- Assistance to be given to Voucher holders in the exercise of their rights under Federal, State and local law and name of persons responsible for giving assistance; training of the persons:
During the briefing for Voucher holders, the HA will explain Federal, State and local fair housing laws, especially Title VI of the Civil Rights Act of 1964, the Federal Fair Housing Act, as amended; Executive order 10063; R.C.W. 49.60; Section 504 of the Rehabilitation Act of 1973; and King County ordinance 5280, as amended, describing nondiscrimination with regards to race, color, religion, age, sex, national origin, familial status, marital status, parental status, sensory, mental or physical disabled or use of a trained guide dog by a blind or deaf person. The Family will be advised that, if it feels there has been discrimination in violation of federal laws, the HA will assist the Family in preparing the Equal Opportunity Complaint form (HUD 903) and delivery of the complaint form to HUD. If the Family feels there has been discrimination in violation of the state or local laws, they will be referred to the proper agency.
Title Manager's Name
Section 8 Program Coordinator Jeb Best
Objective V - Utilization of a Local Fair Housing Organization
The HA will subcontract with a Fair Housing Organization. YES _____ NO __X___
Objective VI - Promoting Employment Opportunity in the HA's Employment Practices
- Existing or proposed staffing pattern by position, race/ethnicity, gender, and salary. (Asterisk staff members employed by HA in order programs prior to making application for the Section 8 - Voucher Housing Program).
- See attached Exhibit: Objective VI.1
- Actions to be taken to promote equal opportunity in employment practices. See Affirmative Action Plan
ADMINISTRATIVE PLAN
Section 8
Moderate Rehabilitation Program For Single Room Occupancy Dwellings For Homeless Individuals
Titusville Station
15 Units - Kent, WA
The King County Housing Authority in cooperation with The South King County Multi-Service Center and Titusville Station Associates
11/9/95
The Administrative Plan Page 2
TABLE OF CONTENTS
1. Project Description..................................................................................... 3
2. Temporary Rehabilitation Process............................................................... 3
3. The Rehabilitation Process.......................................................................... 3
A. Acceptability Criteria....................................................................... 4
B. Initial Inspection.............................................................................. 5
C. Work Write-ups and Cost Estimates............................................... 5
D. Base Rent and Contract Rent Calculations....................................... 5
E. Low Income Housing Tax Credits................................................... 6
F. Financial Feasibility......................................................................... 6
G. Selection of Contractors.................................................................. 7
H. Financing........................................................................................ 7
I. Rehabilitation Period....................................................................... 7
J. Retention of Records...................................................................... 8
4. Management and Supportive Services......................................................... 8
A. Management................................................................................... 8
B. Supportive Services........................................................................ 9
C. Outreach and Waiting Lists............................................................. 9
D. Monitoring...................................................................................... 10
E. Utility and Rent Adjustments............................................................ 10
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This Administrative Plan should be considered supplementary to the Administrative Plan and the Equal Opportunity Housing Plan for the Section 8 / Certificate Housing Voucher Program currently on file with the U. S. Department of Housing and Urban Development (HUD). The Administrative Plan outlined below and the Program Regulations for the Section 8 Moderate Rehabilitation Program for Single Room Occupancy for Homeless Individuals shall prevail in any conflicts with previously submitted plans.
1. Project Description
The Titusville Station building was preselected as part of the application process for this program. The purpose of this project is to provide 15 units of SRO housing for homeless women recovering from alcohol and substance abuse. The building is owned by Titusville Station Associates (TSA). Supportive services will be provided by the South King County Multi-Service Center (SKCMC).
Titusville Station is a two-story building with commercial, retail and office space on the first floor and vacant office space on the second floor. The building's original SRO units have been converted into spartan "one man" offices in recent years. The project involves rehabilitation of 15 second floor rooms into 15 SRO units with a community kitchen, dining room, bathroom, and living space.
Approximately $200,000 in rehabilitation work will be needed, with the finds provided through a private bank loan.
The facility will be alcohol/drug free and will house low-income women who have successfully completed a certified, inpatient drug/alcohol treatment program and are either currently involved in an aftercare program or have graduated from an aftercare program.
Supportive services will be coordinated by SKCMC. Group and case management services will be provided directly by SKCMC staff and other agencies will involve education and counseling on such topics as living skills, employment search and retention and interpersonal communication. Follow-up with aftercare programs or Alcohol/Narcotics Anonymous will also be required.
- Temporary Relocation During Rehabilitation
- The Rehabilitation Process
The upper floor of the building is currently vacant and will not require temporary relocation.
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A. Acceptability Criteria
Eligible work items and costs will include rehabilitation and improvements necessary to:
- Correct all HQS violations for SRO units
- Correct all violations of local building and fire codes as determined by the local building official.
- Repair or replacement of major building systems or components in danger of failing within two years.
- In the absence of local code standards for SRO's specifying otherwise, provide the kitchen, dining, bathroom, laundry, and community space necessary to meet the basic living needs of 15 women.
- Provide cost-effective energy conserving improvements that are financially feasible and provide reasonable payback in terms of energy savings.
- Provide a sprinkler system that protects all major spaces and hardwired smoke detectors and such other fire and safety improvements as State and local law may require.
- Repartition rooms to correct HQS violations (e.g., provide outside access), to provide kitchen, dining, bathroom, laundry or community space, to convert nonfunctional living space to functional living space, improve functional use and provide 15 SRO units. Remodeling and repartitioning necessary to accomplish the above will be carefully documented to ensure that the purpose is to correct deficiencies or improve livability and functional use and not merely to increase rentable or revenue producing space.
- Make cosmetic improvements such as painting and new floor covering that are directly related to eligible work items or are necessary due to damage during rehabilitation.
- Pay for actual rehabilitation financing costs and fees not to exceed two percent of rehabilitation loan or new mortgage amount.
- Pay for actual rehabilitation related costs and fees such as permit fees and architectural and engineering fees.
The scope of rehabilitation work supported by the contract rents will be submitted to HUD for technical review prior to entering into an agreement and prior to entering into a HAP Contract with the owner.
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B. Initial Inspection
Preliminary feasibility has been established as part of the initial application. After the owner submits work write-ups and cost estimates, the building will be inspected by the HA's Construction Coordinator in consultation with Section 8 Program Housing Inspectors and Housing Rehabilitation Department staff to specifically identify all eligible work items. The requirement that there be a minimum $1,000 of eligible rehabilitation work per unit will be documented at this time. The Construction Coordinator or other assigned staff will also perform a feasibility analysis to determine whether cost effective energy conserving improvements can be added. The final work write-up will be based on the inspection and the owner's submission, with the HA making the final determination as to the eligibility and appropriateness of all work items.
C. Work Write-ups and Cost Estimates
The owner has retained an architectural/engineering consultant to produce the work write-up, cost estimate and related drawings. The HA's Construction Coordinator will review the cost estimate and, if necessary, perform an independent estimate.
D. Base Rent and Contract Calculations
Since there is no "market" for unsubsidized SRO units in King County outside the City of Seattle and thus no market comparables, the "cost approach" for calculating base rents will be used.
Titusville Station is a mixed use building with the SRO project comprising a portion of the building. Certain base rent costs such as debt service, insurance, water and sewer are aggregated for the building as a whole. Segregating these amounts for the SRO project will require the use of an "as-is" appraisal, where the as-is value or the revenues attributable to the portion of the building to be occupied by the SRO, calculated as a percentage of the whole, will be used to estimate the SRO's pro rata share of the cost.
The owner will be required to submit supporting documentation for all base rent costs.
The base rent and contract rent calculations along with supporting documentation and explanatory information will be submitted to (HUD) for technical review before entering into an agreement and prior to entering into a HAP Contract with the owner.
E. Low Income Housing Tax Credits
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This project has received an allocation of 1989 Low Income Housing Tax Credits from the Washington State Housing Finance Commission that have apparently qualified for "carry over" into 1990. Although recent action by Congress has prohibited use of Low Income Housing Tax Credits in combination with the Section 8 Moderate Rehabilitation Program, this prohibition apparently applies only Low Income Housing Tax Credits issued after the effective date of the legislation.
The owner will be advised to seek legal advice as to the status the allocation of Low Income Housing Tax Credits for this program and certify as to his intention to take the tax credit on this project. If the owner elects to use tax credits with this project the procedures described in HUD Notice H 90-17 will be used to determine the appropriateness and use of the tax credits.
The HA can in no way approve or prohibit the use of tax credits for this project nor advise the owner as to their legal status. If, however, the owner believes he is entitled to the tax credit and accordingly certifies to his intention, the HA will use the procedures in HUD Notice H 90-17 to ensure that both the contract rents and the tax credits are required to make the project work.
F. Financial Feasibility
The work write-up and cost estimate will be used to calculate the rehabilitation portion of the contract rent. If the contract rent (after taking into consideration the value of the tax credits in accordance with HUD procedures is in excess of maximum permissible rents (.75 x 1.20 x 0 BR FMR) then the following process will be used to determine whether the project can reasonably proceed:
- The work write-up and specifications will be revised and modified to achieve cost saving while ensuring that all HQS violations and other deficiencies are corrected.
- Optional energy conserving improvements will be omitted provided that the reduction in contract rent does not result in a dollar for dollar increase in utility costs.
- If after review of all eligible work items the project is still infeasible, the owner will be requested to pay for the rehab shortfall. If the owner agrees, the owner must identify the source of funds and explain how the cash flow requirements of the project will be met.
- If the owner refuses to make the shortfall or the project is clearly infeasible then the HA will locate another project in accordance with program regulations.
G. Selection of Contractors
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Competitive bidding of contractors will not be required. The HA will assure that the owner selects a contractor in accordance with CFR 882.504(g). The HA will encourage the owner to use minority contractors and subcontractors for the work. The general contractor will be screened by HA staff to ensure compliance with federal participation and state bonding and insurance requirements.
A preconstruction conference will be held to outline Section 3, Davis-Bacon and other federal labor standards.
The owner will be required to certify that no identity of interest exists in the sale, rehabilitation, or financing of the project and that the documented costs are the result of bona fide, arms-length market transactions.
H. Financing
The owner has received a commitment of financing from SeaFirst Bank. The actual terms of financing will be documented and used in the initial contract rent calculation.
I. Rehabilitation Period
The HA will be responsible for preparing and executing the agreement with the owner. The owner will be allowed no more than 6 months to complete the work, although only 2 months is anticipated.
Weekly inspections will be conducted by the HA's Construction Coordinator. The Construction Coordinator will verify that the appropriate local code inspections are completed at various stages of renovations. Local code inspection will be posted at the job site.
The HA's Development Department staff will monitor for compliance with Davis-Bacon wage rates by reviewing bi-monthly wage reports and conducting employee interviews.
Rent increases resulting from unanticipated changes in the scope of work will comply with 24 CFR 882.408(d). The owner will be expected to provide additional funds where additional work is required to complete work items.
Changes in the scope of work will be processed via standard change order forms and be subject to approval of the owner, the owner's architect and the HA.
The owner will notify the HA at least one week in advance of completion. Completion will be evidenced by a certificate of occupancy by the local building official and sign-off of all required local code inspections. When these documents are received, the HA will schedule a final inspection where all work
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will be reviewed to ensure it has been completed in accordance with the work write-up, plans and specifications. A punchlist will be prepared and transmitted to the owner, who will generally have 30 days to correct all deficiencies.
The HAP Contract will not be executed until:
- All rehabilitation and punch list work has been completed.
- All labor standards documents have been submitted and determined to be acceptable.
- All supporting documentation and certifications have been received in accordance with 24 CFR 882.507(b). The HA will review all documentation for completeness and accuracy including certifications of actual rehab costs, interest rate and terms of the loan. All owner certifications will be subject to inspection and post audit. The HA will provide the owner of written acceptance one all required documentation has been acceptable submitted.
The owner may begin to occupy the building at the time of completion even though the HAP Contract may not have been executed. Subsidies will not be available until the HAP Contract is executed and will be calculated retroactively to the effective date. The effective date will be determined by the HA but in no case will be earlier than the date of occupancy.
J. Retention of Files
A filing system will be established by the HA that documents rehabilitation costs and rent calculations. Records of all applications, waiting lists and owner referrals will also be maintained for audit purposes. Copies of the initial tenant selection files will be retained with the other development files
4. Management and Support Services
A. Management
The owner will be required to submit a brief management plan that will outline how and by whom various management and maintenance functions will be accomplished. Accompanying the plan should be proposed budgets and/or other documentation justifying the costs involved.
In general, overall operating costs of 35% of gross income will be deemed reasonable. It is recognized that due to the unique nature of this facility, management and operating costs may be justifiably higher. In this case, the owner will be required to submit documentation justifying higher costs.
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It should be noted that the supportive service model planned for this facility encourages and to a certain extent requires resident involvement in the management and routine maintenance of the facility. To the extent that a cooperative environment can be created within the shared living spaces, normal management and routine maintenance costs can be significantly reduced.
B. Supportive Services
Because of the target population being served, successful management of the program described in this plan is very dependent on the supportive service plan that will address the following:
- Identification and outreach to the target population.
- Screening the target population for admission.
- Individual and group supportive services to be provided on site by SKCMC staff.
- Individual and group supportive services to be provided by referral agencies.
- Rules and regulations governing continued occupancy and participation.
C. Outreach and Waiting Lists
The target population for this program is homeless single women recovering from alcohol and substance abuse. An essential requirement of this program is that participants must not only be homeless but that they have successfully completed a certified inpatient drug/alcohol treatment program.
Immediately, upon execution of the ACC the HA (or the SKCMC on the HA's behalf) will engage in outreach efforts to make known this program to homeless single women who have or will soon complete a certified inpatient drug/alcohol treatment program. Organizations providing drug/alcohol treatment services or funding for such services will be contacted and given program information. Also, existing waiting lists will be reviewed to see if any applicants potentially fall into the target population. These applicants will be contacted and provided program information. Applicants currently on a waiting list will be given priority over other applicants.
A separate waiting list will be maintained for this program.
D. Monitoring
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The HA is responsible for monitoring the provision of supportive services in addition to the usual responsibilities associated with Section 8 assisted housing. Monitoring of supportive services will be accomplished by:
- Required SKCMC to submit a report of program activities and an updated supportive service plan at least annually.
- Meeting with the owner and SKCMC staff at least quarterly to discuss and evaluate program activities.
- Discussing with participating individuals their reactions to the program activities at the time of an inspection or review.
- By advising all participating individuals of the informal grievance process available through the HA. The grievance process can be used to identify potential supportive service delivery problems.
E. Utility and Rent Adjustments
All utilities will be provided by the owner, and therefore utility allowances for tenant furnished utilities are not needed even though individual meters for the SRO rooms (as distinguished from the common areas) do exist. The HA will develop a utility allowance schedule for tenant furnished utilities in the event the building switches to tenant paid utilities.
Adjustments in the Initial Contract Rents will be in accordance with 24 CFR 882.408(d) and annual rent adjustments thereafter will be in accordance with 24 CFR 882.410.
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EXHIBIT O. LEAD BASED PAINT REGULATIONS
New Lead Based Paint regulations set hazard reduction requirements giving much greater emphasis to reducing lead in house dust thereby reducing the exposure to young children. The Housing Authority, as part of its regular initial or annual inspection process, will conduct a visual evaluation of the interior and exterior painted surfaces including common areas, stairways, boundary fences and garages during the initial and periodic inspections of the rental property. The inspector will look for any signs of deteriorated paint such as peeling, chipping, chalking or cracking, of any paint or coating located on the interior or exterior surface that is otherwise damaged or separated from the substrate.
King County Housing Authority strongly urges landlords to regularly inspect their property and remove any defective paint according to the Federal requirements prior to the initial or annual inspection. A good owner maintenance program is the easiest solution to prevent paint problems from occurring.
If deteriorated paint is found, and the unit was built before 1978 and is expected to be or is occupied by a family with a child under 6 years of age, the regulations require the owner to perform “paint stabilization” activities using “safe work practice”.
‰ All interior and exterior deteriorated paint must be removed or encapsulated, and
where paint is removed, the area must be repainted. ‰ Damaged substrate surfaces must also be repaired. ‰ A person trained and certified in Safe Work Practices must conduct all work. This
person must have successfully completed the Remodeler’s and Renovator’s Lead-Based Paint Training Course or Safe Work Practices Training Course approved by HUD. This work also involves the use of specialized equipment such as a HEPA Vacuum, and respirator.
‰ The Owner must ensure and certify that paint stabilization was conducted using safe work methods including, occupant protection, and work site preparation and clean up. They include but are not limited to such practices as closing off the area with plastic sheeting, protecting workers, and cleaning the area thoroughly before allowing the Section 8 client back into the effected area.
‰ The unit must then pass a clearance examination that includes a visual assessment of the unit/work area and surface wipe samples of the affected rooms that are sent to a lab for analysis to determine the presence of lead on floors, windowsills and troughs. The Housing Authority will conduct the Clearance Testing. If the work site was not properly contained, then the entire unit must pass clearance. If the work area was properly sealed off, testing can be conducted on the work site and area immediately outside the containment.
‰ The owner must provide notification to the occupants in writing of the hazard reduction activities and the result of the clearance or any other testing completed on the unit.
‰ The owner must conduct on going monitoring and maintenance of the unit to prevent lead hazards.
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O-1 De Minimis Levels- Safe work practices and clearance are not required when maintenance and hazard reduction activities do not disturb painted surfaces that total more than (a) 20 square feet on exterior surfaces (this is an area about 4 feet 6 inches on each side); (b) 2 square feet in any one room or space (this is a square about 17 inches on each side); or (c) 10 percent of the total surface area on an interior or exterior component with a small surface area such as window sills and trim.
The Housing Authority may exempt from such treatment defective paint surfaces that are found in a report prepared by a Certified EPA Lead-Based Paint Risk Assessor or Lead Paint Inspector not to be lead based.
In our continued effort to partner with landlords, King County Housing Authority is committed to making this process as efficient as possible and will assist in providing information and resources to landlords and participants at their request.
HUD STANDARDS FOR STABILIZING DETERIORATED PAINT
During the initial and annual inspection the Housing Authority will visually inspect the unit for deteriorated paint. This notice will provide directions on how to complete paint stabilization if the unit was built before 1978 and is expected to be or is occupied by a family with a child under 6 years of age.
• Loose, peeling or cracking paint may contain lead and therefore poses a serious health hazard for children under the age of 6 years.
TIME FRAME TO COMPLETE REPAIRS
- Paint stabilization must be completed prior to occupancy.
- In case of an annual inspection, paint stabilization must be completed within 30 days of notification of deteriorated paint.
- Failure to complete paint stabilization within the designated time frame will result in housing assistance payments being abated or terminated.
SURFACE REPAIR
- Deteriorated surfaces: Any physical defect on a painted surface must be repaired before treating the surface.
- Remove Loose Paint: All loose paint or other loose material should be removed from the surface to be treated.
- Apply New Paint: Paint stabilization includes the application of a new protective coating of paint. The surface must be dry and protected from future moisture damage before applying new protective coating or paint.
ACCEPTABLE TREATMENT METHODS
- Wet scraping or sanding
- Chemical stripping on or off site
- Replace painted components
- Scraping with an infrared or coil –type heat gun with temperatures below 1,100 degrees F
- HEPA vacuum sanding
- HEPA vacuum needle gun ; and
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O-2
- Abrasive sanding with HEPA vacuum
- Covering of defective paint surfaces with durable materials such as wallboard or vinyl siding with joint sealed and caulked
PROHIBITED METHODS
- Open flame burning or torching
- Machine sanding or grinding without HEPA local exhaust
- Abrasive blasting or sandblasting without HEPA exhaust
- Uncontained hydroblasting and high-pressure water washing.
- Heat guns operating above 1,100 degree F or charring pt.
- Dry scraping or dry sanding except in conjunction with heat guns or within 1 foot of electrical outlets
- Paint stripping in a poorly ventilated space using a volatile stripper that is a hazardous substance
NEW PROTECTIVE COATING
• Apply a new protective coating or paint over area(s) that had paint removed.
TRAINING AND SUPERVISION
• It is strongly recommended that you use certified contractors when performing any operation beyond routine maintenance.
• The individual performing the paint stabilization must be trained in accordance with OSHA’s Hazard Communication regulations (29CFR 1926.59). In addition, the individual must meet one of the following: ¾ A certified abatement supervisor supervises the work of the individual performing the paint stabilization. ¾ The supervisor has successfully completed an accredited abatement supervisor course. ¾ The individual has successfully completed an accredited lead –based paint abatement worker course. ¾ The individual has successfully completed the Lead-Based Paint Maintenance Training Program developed by the National Environmental Training Association of the Remodeling Industry. ¾ The individual has successfully completed the Remodeler’s and Renovator’s Lead-Based Paint Training Program Developed by HUD and the National Associated of the Remodeling Industry ¾ The individual has successfully completed the equivalent course approved by HUD.
SAFE WORK PRACTICES AND OCCUPANT PROTECTION
The following safe work practices help minimize and control the spread of lead-contaminated dust and debris while protecting workers and residents from exposure to Lead:
- Cover yourself; wear eye protection, a respirator and proper clothing.
- Cover the ground; seal off vents and doorways with poly sheeting.
- Tenants shall not be permitted to enter the work site during stabilization.
- Personal belonging should be relocated and covered.
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SAFE WORK PRACTICES AND OCCUPANT PROTECTION
- Soil and playground equipment must be protected from contamination during treatment.
- Waste/debris must be disposed of per All State and Local applicable law.
- These safe work practices are NOT required when paint stabilization disturbs painted surfaces that total less than the following “De Minimis Levels”: ¾ 20 sq.ft. on exterior surface ¾ 2 sq. ft. in any one interior room or space. ¾ 10 % of total surface area on an interior or exterior component with a small
surface area. Examples: Windowsill, baseboards, trim, etc.
CLEANING
- The work site must be thoroughly cleaned to remove lead-based paint dust.
- Clean washing surfaces with a lead specific detergent or its equivalent.
- Vacuum cleaners with HEPA (High Efficiency Particulate Accumulator) filters should be used during cleanup.
- Waste and Debris must be disposed of properly.
CLEARANCE REPORT
A Clearance Examination is the last step of paint stabilization and includes the following:
- A Visual assessment of the treatment.
- Collection of dust samples.
- An EPA certified lead-based paint inspector or risk assessor or certified clearance technician must conduct clearance.
- Clearance exams are not required when deteriorated paint is less than the “De Minimis Levels”.
NOTICE TO OCCUPANTS
- A clearance report must be prepared by a Certified clearance examiner and provided to the tenant within 15 days of the completion of the lead Hazard reduction activities.
- The Housing Authority will require a copy of this notice for the tenant file.
- The unit must pass clearance and the form must be signed and returned to the Housing Authority before unit can pass inspection.
| ON GOING MAINTENANCE | ||
|---|---|---|
| • | You must institute on going maintenance of painted surfaces and safe work practices. | |
| Once a year, visually assess painted surfaces to identify deterioration. Stabilize any | ||
| deteriorated paint. Use safe work practices. | ||
| ENVIRONMENTAL INTERVENTION BLOOD LEVEL | (EIBL) CHILDREN | |
| • | Special procedures are required if a child under the age of 6 years residing in a | |
| subsidized unit is identified with an EIBL (Lead Poisoning). When you become | ||
| aware of this situation, immediately contact the Housing Authority and your Local | ||
| Health Department. | ||
| EXEMPTIONS | ||
| • | The Housing Authority may exempt from such treatment defective paint surfaces that | |
| are found in a report prepared by a certified Lead-Based inspector not to be lead- | ||
| based. | ||
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EXHIBIT P. TERMINALLY ILL PROGRAM
Applicants who suffer from terminal illness are likely to die before they could receive and use assistance in the form of a Voucher if they had to wait their chronological turn on the waiting list, housings under this Local Preference are limited to the twenty-five Vouchers targeted by the HA for this purpose.
Terminally ill applicants are defined as individuals with a medical prognosis that their life expectancy is three years or less. In the case of applicants suffering from the AIDS virus, only individuals classified with an AIDS Indicator Condition of C1, C2, C3, or B3 meet the definition of terminally ill. The condition must be documented by the attending physician and/or a Social Service Agency which has been working with the applicant and can provide the necessary information.
EXHIBIT R. SOCIAL SERVICE AGREEMENT FOR SECTION 8 HOUSING PAYMENT ASSISTANCE FOR HOMELESS VICTIMS OF DOMESTIC VIOLENCE
I. PURPOSE. To provide an effective housing program for homeless victims of domestic violence who, by virtue of their economic dependence, may otherwise by unable to escape their abuser.
II. DEFINITIONS:
A. Domestic Violence: Domestic violence is actual or threatened violence, including involuntary sexual relations, committed by a related person.
B. Related Person: A related person is a parent, spouse or former spouse, adult person related by blood or marriage, past or present co-tenant or parent of a common child.
C. Homeless Family: A homeless family is one which:
- Lacks a fixed, regular and adequate nighttime residence; and
- Has a primary residence that is:
- a.
- A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters and transitional housing for the mentally ill);
- b.
- An institution that provides a temporary residence for individuals intended to be institutionalized; or
- c.
- A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
- D.
- DAWN: Domestic Abuse Women's Network Agency.
- E.
- EDVP: Eastside Domestic Violence Program Agency
- F.
- HOUSING AUTHORITY: The King County Housing Authority
III. RESPONSIBILITIES OF THE HOUSING AUTHORITY:
A. Referring Section 8 applicants and participants, who are victims of domestic violence to DAWN and EDVP.
B. Determining whether families referred by DAWN and EDVP are eligible for Section 8 assistance.
C. Promptly processing any request for assistance under this agreement, including issuing a Certificate at the next scheduled briefing.
D. Amending the Section 8 Administrative Plan and EOHP to provide for issuance of Certificates to DAWN and EDVP in a number equal to the rental certificates provided by HUD for this purpose and providing for the opening of a closed waiting list for this purpose.
E. Administering the rental certificate program in accordance with applicable program regulations and requirements, including the requirement that all units meet HQS.
F. Submitting to HUD any required data or reports.
IV. RESPONSIBILITIES OF DAWN AND EDVP:
A. Reviewing for eligibility and assisting victims of domestic violence referred by the HA.
B. Establishing and implementing a system to identify eligible families within the domestic violence agency's jurisdiction.
C. Referring victims of domestic violence to agency's jurisdiction.
D. Providing written certification to the HA that a referred family qualifies as:
- A victim of domestic violence
- A homeless family (if it is not possible to provide direct verification of housing status, assisting the family in obtaining such verification).
E. Committing sufficient staff resources to ensure that:
- Eligible families are identified, referred and the certification process is completed in a timely manner;
- The family is assisted in locating suitable housing under the Section 8 program and, if necessary, the family is assisted in negotiating with an owner;
- Case management services are available to the family both at a shelter and, for a minimum period of six months, in their Section 8 housing. Services could be provided directly or through other social service agencies. Services include such areas as:
- a.
- Access to 24-hour crisis line.
- b.
- Option of participation in weekly support group with child care and/or support groups for children offered concurrently.
- c.
- Access to legal advocacy services.
- d.
- Optional community advocacy and follow-up case management services.
The family will be encouraged to maintain such linkages and, if necessary, establish new ones after relocating.
F. Agreeing to cooperate with the HA by providing regular reports and requested data for purposes of program evaluation.
V. VERIFICATION REQUIREMENTS:
A. For a victim of domestic violence, their eligibility can be verified by written certification from local police, a social service agency, court, clergyman, court of law, physician or public/private shelter/counseling facility.
1. Verification must indicate that instances of violence are of a recent or continuing nature.
B. For a homeless family, their eligibility can be verified by certification from a public/private shelter facility or written certification from local police or a social service agency.
EXHIBIT S. Inspection Fail Items
This is an excel spreadsheet.
Section 8 Administrative Plan
| 1 | A Item # | B Seq. | C | D | E | F |
|---|---|---|---|---|---|---|
| Description | Minor | Major | Depends | |||
| 2 | Basement | 4.06 | Basement Ceiling Condition tenant states there is an ongoing ceiling leak around hall light | x | ||
| 3 | Basement | 4.06 | Basement Ceiling Conditions Fixture please check and repair | x | ||
| 4 | Bathroom | 3.01 | 3rd Bath Bathroom Present downstairs bathroom toilet broken | x | ||
| 5 | Bathroom | 3.02 | Bath Electricity bad light switch main bath | x | ||
| 6 | Bathroom | 3.03 | Bath Electrical Hazards sink faucet has constant drip | x | ||
| 7 | Bathroom | 3.03 | Bath Electrical Hazards need light bulbs in fixture, and working | x | ||
| 8 | Bathroom | 3.04 | Bath Security Bathroom door won't latch | x | ||
| 9 | Bathroom | 3.04 | 2nd Bath Security door to downstairs bath needs to close and latch, door warped | x | ||
| 10 | Bathroom | 3.04 | 3rd Bath Security Slider door lock not working | x | ||
| 11 | Bathroom | 3.05 | 3rd Bath Window Conditions Rear bath leak around window. | x | ||
| 12 | Bathroom | 3.06 | Bath ceiling conditions repair ceiling cracks/holes | x | ||
| 13 | Bathroom | 3.06 | Bath ceiling conditions repair and finish ceiling | x | ||
| 14 | Bathroom | 3.06 | Bath Ceiling Conditions roof leaking into upstairs bathroom ceilingand fan | x | ||
| 15 | Bathroom | 3.06 | Bath Ceiling Conditions there is soft plaster by exhaust fan, please check for leak and repair | x | ||
| 16 | Bathroom | 3.06 | 2nd Bath Ceiling Conditions Ceiling shows signs of leaking when it rains. Please check and repair | x | ||
| 17 | Bathroom | 3.07 | Bath wall conditions wall is soft by the toilet area | x | ||
| 18 | Bathroom | 3.07 | Bath Wall Conditions repair wall decay | x | ||
| 19 | Bathroom | 3.07 | 2nd Bath Wall Conditions repair wall holes/cracks | N/A | ||
| 20 | Bathroom | 3.07 | 2nd Bath Wall Conditions hole in wall above master tub. (O) | x | ||
| 21 | Bathroom | 3.1 | Flush toilet toilet runs constantly | x | ||
| 22 | Bathroom | 3.1 | Bath Flush Toilet flush lever does not work properly | x | ||
| 23 | Bathroom | 3.1 | 2nd Bath Flush Toilet supply line to toilet appears to be leaking | x | ||
| 24 | Bathroom | 3.1 | Bath Flush Toilet Toilet seat missing | x | ||
| 25 | Bathroom | 3.1 | 2nd Bath Flush Toilet Toilet not flusshing in master bathroom | x | ||
| 26 | Bathroom | 3.1 | 2nd Bath Flush Toilet Master bathroom toilet flush chain broken | x | ||
| 27 | Bathroom | 3.11 | Fixed wash basin sink faucet faucet won't shut off | x | ||
| 28 | Bathroom | 3.11 | Fixed wash basin handle missing on cold water valve | x | ||
| 29 | Bathroom | 3.11 | 3rd Bath fixed wash basin downstairs bathroom sink plugged | x | ||
| 30 | Bathroom | 3.11 | Bath Fixed Wash Basin cold waterknob on sink stripped | x | ||
| 31 | Bathroom | 3.11 | 2nd Bath Fixed Wash Basin sink has a constant drip from faucet | x | ||
| 32 | Bathroom | 3.11 | 2nd Bath Fixed Wash Basin small leak under sink | x | ||
| 33 | Bathroom | 3.11 | Bath Fixed Wash Basin faucet leaking --Repair | x | ||
| 34 | Bathroom | 3.11 | 2nd Bath Fixed Wash Basin sink and tub leaks | x | ||
| 35 | Bathroom | 3.11 | 2nd Bath Fixed Wash Basin 1/2 bath sinkdripping! | x | ||
| 36 | Bathroom | 3.11 | Bath Fixed Wash Basin clear drain blockage | x | ||
| 37 | Bathroom | 3.11 | Bath Fixed Wash Basin Pipe under sink still wet, signs of leaking on board underneath | x | ||
| 38 | Bathroom | 3.11 | Bath Fixed Wash Basin Pipe under sink wet, please check and reseal | x | ||
| 39 | Bathroom | 3.11 | 3rd Bath Fixed Wash Basin Sink leaks in small bathroom | x | ||
| 40 | Bathroom | 3.11 | 2nd Bath Fixed Wash Basin Sink leaks underneath | x | ||
| 41 | Bathroom | 3.11 | 2nd Bath Fixed Wash Basin Hot water faucet knob broken in master bathroom | x | ||
| 42 | Bathroom | 3.11 | Bath Fixed Wash Basin Sink hot water drips constantly & pipes leak under sink (0) | x | ||
| 43 | Bathroom | 3.12 | Bath Tub or Shower not draining | x | ||
| 44 | Bathroom | 3.12 | Bath Tub or Shower shower won't turn on - downstairs bath | x | ||
| 45 | Bathroom | 3.12 | Bath Tub or Shower furnish hot running water to fixture | x | ||
| 46 | Bathroom | 3.12 | Bath Tub or Shower repair shower operation | x | ||
| 47 | Bathroom | 3.12 | Bath Tub or Shower hardly any hot water to shower, check pipes and divertor | x | ||
| 48 | Bathroom | 3.12 | Bath Tub or Shower please repair the peelingpaint in the tub | x | ||
| 49 | Bathroom | 3.12 | 2nd Bath Tub or Shower Black mold growing around shower handle. | x | ||
| 50 | Bathroom | 3.12 | 2nd Bath Tub or Shower Shower handle broken in master bath. | x | ||
| 51 | Bathroom | 3.12 | Bath Tub Or Shower Wall tub surround rott replace | x | ||
| 52 | Bedroom | 4.01 | Bedroom 2 (2nd Fl Front Center) Room Code ctr/frnt bed-hole in wall needs patched correctly(T) | x | ||
| 53 | Bedroom | 4.02 | Bedroom 3 Electrical/Illumination tenant states that Master Bedroom light is shorted | x | ||
| 54 | Bedroom | 4.03 | Bedroom 2 Electrical Hazards install plug in electrical panel opening | x | ||