1995-11-15
Housing Authority Reg.
Agenda 11/15/95
4310/507-35
1 of 2
o
--
-
-
-~~
"
1
i
!
i
,
I
AUTHORITY REGULAR MTG.~
11/15/95
,."
.i
CITY OF ENCINITAS
HOUSING AUTHORITY
SPECIAL MEETING AGENDA
505 South Vulcan Avenue
Encinitas, California 92024
Wednesday, November 15, 1995, 6:00 P.M.
THE ENCINITAS HOUSING AUTHORITY IS AN AFFIRMATIVE ACTION PUBLIC
ENTITY AND DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR,
NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY IN EMPLOYMENT OR
THE PROVISION OF SERVICE. IN COMPLIANCE WITH THE AMERICANS WITH
DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN
THIS MEETIl~G, PLEASE CONTACT THE CITY CLERK AT 633 - 2 6 0 1 .
NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE HOUSING
AUTHORITY TO MAKE RrASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO
THIS MEETING.
IF YOU WISH TO SPEAK TO AN ITEM ON THE AGENDA, J?IIEASE FILL OUT A
PINK SPEAKER SLIP AND HAND IT TO THE BOARD CLERK BEFORE THAT ITEM
HAS BEEN ANNOUNCED BY THE CHAIR. SPEAKER SLIPS WILL NOT BE ACCEPTED
FOR AN ITEM ONCE THAT ITEM HAS BEEN ANNOUNCED.
TO DONATE TIME TO ANOTHER PERSON, FILL OUT A SPEAKER SLIP INDICATING
THAT FACT. THE PERSON OR PERSONS DONATING TIME MUST BE PRESENT WHEN
THE SPEAKER TO WHOM THEY HAVE DONATED TIME IS HEARD.
CALL TO ORDER ROLL CALL
(Chairperson is Mayor; Vice Chairperson is Deputy Mayor)
ITE!.1S ON THE CONSl';NT CALENDAR ARE MATTERS WHICH ARE EITHER
ROUTINE, SELF EXPLANATORY OR HAVE BEEN DISCUSSED AT PREVIOUS
MEETINGS. IT IS ANTICIPATED THEY WILL NOT BE DISCUSSED
SEPARATELY. WITH A MOTION "TO ADOPT THE CONSENT CALENDAR II THE
BOARD APPROVES ALL CONSENT CALENDAR STAFF RECOMMENDATIONS, AS
SHOWN ON THE AGENDA. THESE ITEMS ARE GROUPED TOGETHER TO ALLOW
'rIME FOR OTHER ITEMS ON THE REGULAR AGENDA. HOWEVER, ITEMS MAY
BE REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION ,EITHER BY A
IIREQUEST TO SPEAK" FORM FROM THE PUBLIC, HANDED TO THE BOARD
CLERK, OR A REQUEST BY A BOARD MEMBER. THE ONE EXCEPTION IS
"INITIAL CONSIDERATION OF AN APPEAL" WHICH CAN ONLY BE REMOVED
BY A BOA.RD MEMBER.
ITEMS REMOVED BY A MEMBER OF THE PUBLIC WILL BE TAKEN UP
IMMEDIATELY FOLLOWING ADOPTION OF THE CONSENT CALENDAR. ITEMS
REMOVED BY A BOA~D MEMBER WILL BE TAKEN UP AT THE END OF THE
REGULAR AGENDA.
~o
,
-.
\
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
1. Approval of Minutes: 9-27-95 Regular Meeting. Contact Person:
Board Clerk Cervone.
STAFF RECOMMENDATION: Approve minutes.
2. Consider amendments to the Section 8 Administrative Plan in order
to conform with new federal regulations. Contact Person: Housing
Coordinator Brown.
STAFF RECOMMENDATION: Adopt amended Section a Administrative
Plan.
3. Consider Authorizing Executive Director to Enter into Contracts
with Two Members of the Acquisition/Rehabilitation Project
Development Team: (1) Cuatro Corporation as the Rehabilitation
Project Manager, and (2) an appraiser to be selected by the
Executive Director based upon experience and cost. Contact Person:
Housing Coordinator Brown.
STAFF RECOMMENDATION: Authorize. Executive Director to enter
into contracts with two members of the
Acquisition/Rehabilitation Project Development Team: (1)
Cuatro Corporation as the Rehabilitation Project Manager, and
(2) Master Appraisers Institute (MAl) appraiser to be selected
by Executive Director.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE PUBLIC
ORAL COMMUNICATIONS (15 MINUTES)
ORAL COMMENTS (MAXIMUM OF THREE MINUTES PER PERSON) WILL BE HEARD FROM
PEOPLE WHO SUBMIT A WHITE SPEAKER SLIP TO THE CITY CLERK. BY LAW,
COMMENTS AT THIS SPECIAL MEETING ARE RESTRICTED TO ITEMS NOTED ON THIS
AGENDA. TIME DONATIONS ARE NOT PERMITTED FOR ORAL COMtIDNICATIONS.
REGULAR AGENDA
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE BOARD
BOARD I EXECUTIVE DIRECTOR REPORT
Information Items -- No discussion or action to be taken
ADJOURNMENT
..,
~
'I
v
'c , ..
-
I, Deborah Cervone, certify that I caused the above agenda to be I
, pORted the Ci'ty Hall bulletin board 1995, 72 hou,rs
on on
before the meeting.
Board Clerk
\
'~
~
0
"
"
,
~
:)
':)
MINUTES OF ENCINITAS HOUSING AUTHORITY REGULAR MEETING
SEPTEMBER 27,1995,6:00 P.M., 505 SOUTH VULCAN AVENUE
CALL TO ORDER ROLL CALL
Chairperson DuVivier cal.1ed the meeting to order at 6: 45 P.M.
Present: Chairperson Chuclc Duvi vier, Board Members Lou Aspell,
James Bond, John Davis, and Gail Hano.
Absent: None.
Also Secretary Wasserman, Assistant Board Attorney Krauel,
Present: Board Clerk Cervone, Assistant City Manager Benson,
Community Development Director Holder, Housing and Grants
Coordinator Brown, Deputy Board Clerk Greene.
There being a quorum present, the meeting was in order.
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
Chairperson DuVivier asked if the Housing Subcommittee agreed with
the st.aff recommendation regarding Item #2.
Subcommittee Board Member Hano stated that she and Subcommittee
Board Member Bond agreed with the staff recommendation regarding
Item #2.
Hano moved, Aspell seconded to
Ca1endar. Motion carried. Ayes:
Hano; Nays: None.
close and adopt the Consent
Aspell, Bond, Davis, DuVivier,
1. ADDroval of Minutes: 5/24/95 Recrular Meetincr, 8/29/95 SDecial
WorkshoD. Contact Person: City Clerk Cervone.
STAFF RECOMMENDATION: Appro'Ve minutes.
2. ADDroval of James D. Williams as the financial consultant for
gropertv acquisition Drocrram and authorization for City
Manacrer to execute a contract in an amount not to exceed
$30,400. Contact Person: Housinq Coordinator Brown.
STAFF RECOMMENDATION: Approve James D. Williams as the
financial consultant for the property acquisit~!on program
that includes 162 elderly and family units and authorize
the Executive Director to execute 8. contract in an am~:)Unt
not to exceed $33,390.
09/27/95 Reg. Mtg.
Mtg. #95-____, Bk. #1, Page
Page 1
;HI-I
, ,"
.:;
'~ 09/27/95 Regular Meeting
.-"
':~
o
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE POOLl!;'
None.
QRAL COMMUNICATIONS
None.
REGULAR AGENDA
None.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE BOARD
None.
BOARD I EXECUTIVE DIRECTOR REPORT
None.
ADJOURNMENT
Chairperson DuVivier declared the meeting adjourned at 6:46 P.M.
i. --11- ~/
1: "l{j'vv1 ~..,-;Uj~r..G '
Debor~h Cdrvone, Board Clerk
By: Kathy Greene,
Deputy Board Clerk
Chuck DuVivier, Chairperson
09/27/95 Reg. Mtg.
, Bk. #1, Page
Mtg. #95-
Page 2
;111 ~~
~
-.
l;':;"'~
::)
o
CITY OF ENCINITAS
AGENDA REltORT
HOUSING AUTHORITY
Meeting Date: November 15, 1995
TO:
Board of Commissioners
Lauren M. Wasserma- ~-
Secretary of the Boa~:':;;e Diredor
VIA:
FROM:
Community Development Department 5JK'
Sandra L. Holder, Community Development Director
Lynn Brown, Housing and Grants COI)rdinator ",
SUBJECT: Consider amendments to the Section 8 Administrative Plan in order to conform with
new federal regulations.
ISSUE: Whether to approve amendments to the Section 8 Administrative Plan in order to
conform with new federal regulations.
BACKGROUND: During the past two years, BUD has been issuing new regulations that combine
the voucher and certificate program, as well as give mOfCl authority to the local housing authorities.
The changes in the regulations have been issued in two parts. The ERA amended the Administrative
Plan on November 16, 1994, in order to bring the Administrative Plan into conformance with Part
I regulations issued in October 1994. On July 3, 1995, HUD issued the second part of the
regulations. They were effective in September 1995.
ANALYSIS: The new regulations include major changes in the administration of the Section 8
Program. As the new regulations give additional authority to the local housing authority, new
policies have to he approved. The analysis is divided into three parts: (1) required changes by HUD,
(2) new policy determined by the EHA, and (3) policy changes suggested by staG" cdl:er administering
the program for five months.
The changes required by BUD a. a listed in Attachment A. The new areas in which the EHA is
proposing new policy are:
.
EHA defines composition of family and when consent will be given for change in family
composition. This provides better control over the number of people living in the unit. (page
28)
cdIglb/srl ~ IS95.hal (11106195)
f/!/:2-1
')
.,]
\..)
------~---'-.
.....-.J-~.....
.
The amount ott\rne allowed for an extension has been changed. EHA policy will allow the
maximum time (12Q days). (page 31)
EHA allo~ the clock to stop on the term of a voucher during the time the EHA is approving
or disapproving the request for lease approval. (page 32)
EHA is limiting moves to once a year, unless the Executive Director detennines there is good
~ause, such as illness. (page 33)
The EHA will accept recertifications from other housing authorities when a family "ports" to
our jurisdiction, if completed within the last 60 days. (page 35)
The EHA can determine if we will give tenant history or drug trafficking infonnation to
owners. Previously, the EHA was not allowed ~J provide owners with information about
families. Due to the newness of the Section 8 Program, staffis recommending that the ERA
not provide infonnation about tenants to the. owner as we don't have the infonnation
available. We will strongly recommend to owners that they screen the applicants .(page 36)
ERA determines when an owner may be denied participation in the program. (page 42)
The EHA can define "absence from the unit". (page 51)
EllA can set policy on family obligations and responsibilities and what constitutes reasons for
termination from the program, including criminal activity. (pages 54,55)
.
41
.
.
.
.
.
The areas in which staff is suggesting policy changes are:
.
The ERA detennines the preferences applicants can receive for placement on the waiting list.
BUD requires we give a "federal" preference, but the EHA can determine other preferences
to which we can give extra weight. We presently give preference for veterans (required by
State law), elderly or disabled, and working fcU11ilies. StaiFis recommending adding full time
students. These are usually single mothers going to school so they can leave welfare and
subsidized housing. (pages 17,18)
. The payment standard is the maximum amount of subsidy the ERA will pay for a unit. The
EllA defines the payment standard as 100% of Fair Market Rent. mID determines FMR.
The ERA can set our payment standard for vouchers at 80% to 100% of FMR. Staff is
recommending 1000.10 ofFMR because of the high rents in. Encinitas. In a lower rental market
the advantage in setting the payment standard lower than FMR. is that the housing authority
can assist more families. The payment standard has been at 100% ofFMR ill the paat, but if
we define our policy in the Plan, the Board won't have to vote on a change every time FMR
changes. (page 32)
FISCAL AND STAFF IMPACTS: The new regulations provide potential additional hard to house
fees. They also require less staff time because there are no damage or unpaid rent claims to process.
RECOMMENDATION: Adopt the amended Section 8 Administrative Plan.
cdlglb/srl 1 IS95.hal (11106/95)
1/11;) .2-,
,
''':J
~:f!J.' .~
REVISIONS TO ADMINISTRATIVE PLAN
BASED ON NEW BUD REGULATIONS
1. Defines a family who is hard to house to include any family having difficulty renting. HUn pays
the EHA an extra fee for hard to house. (page 7)
2. Requires verification of citizenship or immigration stams before accepting an application. (page
26)
3. Expands the requirements ofwhat must be provided in the briefing packet when issuing a vO'l1\.:her
to an applicant. (page 29,30)
4. Expands the owner's rights and responsibilities. The EHA authority also increases. EHA, can
now tenninate a contract with the owner, if the owner commits fraud, bribery, or other criminal acts.
5. Provides new deadlines for executing the Housing Assistance Payments (HAP) Contract.
6. Allows the owner to collect a security deposit equal to the deposits being allowed in the private
rental market. Eliminates payments by the EHA for damage and unpaid rent claims. Previously, the
amount of the security deposit was limited, but the EHA paid for all the damage and unpaid rent that
the small deposit didn't cover.
.' """~.
7. Increases the number of reasons for tenninating the lease.
.J
8. Allows a voucher holder to select a HUD owned unit.
9. Changes rules on moving. Adds new sections on what to do. if the family breaks up or there is
a long absence from the unit. EHA can define the absence from unit and who can benefit if the family
breaks up.
10. The informal review and hearing procedures were revised to provide tenants more information
but give the EHA more authority.
11. There were changes in the Housing Quality Standards. For example, allowing microwave ovens
instead of regular ovens.
12. Having a legal profit-making business in the assisted unit is now allowed.
13. Violent criminal activity is defined and added to reasons for removing a family from the program.
This expands the EHA authority.
14. The definitions for termination of assistance and denial of assistance are now the same.
15. The EHA can now deny assistance if the family owes any money to an 0\\ ':ler , EHA or another
-'",", Authority.
, )
~
cdIglb/srII1595.hal (11/06/95)
f/1'I:i-3
~
"""""""\
....,,/
",""'
o
cS1
16. N~w leases and contracts with the owner must be used. (HUD has provided new forms.)
17. Both certificates and vouchers can "port" anywhere in the U.S. Previously, only vouchers were
portable thfOughout the U.S.
18. Occupancy standards changed to "subsidy" standards. The standards determine the number and
g~nder of family members allowed per bedroom.
19. The HAP contract tenninates automatically six months after the last HAP is paid to the owner.
Previously, the' program aJ!owed one year.
20. The F.:HA must pay the owner a late fee if the ERA rent payment is late. Determination is based
on the requireme~lt in the lease agreement.
21. An owner must give notice to the family and ERA '90 days before a termination of a HAP
contract. HOD defines "termination", "opt out" and "expiration".
22. E1'IA can approve any changes in family composition and the impact on the occupancy of the
unit.
23. ERA may deny or tenninate assistance if a family has engaged in or threatened abuse or violent
behavior toward EHA personnel.
cdlgtb/srlI IS9S.bal (11106195)
fhf:i-f
. (:'. . , .. \ J.... \'
o
o
o
ADMINISTRATIVE PLAN
1
;,j
l
~
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
HOUSING AUTHORITY OF THE CITY OF ENCINITAS, CA
"POLICY HANDBOOK"
Approved by Board of Commissioners: June 22, 1994
Amended by Board: November 16, 1994
Clarified for HUD: February 17, 1995
Amended by Board: November 15, 1995
~~ ~'''c-~.u;~~~;o;
t#f ~-6
j1I'o.i\'. ~.
....~.v
,~
\.".,1
~o
',I
'\\//~
"POLICY HANDBOOK"
TABLE OF CONTENTS
n~LE
PAGE
SECTION I.
ADMINISTRATIVE POLICY
. . . 1
. . . .
. . .
. . .
SECTION II. DEFINITION OF TERMS. ......... . 2
1. Agreement for Mutual Recision of Lease. . . 2
2. Allowance for utilities. .............. 2
3. Annual contributions Contract ("ACC") . . . 2
4 . Annual Income. ................... 2
5. Annual Income After Allowances .. . . . . 2
6. Applicant. ............. . . . 2
7. certificate of Family participation ... . 2
8. Child Care Expenses . . . . . . , . . . . . . . . . . 2
9. Citizenship and Immigration Status . . . . . 3
10. contract. . . . . . . . . . . . . . . . . 3
11. contract Rent . . . . . . . . . . . . . . . . 3
12. continuously Assisted Person . . . . . . . 3
13 . Dependent. ......... . . . . . 3
14. Displaced, Involuntarily. . . . . . . . . . 3
15. Eligibility Income . . . . . . . . . . . . 4
16. Fair Market Rent . . . . . . . . . . . . . . . . 4
17. Family . . . . . . . . . . . . . . . . . II 4
18. Family of Veteran or Service person. ..... . 6
19. Full-Time Student . . . . . . . . . . . . . . . . . . 7
20. Gross Rent . . . . . . . . . . . . . . . . 7
21. Hard to House Family. . . . . . . . . . . . . . . . . 7
22. Head of Family. . . . . . . . . . . . . . . . . . . . 7
23. Housing Assistance Payments Contract ("Contract") . . 7
24. Homeless Family . . . . . . . . . . 7
25. BUD. . . . . . . . . . . . . . . . . . . . . . . 8
26 . Lease. . . . . . . . . . . . . . . . . . . 8
27. Lower-Income Family. . . . . . . . 8
28. Medical Expenses. . . . . . . . . . . . 8
29. Military Service of the united States . . . 8
30. Mutual Recision. . . . . . . . . . . . . . 8
31. Mutual Recision with continued Eligibility . . . . . 8
32. Mutual Recision without continued Eligibility . . 8
33. Net Family Assets. ........ .. . . . 8
3 4 . Owner. ...... . . . . . . . . . . . . . . . 9
35. participant. ........ .,9
36. Payment Standard. . . . . . . . . 9
37. Portability. . . . .. .......... . 9
38. Remaining Member of a Tenant Family. . 9
39 . Res ident . . . . .. . . . . . . . . . . 9
40. service person . . . . . . . . . . . . . 10
41. subsidy Standards. . . . . . . . . . 10
42. Substandard Dwelling. . . . . . . . . . 10
Ii
/~:2-(,
.,
~
o
43. Suspension . . . . . . . .. . . . . . . . .. 11
44. Tenant Rent. ................... 11
45. Total Tenant Payment. . . . . . . . . . . . . . .. 11
46. utility Allowance . . . . . . . . . . . . .. 11
47. utility Reimbursement. . . . . . . . . . .. 11
45. Very Low-Income Family. . . . . . . .. 12
46. Veteran. ......... . . . . . . .. 12
47. Violent criminal Activity. . . . . . .. 12
48. Voucher Contract . . . . 12
49. Voucher. ............. .. .. 12
so. Voucher Payment . . . . . . . . . . . . . .. 12
SECTION III. CONDITIONS GOVERNING ELIGIBILITY
13
. .
A.
B.
Eligibility for Participation. . .
Eligibility for continued Participation.
13
13
. . .
SECTION IV.
APPLICATIONS AND WAITING LISTS . . .
14
. . . .
A.
B.
C.
D.
E.
F.
G.
Public Notice to Lower-Income Families
Receipt of Applications . . . . . .
Establishment of a waiting List . .
Removal from waiting List. . . . . .
Notice to Families Determined to be Ineligible
Notice to Families Determined to be Eligible
Merger and Cross Listing. . . . . .
. . .
. .
14
14
14
15
15
16
16
. . . .
SECTION V. SELECTION OF FAMILIES FOR ISSUANCE OF CERTIFICATES
OF FAMILY PARTICIPATION. . . . . . . . . , 17
A. Governing Conditions. . . . . . . . . . . . . . 17
B. Order of Preference ............. 17
C. Time and Date Sequence of Applications.. . .. 18
SECTION VI. DETERMINA'l'ION OF INCOME FOR ELIGIBILITY AND TOTAL
TENANT PAYMENT. .................... 20
A.
Procedure for Determination of Income
for Eligibility. . . . . . . .
Annual Income Sources and computation.
Total Ten~nt Payment. .........
. . .
. .
20
20
23
B.
C.
SECTION VII. DETERMINATION OF ELIGIBILITY FOR ISSUANCE OF
CERTIFICATES OF FAMILY PARTICIPATION. ......... 25
A. Procedure Governing Determination of Eligibility 25
B. verification and Documentation of Application Data 25
C. summary of Verification Data . . . . . . . .. 27
SECTION VIII. SUBSIDY STANDARDS FOR ISSUANCE OF CERTIFICATES AND
VOUCHERS OF FAMILY PARTICIPATION. ............. 28
ili
f/Jt!;;?-7
~ SEC'rION IX. ISSUANCE OF CERTIFICATE OR VOUCHER. . . . . . 29
,
A. Procedure Governing Issuance of certificate or Voucher of
Family participation. . . . . . . . . . . . . . . . 29
B. Expiration and Extension of certificate. . . . . . 31 ~~)
c. suspension. . . . . . . . . . . . . . . . . . 32
D. Progress Reports. . . . . . . . . . . . . 32
E. Payment Standard. . . . . . . . . . . . . . . . 32
SECTION X. HOLDERS OF CERTIFICATES OF
FAMILY PARTICIPATION. . . . . . . . . 33
A. Finders Keepers Policy/Where the Family Can Live. . 33
B. Assistance of Public Housing Authority . . 33
C. Family Moves. . . . . . . . . . . . . . . . . . 33
D. Portability. . . . . . . . . . . . . . . . . . 35
SECTION XI. LEASING OF DWELLING UNITS TO CERTIFICATE AND VOUCHER
HOLDERS. . . . . . . . . . . . . . . . . . . . . . 36
A. Information to Owner. . . . . . . . . 36
B. Request to ERA for Lease Approval. . . . . 36
C. Approval of Contract Rent. . . . . . . . . . 36
D. Decent, Safe, and sanitary Condition of Unit. . . . 37
E. Security Deposits . . . . . . . . 37
..~ F. Family Move Out. . . . . . . . . . . . . 38
G. Family Move out with continued
Tenant Based Assistance. . . . . . . 38
H. Approval of Lease. . . . . . . . . . . . . . 39
I. Amount of Rent Payable by The Family. . . . . . . . 40
J. Notice to Owner and Family. . . . . . . . 41
K. Owners Responsibilities and Breach of Contract 41
1. Late Fee to Owner. . . . . . . . . . . . 41
2. Owner responsibilities. . . . . . . . . . . . . 41
L. Business in Unit . . . . . . . . . . . . . . 42
SECTION XII. REEXMtINATION OF FAMILY ELIGIBILITY AND
REDETERMINATION OF INCOME. . . . . . . . . . . . . . . . 43
A.
o
B.
C.
Periodic Reexamination of Family Status
and Income. . . . . . . . . . . .
Special Reexaminations. . . . . . . . . . . . . . .
Interim Redetermination of Annual Income
and Adjustm~nt of Rent. . .
Reexamination Procedures. . . .
Notice to Family and Owner
FOllowing Reexamination. . . . . . . . . . . . . .
Termination of Payments Due
to Family Ineligibility. ............
Instances of Misrepresentation of Non-compliance by
Fami ly . . . c . . . . . . . . . . . . . . . . . . .
Annual Inspection of Unit. ............
48
the
48
49
. .
43
43
44
46
. . .
. . .
D.
E.
. . . .
. . . .
47
F.
G.
H.
Iv
JhfJ-8
..~
:> H. Annual Inspection of unit. . . . . . . . . . . . .
I. Evictions/Termination of Tenancy. . . . . . . . . .
J. Owner Term Notice . . . . . . . . . . . . . . . . .
K. Absence From unit . . . . . . . . . . . . . . . . .
L. Family Break. Up . . . . . . . . . . . . . . . . . .
SECTION XIII.
TERMINATION OF ASSISTANCE
..........
49
50
51
51
51
52
A. Termination Because of Family Action or Inaction.. 52
B. Grounds for Denial or Termination of Assistance. 52
C. ERA Discretion to Consider Circumstances. . . . . . 53
D. Requirement to sign Consent Forms. . . . . . . .. 53
E. Restriction on Assistance to Noncitizens. . . 53
SECTION XIV.
FAMILY OBLIGATIONS.
. . . .
. .
54
section XV. FAMILY SELF-SUFFICIENCY PROGRAM
. . . .
56
EXHIBITS
EXHIBIT
TITL~
V
VI
Section 8 Informal Review and Hearing Procedures
Income Limits for Section 8 Housing
Allowances for Tenant Purchased utilities
Fair Market Rents (Section 8 Existing
certificates)
Payment Standards (Section 8 Voucher Program)
Housing Authority Law
"~~A
)
-"
I
II
III
IV
.~
o
v
fI1P-f
')
'::>
"""""
v
ADMINISTRATIVE PLAN
SECTION 8 HOUSING ASSISTANCE PROGRAM
HOUSING AUTHORITY OF ENCINITAS, CALIFORNIA
SECTION I. ADMINISTRATIVE POLICY OF THE HOUSING AUTHORITY OF THE
CITY OF ENCINITAS (HUD PROGRAMS)L The Housing Authority Law of .~
the state of California, Health and Safety Code Section 34327.5,
provides that the federal agency from which the housing authority
receives funds shall h~:.,e the exclusive power to determine the
type, amount and manner of expenditure of those funds so long as
those determinations relate to the law or contract under which
the funds are received. This Administrative Plan is intended to
comply with existing HUD regulations and handbook provisions
promulgated under Section 8 of the united states Housing Act of
1937 as amended. Any variation between this Administrative Plan
and the rules and regUlations of the Department of Housing And
Urban Development shall be resolved in favor of the determination
made by HUD. Changes in HUD rules regarding the type, amount and
manner of expenditure of any funds received from HUD shall be
deemed incorporated into this Administrative Plan automatically
and staff changes to this Administrative Plan to incorporate such
HUD rules shall be deemed to have been authorized by the Board of
Commissioners unless expressly :repudiated by said Board at its
next regular meeting.
It is the intent of this provision to allow staff to comply
with HUD rules in order to facilitate the administration of these
HUD programs for the best interests of the program recipients
with the least amount of administrative disruption and controver-
sy.
In addition to the HUD regulations which this Administrative
Plan embodies, the state Housing Authority Law specifies certain
prohibited acts and certain duties which govern the activities of
the this Housing Authority to the extent that the state Housing
Authority Law is not preempted by the HUD rules, the Board of
Commissioners hereby acknowledges the mandate of the Housing
Auth()rity Law and expressly incorporated Section 34331 "Prohibit-
ed Acts" and Section 34332 "Duties of Authority" into this
Administrative Plan as Exhibit. VI.
f/1fJ-jo
"?
.......,
,.)
o
SECTION II.
DEFINITION OF TERMS.
1. Agreement for Mutual Recision of Lease. The legal
document acco~plishing the mutual recision which is signed
by both lessor and lessee and states the effective date of
the action.
2. Allowance for Utilities. An amount determined by the
ERA (see Exhibit III) as an allowance for the cost of
utilities (except telephone) and other services paid
directly by the Family.
3. Annual Contributions Contract ("ACC").a A written
agreement between HUD and the EHA to provide annual
contribution to the ERA to cover Housing Assistance Payments
and other expenses pursuant to the Act.
4. Annual Income. The anticipated total annual income of
an eligible Family from all sources before deductions for
the 12-month period following the date of determination of
income, computed in accordance with section IV.
5. Annual Income After Allowances. The annual income
less:
a. $480.00 for each dependent (see Item 13), and
$400.00 for any Elderly Family
b. Medical expenses (see Item 28) which exceed 3
percent of the annual income, and for any Elderly
Family.
c. Child care expenses (see Item 8).
6. Applicant. Designates one who has submitted an appli-
cation for Section 8 housing assistance. This application
does not create an entitlement of any i.ndividual to section
8 assistanc~.
7. Certificate of Family Participation ("Certificate"). A
certificate issued by the EHA under the section 8 Existing
Program declaring a Family to be eligible for participation
in this program and stating the terms and conditions for
such participation.
8. Child Care Expenses. Amount anticipated to be paid ~y
the Family for the care of children under 13 years of age
during the period of which annual income is computed, but
only where such care is necessary to enable a Family member
to be gainfully employed or to further his or her education.
The amount deducted shall reflect reasonable charges for
2
;11/;)- /1
j
,
child care, andt in the case of child care necessary to
permit employment, the amount deducted shall not exceed the
amount of inoome received from such employment.
9. citiz~nship and Immiqration statu~. citizen means a
citizen or national of the United states. Evidence ot
citizenship or eligible immigration status means the
documents which must be submitted to evidence citizenship or
eligible immigration status.
10. contract~ See Housing Assistance Payment Contract.
11. Contract Rent. The rent payable to the owner under his
contract including the portion of the rent payable by the
Family.
"J
12. continuously Assisted Person. An applicant is
continuously assisted under the 1937 Housing Act if the
family is already receiving assistance under any 1937
Housing Act program when the family is admitted to the
certificate or voucher program.
13. Dependent. A member of the Family household (excludiag
foster children) other than the Family head or spouse, who
is under 18 years of age or is a disabled person or handi-
capped person, or is a full-time student.
14. Displaced. Involuntarily. An applicant is or will be
involuntarily displaced if the applicant has vacated or will
have to vacate his or her housing unit as a result of one or
more of the following actions:
a. A disaster, such as fire or flood, that results in
the uninhabitablity of unit.
b. Activity carried on by an agency or U.S. or by any
state or local governmental body or agency in connec-
tion with code enforcement or a public improvement or
development program.
c. Action by a housing owner that results in applica-
tion having to vacate where the reason for the owner's
action is beyond an applicant's ability to control or
prevent.
d. Applicant has vacated his or her housing unit as a
result of actual or threatened physical violence di-
rected against the applicant or one or more members of
the applicant's family by a spouse or other member of
the household. Or the applicant lives in a housing unit
with such an individual who engages in such violence.
v
3
j/Jt)-I2-
~
The victim does not have to have a property right to
the unit where the violence occurred. The perpetrator
of the violence may not reside with the applicant
family after admission.
e. Applicant has vacated unit to avoid reprisals when
a family member has provided information on criminal
activity to the law enforcement agency and the agency
recommends rehousing the family.
f. Displacement by hate crime.
q. The unit is inaccessible when the family member has
a mobility or other impairment that makes the person
unable to use critical elements of the unit and the
owner is not legally obligated to make the necessary
changes as a reasonable accommodation to the disabled
person.
,~
h. Displacement because of HUD disposition of a multi-
family project.
15. Eliqibility Income. Eligibility/annual income includes
the higher of (1) annual income from assets; (2) if net
Family assets exceed $5,000, passbook rate set by HUD.
16. Fair Market Rent. The rent, including utilities (ex-
cept telephone), ranges and refrigerators, and all mainte-
nance, management and other services, which as determined at
least annually by HUD, would be required to be paid in order
,to obtain privately owned, existing, decent, safe, and
sanitary rental housing of modest (non-luxury) nature with
suitable amenities. separate fair market rents shall be
established for dwelling units of varying sizes (number of
bedrooms).
17. Family. Family means a group of two or more persons
related by blood, marriage or operation of law (for example,
adoption or common law), who will live regularly together in
the same dwelling unit and whose head of Family is at least
18 years of age. Family also includes income eligible
single persons, elderly or disabled single persons, as well
as the remaining member of a tenant Family. There may also
be considered as part of the Family other persons who will
live regularly as part of the Family group (including mem-
bers of the Family temporarily absent whose income and
resources are available for use in meeting the living ex-
penses of the group, and including foster children, payment
for whom is not considered Family income. Lodgers or unre-
lated persons (except foster children or person required to
care for a sick or incapacitated member of the Family) may
not be included in the Family.
;""\
"'J
4
tf() -/3
"
/
fl
II(
\)
r:>
v
a. Elderly Family. A Family as defined above whose
head or spouse, or whose sole member (1) has attained
age 62, (2) is under a disability as defined in section
23310f the Social Security Act or in section 102(5) of
the Developmental Disabilities Services and Facilities
Construction Amendments of 19702; or (3) is handicappeQ
with the meaning of section 2023 of the Housing'Act of
1959. It may include two or more elderly, disabled or
handicapped persons living together or one or mor.e such
persons living with any other person who is determined
to be essent!al to their care or well-being.
Elderly or disabled seniors, whether or not they have a
feder.al preference must be assigned before other sin-
gles.
b. The definition of "Family" does not exclude a
person living alone during the temporary4 absence of a
Family member who will later live regularly as a part
of the Family.
1 The term is there defined as "inability to engage in any
substantial gainful employment by reason of any medically determi-
nable physical or mental impairment which can be expected to result
in death or which has lasted or can be expected to last for a
continuous period of not less than 12 months"; or "in the case of
an individual who has attained the age of 55 and is blind, and by
reason of such blindness is unable to engage in substantial gainful
activity requiring skills or abilities comparable to those of any
gainful activity in which he has previously engaged with some
regularity and over a substantial periOd of time."
2 The term "developmental disability" means a disability
attributable to mental retardation, cerebral palsy, epilepsy or
another neurological condition closely related to mental retarda-
tion or which requires treatment similar to that required for
mentally retarded individuals, which disability originates before
such individual attains age 18, which has continued or can be
expected to continue indefinitely, and which constitutes a
substantial handicap to such individual.
3 A person shall be considered as handicapped if such person
is determined to have a physical impairment which (a) is expected
to be long continued and indefinite duration, (b) substantially
impedes his ability to live independently, and (c) is of such
nature that such ability could be improved by more suitable
housing.
4 The term, temporarily or temporary as used in this section,
is defined as a period of 6 months or less.
5
jhf;1-/,/
o
::)
18.
o
.- ... .
c. A person necessarily residing with a Family by
reason of employment by or far such a Family (1) to
permit the employment of a sole wage earner, or (2) for
the health and welfare of a sick or incapacitated
member of the Family, shall be considered as a member
of the Family for the purpose of determining Family
income or established rent, providing that (1) such
person maintains no other home, (2) his or her income
is available to the Family, and (3) if the person is
expected to contribute towards the Family's support.
In such cases, only that part of the income which is
over and above wages paid by the Family shall be in-
cluded. Conversely, if the person is not expected to
and does not, therefore, contribute to the Family'S
support, his or her income should not be counted.
However, the head of the household must then submit a
doctor's certificate or such other certificate as may
be deemed necessary stating that his employment is
necessary to the care and well-being of the sick or
incapacitated Family member, or to enable another
Family member to seek or obtain employment outside the
home. If the Family pays out-of-pocket for the care
provided, such payments may be deducted as unusual
medical expenses (see Item 25). Under no circumstances
will such an arrangement be continued longer than
necessary or permitted only for the convenience of the
tenant or such employee. This provision is applicable
both 'for initial occupancy and continued participation
and is not restricted to Elderly Families.
Family of Veteran or Service person.
a. A Family is a "Family of veteran or service per-
son" when:
1. The head of the Family is a veteran or ser-
vice person;
2. A member of the Family, related to the head
by blood, marriage or operation of law is a veter-
an or service person;
3. The former head of the Family is a deceased
veteran or service person provided the spouse has
not remarried; or
4. A former member of the Family; related to the
head by blood, marriage or operation of law, is a
deceased veteran or service person and was a mem-
ber of the Family at the time of death.
6
;/11,2 .;~
'?
:)
b. To qualify a Family as the "Family of veteran or
service person," the veteran or service person, unless
deceased, must be living with the Family or be only
temporarily absent unless:
1. The veteran or service person, formerly the
head, is permanently absent because of hospital-
ization, separation or desertion;
2. The veteran or service person, formerly the
head, is divorced, provided there remains in the
Family one or more persons for whose support he is
still legally or morally responsible and provided
that the spouse has not remarried; or
3. The veteran or service person, not the Family
head, is permanently hospitalized provided that he
was a member of the Family at the time he was
hospitalized and provided further there remain in
the Family two or more persons related to him by
blood, marriage or operation of law.
19. Full-Time student. A person who is carrying a subject
load that is considered full time for day students under the
standards and practices of the educational institution
attended. An educational institution includes a vocational
school with a diploma or certificate program, as well as an
institution offering a college degree.
20. Gross Rent. The total monthly cost of housing an
eligible Family, which is the same of the contract rent and
any utility allowance for the assisted unit. In the case of
rental of only a manufactured home space, gross rent also
includes the Family'S monthly payment to amortize the pur-
chase price of the manufactured home.
21. Hard to House Fami~y. Families who experience
difficulty renting appropriate housing.
22. JIea(l of Famil~ The "head of a Family" is that member
actually looked to and held accountable for the Family'S
needs.
23. Housinq Assistance Payments Contract ("Contract"). A
written contract between ERA and an owner on behalf of an
eligible Family.
24. Homeless Family. An individual/individuals who are
without housing, or residents of a recognized homeless
shelter or transitional housing facility, through no fault
of their own.
u
7
;I1f;;-/(,
~
25. ~ The united states Department of Housing and Urban
.. Development or its designee.
26. Lease. A written agreement between an owner and an
eligible Family for the leasing of an existing housing unit
in accordance with the contract, which agreement is in
compliance with the provisions of this part.
27. Lower-Income Family. A Family whose annual income is
between 50% and 80% of the median income for the area, as
determined by HUD with adjustments for sma.ller and larger
Families. ~UD may establish income limits higher or lower
than 80% of the median income for the area on the basis of
its finding that such variations are necessary because of
the prevai.ling levels of construction costs or unusually
high or low Family inco~ll.es.
28. Medical Expenses. Those medical expenses for Elderly
Families which are to be anticipated during the 12-month
period for which the annual income is computed, and which
are not covered by insurance; however, premiums for such
insurance may be included as medical expenses.
29. Military Service of the unitr:.d states. "Military
service of the United states" means only the Army, Navy, Air
Force, Marine Corps and Coast Guard. Such service does not
include Merchant Marine, Red Cross or any other organization
not actually part of the military service of the united
s1;ates.
:~
30. Mutual Recision. When the lessor and lessee agree to
completely rescind and release each other from further
responsibility in accordance with any executed lease.
31. Mutual Recision with continued Eli9ibilit~ A mutual
recision where the lessee ia reissued their certificate for
the use on another approval unit.
32. Mutual Recision without continued Eligibility. A
mutual recision where the lessee is DQt reissued their
certificate for use on another approved unit.
33. Net Family Ass~. Value of equity in real property,
savings, stocks, bonds and other forms of capital invest-
ment, excluding interests in Indian trust land.. The value
of necessary items of personal property such as furniture
and automobiles shall be excluded.
o
In cases where a trust fund has been esta.blished and
the trust is not revocable by, or under the cOlntrol of, any
member of the Family or household, the value of the trust
fund will not be considered an asset so long as the fund
8
fhI,J-/7
::>
continues to be held in trust. Any income distributed from
the trust fund shall be counted when determining annual
income under 813.106.
In determining net Family assets, ERA and owners shall
include the value of any assets disposed of by an applicant
or tenant for less than fair market value (including a
disposition in trust, but not in a foreclosure or bankruptcy
sale) during the two years preceding the date of application
for the program or reexamination, as applicable, in excess
of the consideration received therefore.
In the case of a disposition as part of a separation or
divorce settlement, the disposition will not be considered
to be for less than fair m~rket value if the applicant or,
tenant receives important consideration not measurable in
dollar terms.
34. ~nern Any person or entity, such as a cooperative or
HUD, having the legal right to lease or sublease existing
housing.
~\
'''''''~
35. Participant. A Family becomes a participant when the
ERA executes a contract with an owner for housing assistance
payments on behalf of the Family.
36. Payment Standard. The amount of the monthly maximum
~ubsidy payment on behalf of an eligible Family based on
unit size. The payment standard for the ERA is established
at 100% of Fair Market Rent.
37. Portability. Renting a dwelling unit with section 8
tenant based assistance outside the jurisdiction of the
initial housing authority.
38. Remaining Member of a Tenant Family. Person left in
assisted unit who mayor may not normally qualify for assis-
tance on own circumstances (for example, a widow, age 47,
not disabled or handicapped).
39. Resident. For the purpose of determining eligibility
and applying preference, a resident Family is one who is
currently living in the City of Encinitas, or whose head of
household or spouse is employed in the City of Encinitas or
who has accepted employment in the city of Encinitas which
will become effective within 14 days from the date of appli-
cation.
40. service person. For the purpose of applying prefer-
ence, a "service person" means a person (man or woman) in
the active military service of the United states.
v
9
f/fI:li~
~
41. subsidy standards~ standards to determine the .
. appropriate number of bedrooms and amount of subsidy for
. families of different sizes and compositions.
1\
42. Sllbstandard Dwellinq. A "substandard dwellinlglt is a
dwelling which is unsafe, unsanitary or overcrowded due to
the existence of one or more of the following conditions:
a. Location. The location of the dwelling is such
that creates a health, fire or safety hazard for the
occupants.
b. condition of structure. The condition of the
structure is such as to create serious safety or health
hazards by reason of vermin infestation or structural
deficiencies or by continuous dampness or exposure,
brought about by neglect or dilapidation.
c. Water Supply. Lack of potable running water .
within the dwelling unit.
d. Sewage system. No connection between plumbing
fixtures and adequate sewage disposal system.
e. Toilet Facilities. No flush toilet in the dwell-
ing unit, or if present, unfit for use.
~.~
...J
f. Bath Facilities. No bathtub or shower in the
dwelling unit, or if present, unfit for use.
g. Kitchen Facilities. Lack of permanent, safe and
reasonably efficient kitchen facilities with the dwell-
ing unit, including sink with running water and provi-
sions for a cooking stove.
h. Lighting Facilities. Dwelling not wired or inade-
quately wired for electric lighting.
i. Heating Facilities. Heating facilities inadequate
or unsafe.
j. Light and ventilation. Living room, bedroom or ~
kitchen with no windows, or with windows opening on an C
air shaft; or toilet or bathroom without adequate
ventilation.
k. Overcrowded. The number of persons occupying a
dwelling unit exceeds the maximum subsidy standards
(see Section VIII), or when two or more Families are
occupying a dwelling unit designed for single Family
occupancy.
o
10
tf!JJ-/c;
.-~.~~
Q
1. For the purpose of applying preferences Families
residing in SRO's shall not be qualified as residing in
substandard housing conditions.
43. Suspension. stop of the clock on the term of a
certificate or voucher for the period of time ~ecessary for
the EHA to approve/disapprove a request for lease approval.
44. Tenant Rent. (Formerly call Net Family contribution).
The amount payable monthly by the Family as rent to the
owner minus any utilities. Where all utilities (except
telephone) and other essential housing services are supplied
by the owner, tenant rent equals Total Tenant Payment. .
Where some or all utilities (except telephone) and other
essential housing services are not supplied by the owner and
the cost thereof is not included in the amount as rent to
the owner, tenant rent equals Total Tenant Payment less the
utility allowance.'
In the case of a Family renting only a manufactured
home space, tenant rent equals th~ space rental minus the
housing assistance payment 1 as defined in the applicable
program regulation.
45. Total Tenant Payment~ (Formerly called Gross Family
contribution). The portion of rent the Family is obligat.ed
to pay toward the contract rent. This amount will be re-
duced by any allowance for tenant paid utilities and servic-
es.
.:J
46. utility Allowance. If the cost of utilities (except
telephone) and other housing services for an assisted unit
is not included in the tenant rent but is the responsibility
of the Family occupying the unit, an amount equal to the
estimate made or approved by a ERA or HUD under applicable
sections of the regulations (see 24 C.F.R. SS 880, 881, 882,
883, 884 an 886) of the monthly costs of a reasonable con-
sumption of such utilities and other services for the unit
by an energy-conservative household of modest circumstances
consistent with the requirements of a safe, sanitary and
healthful living environment.
47. utility Reimbursement. In the certificate program, the
amount, if any, by which the utility allowance for the unit,
if applicable, exceeds the Total Tenant Payment for the
Family occupying the unit.
v
45. Very Low-Income Family~ A lower income Family whose
annual income does not exceed 50 percent of the median
income for the area, as determined by HUD, with adjustments
for smaller and larger Families. HUD may establish income
limits higher or lower than 50 percent of the median income
r/1I;(- :to
11
~.~.. .~ '~"""'~'r..::;7"
')
for the area on the basis of its finding that such varia-
,.tions are necessary because of unusually high or low Family
incomes.
46. Veteran. For the purposes of applying preferences, a
"veteran" means a person (man or woman) who has served in
the active military service of the United states at any time
and who shall have been discharged or released therefrom
under conditions other than dishonorable.
47. Violent criminal Activity. Any illegal criminal
activity that has as one of its elements the use, attempted
use or threatened use of physical for'ce against another
person or property of another.
48. Voucher Contract. A written contract between the Efm
and owner whereby the ERA makes voucher payments to the
owner on behalf of an eligible Family.
49. Voucher. A document issued by the ERA declaring a
Family to be eligible for participation in the Voucher
Program and stating certain terms and conditiQnsof
participation.
:)
50. Voucher Payment. Housing assistance payments made to
owners on behalf of eligible Families (voucher holders).
o.
12
fllJ ;J ~/
/)
.t:-#>f'
~
v
.
I'
/-1
SECTION III. COBDYTIONS GOYERNING ELIGIBILITY
A. Eli9ibility for Participation. To be eligible for partici-
pation in the Housing Assistance Payment Program (HAP) adminis-
tered by this Public Housing Authority (EHA) only those appli-
cants:
(--~
1. Who qualify as a Family (see section II(17)).
2. Whose Eligibility Income (see section VI), does not
exceed the applicable income limit for participation as
established by HUD (see Exhibit II). Except with the prior
approval of HUD, no Lower-Income Family other than a Very
Low-Income Family shall be approved for admission.
The applicable income limit for voucher/certificate issuance
is the income limit for the Housing Authority of the city of
Ericinitas jurisdiction. The applicable income limit for
admission (initial lease up) is the income limit for the
location where the family actually leases the unit.
3. Who do not have an outstanding validated claim for rent
and/or damages owed to a EHA or Owner relative to previous
participation in a housing program'adnl:~istered by a EHA.
B. Eliqibility for continued Participatio~ To be eligible for
continued participation in the HAP administered by this EHA only
those occupants:
1. Who qualify as a Family (see section II(17)), or who is
the remaining member of an assisted Family:
a. In the event a participant Family separates, the
Certificate for continued participation shall be issued
to the individual who has been designated by the Family
as "head of household."
2. Whose monthly Total Tenant Payment (see section II(45))
is less than the gross rent as paid to the owner for the
unit occupied.
3. Who conform to the subsidy standards (see section
VIII).
13
//1f)-J;L,
_AI!'
~ SECTION IV. APPLICATIQNS AND WAITING LISTS
A. PUblic ~otice to Lower-Income Families.
'~
~~
',-,'
o
1. This EHA shall make known to the pUblic through pUbli-
cation in a newspaper of general circulation, as well as
through minority media and other suitable means, the avail-
ability and nature of housing assistance for Very-Low Income
Families. (see Equal Housing opportunity Plan)
B. Receipt of Applications.
1. Applications which are in compliance with the EHA
advertisement are to be accepted from all Families apparent-
ly eligible for the issuance of a certificate of Family
Participation. This rule is to hold unless the number of
applicants on the waiting list for certificates is such that
there is no reasonable prospect that additional applicants
could be issued certificates within the next twelve (12)
months. In such case, application taking will be temporari-
ly suspended. The suspension of application taking will be
publicly announced by pUblication of a notice in the media
as specified in Paragraph A above. The announcement will be
utilized prior to the resumption of application taking.
2. Each application shall reflect the date and time re-
ceived, and shall be processed as set forth in section III.
3. The EHA must maintain records of applicants and par-
ticipants which provide HUD with data on race, gender and
ethnicity.
C. Establishment of a Waiting List
1. Each apparently eligible applicant Family shall be
placed on the waiting list and the file (or appropriate type
of control records) maintained in a manner so as to assure
compliance with the policies of selection set forth in
section V. Submission of an application does not create an
entitlement of any individual to section 8 Housing Assis-
tance.
2. In the event it is determined that certificates cannot
be issued to all eligj.ble applicant Families because of
limited Annual contributions Contract authorization, such
Families shall be notified of this fact and of the approxi-
mate date that a certificate may be issued, insofar as such
date can reasonably be determined.
3. The EHA may refuse to issue a certificate of Family
Participation to an applicant or participant if:
14
j#1).~
"
_ ~~~r-~
~
"~
~
'$~
V
a. The applicant or any member of his/her household
has a documented history ol destruction and abuse o~
property.
b. The applicant or any member of his/her household
has a history of criminal activity involving crimes of
physical violence to persons or property.
c. The applicant or any member of his/her household
has engaged in drug-related criminal activity or vio-
lent criminal activity as defined in 24 C.F.R. S
882.118(b)(4), or which could discredit the Housing
Assistance Payments Program.
d. The applicant or any member of his/her household
currently owes rent or other amounts to the EHA or to
another PHA in connection with section 8 Public Housing
Assistance under the 1937 Housing Act or any other
program administered by the Encinitas Housing Authori-
ty.
e. As a previous participant in the section 8 pro-
gram, or as participant in any ERA program, has not
reimbursed the EHA or another PHA for any amounts paid
to an owner under a housing aasistance contract for
rent or other amounts owed by the Family under its
lease, or for a vacated unit.
f. Has violated any Family obligations as a partici-
pant in any of the EHA's assisted housing programs.
g. Breaches or has breached a repayment agreement
with the EHA.
h. Has committed any fraud in connection with any
federal housing program participation in the family
self sufficiency program.
D. Removal from Waiting List.
The EHA may remove an applicant from the waiting list for a
failure to respond to requests for information or updates or
refusal of assistance under both certificate and Voucher
programs. The EHA updates the waiting list annually,
purging those applicants who do not respond or are no longer
interested.
E.
Notice to Families Determined to be Ineliqible
If an applicant is determined to be ineligible on the basis
of income, family composition or for any other reason, the
applicant shall be notified promptly by letter of the
15
fJ1I)-Jtf
')
",r;:'~tJ~- ~.~,
'\
-..-J
o
F.
determination and their reasons therefor. The applicant
shall be informed in the letter of their right to an infor-
mal review, if requested within 10 days from the date of the
letter, to make written or oral objections to the ERA
determination. If, after the review, the applicant is still
determined to be ineligible, the applicant shall be notified
in writing, including a brief statement of the reasons for
the final decision. The EHA shall retain for three years a
copy of the application, notice to the applicant, and the
applicant's responses.
Notice to Families Determined to be Eligible
When a certificate is available, the next Family on the
waiting list shall be notified in writing, advising its
members to contact the Housing Authority office of said
availability, and giving them no less than seven (7) calen-
dar days to schedule an appointment to complete an applica-
tion, provide required verifications and attend a briefing
on the section 8 program and issuance of certificate of
Family Participation. In the event the Family members fail
to respond within the prescribed time or fail to keep their
appointment for the completion of an application, fail to
provide required verification within the time prescribed or
fails to attend the briefing session, the application shall
be canceled, and the reason for cancellation noted on the
face of the application, including the date of cancellation,
and the initials of the EHA staff person canceling the
application. In the event the Family fails to keep any of
its scheduled appointments with qood cause, at the discre-
tion of the Assisted Programs Supervisor, the family members
may be given the option to schedule a 2nd appointment given
pripr to the next issuance of certificates.
G.
MerQer and Cross Listinq.
The Housing Authority will merge the ERA tenant-based
waiting list with other assisted housing programs including
federal or local programs. HUD program requirements still
apply to each separate housing program.
16
j!?I;J -;;;5'
~
SECTION V. SELECTION OF ~~ILIES FOR ISSUANCE OF CERTIFICATES
OF FAMILY PARTICIPATIO~
A. Governinq con4itions. Among eligible applicant Families of
the size and composition appropriate to the dwelling units
authorized in the Annual contributions contract, selection for
the issuance of certificates of Family participation shall be
made without regard to race, color, creed, religion, sex, dis-
ability, handicap or national origin; and on the basis of the
priorities as set forth in Paragraphs Band C, EXCEPT as provided
in sub-paragraphs 1 and 2 below.
1. Non-residents whose head of household or spouse are
presently working in or who have been notified that they are
hired to work in the city of Encinitas shall be treated as
residents.
2. The EHA must deny issuance of a certificate, even
though technically eligible for the program, if the Family
is not a Very Low-Income Family unless the EHA is granted a
HUD exception.
B. Order of Preference in the Selection of Families t~
Issued a Certificate/Voucher of Family Participation. (see
section II(13)). Each of the preferences carries a point value,
'~~ and all applications will be ranked by the highest number of
.~ points being given highest priority in the waiting list.
1. Irypes of Prefe+ences.
a. Federal Preferences: Applicants who are
. Involuntarily displaced (section II,13)
. Living in substandard housing including being home-
less.
. Paying more than 50% of monthly income for rent.
o
b. Ranking Preferences:
. Veteran Preference (Section II,lS) or Family of
veteran (Section II, 46),or
. Elderly or disabled, or
. Working Families, or
. Full Time Students.
c. Local Preference: Resident of or employed in the
city of Encinitas. (section II, 39)
ERA can select from applicants with a local preference
without regard to the federal preference. Only 10% of
the annual waiting list admissions can receive a local
preference. Admissions not counted against the 10%
limit are: (a) families living in HUD funded projects
such as section 236 projects; (b) a portable section 8
17
~~
')
,.,;/
"'co"""'"
1
"'w/
.0
family into the jurisdiction; (c) a non federal prefer-
ence holder when there are not federal preference
holders on the waiting list; (d) a disabled single
person or a family whose head or spouse or single
member is an elderly displaced person over a single
person who is not elderly, disabled or displaced.
Priority Order
2.
PREFERENCE
POINTS
70 or SO points
Federal Preferences: Select
one
Involuntary displacement due
to public action
other displacements, substan-
dard housing including home-
less, paying more than 50% of
monthly income for rent.
Ranking Preferences: Select
one
Families of disabled veterans
whose dlsability has been de-
termined by the Veterans Ad-
ministration to be service-
connected or families of de-
ceased veterans or service
persons whose death has been
determined by the Veteran Ad-
ministration to be service-
connected.
70
50
Maximum of 5 points
5
Families of other veterans or
service persons. (Section II-
18)
Elderly or disabled
Working families
Full time students
3
5
5
5
3. Section 8 applicants receiving tenant based HOME subsi-
die~,~ retain the federal preference applicable when they
began to receive HOME assistance.
18
f/1I)~7
j
.
Q
()
C. Timeartd Date Sequence of Applications. . In the event that
two or more eligible applicant Families requiring the same unit
size have identical preference or priority status, the date and
time sequence of applications shall govern selection with the
applicant who filed the earliest application shall be issued a
certifica~e first (subject to the provisions contained in Para-
graphs A(l) and A(2) of this section).
19
/~)~~
"1
J
o
SECTION VI. DETERMINATION OF INCOME FOR ELIGIBILITY AND TOTAL
TBNANT PAYMENT. This section sets forth the policies and proce-
dures for determining Income for Eligibility, and the Total
Tenant Payment (Rent) for Eligible Families. These policies and
procedures shall be applicable in making such determinations for
purposes of initial occupancy as well as in connection with
periodic or interim re-examinations of Family income, composition
and the extent of medical or child care expenses.
A. Procedure for Determination of Income for Eligibility. For
purposes of determining if a Family is a Very Low-Income Family,
its income shall be determined in accordance with the following
paragraphs B(l) and B(2), except that where a Family has net
Family assets in excess of $5,000, its income shall include the
actual amount of income, if any, derived from all the net Family
assets ~ the current passbook rate as established by the U.S.
Department of HUD of the value of such assets, whichever is
. greater. For purposes of this determination, Net Family Asset
means value of equity in real property, savings, stocks, bonds,
and other forms of capital investment. The value of necessary
items such as furniture and automobiles shall be excluded.
B. Annual Income Sources and Comput~tion. Annual income shall
include all payments from all sources received or anticipated to
be received during the twelve months following initial occupancy
or re-determination of Family income5 by (1) the head of the
household and spouse, and (2) each additional member of the
Family. residing in the household who is at least eighteen years
of age. Annual income shall include that of the head of the
household or spouse temporarily absent which, in the determina-
tion of the EHA is (or shall be) available to meet the Family'S
needs. Excluded in the computation of annual income sh.all be (1)
temporary, non-recurring or sporadic income.
1. Income Sources shall include, put not be limited to:
a. The gross amount, before any payroll deductions,
of wages and salaries, overtime pay, commissions, fees,
tips and bonuses, and other compensation for personal
service.
5 In making the estimate, due consideration should be given
to past recipients of income. Arbitrary assumptions or imputation
of income of periodic receipts shall be avoided, including a lump-
sum payment for the delayed start of a periodic payment. Benefits
paid on behalf of a child are considered as income accruing to the
parent.
20
. f/1/);;/7
~
.~
b. The net income from operation of a business or
profession or from rental of real or personal property
(for this purpose, expenditures for business expansion
or amortization of capital indebtedness and an allow-
ance for depreciation of capital assets not be deducted
to determine the net income from a business).
c. Interests, dividends, and net income of any kind
from real or personal property. When the applicant's
total assets exceed $5,000, the ERA will calculate the
dollar amount included in the Family's annual income
which is specifically derived from assets. In addi-
tion, if assets are greater than $5,000, 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.
~
d. ' The full amount of'periodic payments received from
social Security, pensions, retirement funds, annuities,
insurance policies, disability or death benefits and
other similar types.
e. Payments in lieu of earnings, such as unemployment
and disability compensation, workers' compensation and
severance pay (but see paragraph 2(c) of this section).
o
f. Public Assistance: such as AFSC, SSI, and General
Relief income shall include the amount of the allowance
specifically designated for shelter and utilities plus
the allowance paid directly to the recipient.
g. Periodic and determinable allowances, such alimony
and child support payments, and regular contributions
or gifts received from persons not residing in the
dwelling. Child support is considered as income accru-
ing to the parent.
h. All regular pay, special pay and allowances of a
member of the Armed Forces, except hazardous duty pay
while away from home and exposed to hostile fire,
whether or not living in the dwelling, who is head of
the Family or spouse; or other person whose dependents
are residing in the unit.
i. The amount of educational scholarships, benefits,
or grants paid to the student or educational institu-
tion which are available for or used for subsistence
purposes (see paragraph 2(d) of this section).
j. Any earned income of full-time students age 18 or
older.
21
~*
~
2. Temporary. Non-Recurrinq or Sporadic Income Not Includ-
ed in the computation of Annual Income:
a. Casual, sporadic or irregular gifts.
b. Amounts which are specifically for or in reim-
bursement of the cost of medical expenses.
c. Lump-sum additions to Family assets, such as
inheritances, insura.nce payments (including payments
under health and accident insurance and workers compen-
sation), capital gains and settlement for personal or
property losses, or for the delayed start of Social
security or SSI benefits. Such sums, however, may be
included as assets in the determination of income for
eligibility.
d. Amounts of educational scholarships paid directly
to the student or to the educational institution, and
amounts paid by the government to a veteran for use in
meeting the costs of tuition, fees, books and equip-
ment. Any amounts of such scholarships, or payments to
veterans, not used for the above purposes or which are
available for subsistence are to included in-income.
').'
/'
~
e. Student Loans, regardless of what the loan is used
for.
f. The special pay to a serviceman head of Family
away from home and exposed to hostile fire.
g. Relocation payments made pursuant to Title II of
the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970.
h. Foster child care payments.
o
i. The value of the allotment provided to an eligible
household for coupons under the Foc)d stamp Act of 1977.
j. Payments received pursuant to participation in the
following volunteer programs under the ACTION Agency:
1. National Volunteer Anti-Poverty Programs
which include VISTA, Service Learning Programs and
Special Volunteer Programs.
2. National Older American Volunteer Programs
for persons aged 60 and over which include Retired
Senior Volunteer Programs, Foster Grandparent
Programs, Older American community service Pro.'
grams and National Volunteer Programs to assist
22
~~
~
>,')
, """""';
"...
\~
,
Small Business Experience, Service Corps of Re-
tired Executives (SCORE) and Active Corps of Exec-
utives (ACE).
3. Payments to volunteers under the Domestic
Volunteer Services Act of 1973.
4. Payments received under the Alaska Native
Claims Settlement Act. .
5. Income derived from certain sub-marginal land
of the United states that is held in trust for
certain Indian tribes.
6. Payments or allowances made under the Depart-
ment of Health and Human Services' Low-Income
Energy Assistance Program.
7. Payments received from the Job Training Part-
nership Act.
8. Income derived from the disposition of funds
of the Grand River Bank of ottawa Indians.
9. The first $2,000 of per capita shares re-
ceived from judgement funds awarded by the Indian
Claims Commission or the Court of Claims or from
funds held in trust for an Indian tribe by the
Secretary of Interior.
10. subsidy allowance to recipients of SSI, in
lieu of food stamps.
C. Total Tenant Payment. Each eligible Family's Total Tenant
Payment shall be either the greater of 30 percent of net income
after allowable deductions or 10 percent of gross income.
.
Allowable Deductions:
(a) $480 for each dependent (excluding head of house-
hold or spouse).
(b) Medical expenses which exceed 3 percent of the
annual income for any Elderly Family.
23
fI11 ;;;"3::L
)
(c) Child care expenses:
:)
Amounts paid by the Family for the care of minors
under 13 years of age or for the care of disabled
or handicapped Family members, but only where such
care is necessary to enable a Family member to be
gainfully employed, or to further his or her
education, and the amount allowable as child care
expenses shall not exceed the amount of income
from such employment. Verification of child care
expenses must be provided on a Housing Authority
.' form, including name, address, social security
number and a copy of the license of the child care
provider (if license exists), must be included in
the form. Also, if the Family is entitled to file
for federal and state income tax, the amount
claimed through the Housing Authority for child
care must be reflected in the state and Federal
Tax claim for the appropriate year, if the Family
is eligible for a tax deduction for said child
care. In the event the child care expenses are in
part or whole paid for or reimbursed to the Family
by any other government agency, the amount paid
for or reimbursed to the Family shall not be
counted as a deduction in the calculation of ten-
ant rent.
~,
'~
24
fhI-;-$J
~ SECTION VII. DETERMINATION OF ELIGIBILITY FOR ISSUANCE OF
'J' CERTIFICATES OF FAMILY PARTICIEATION. This Section sets forth
the basic steps which are to be taken in obtaining and verifying
information from applicant Families for the purposes of (1)
determining whether they meet the conditions of eligibility for
participation set forth in Section IIIi (2) applying the priority
and preference requirements established in Section Vi (3) deter-
mining the size of dwelling required in accordance with Section
VIlli and (4) the rent to be charged in accordance with Exhibit
IV.
A. Procedure Governing Determination of Eligibility
1. Before issuance of the Certificate by the EHA, the
applicant will be interviewed by a staff member who will
complete the Certification of Tenant Eligibility (HUD
50058). The applicant must submit verification of all
information requested to assure that the data upon which
determination of eligibility, priority and preference sta-
tus, size of dwelling and Total Tenant Payment (rent) are
full, true, and complet~.
"""",
~
2. This Certification of Tenant Eligibility (HUD 50058)
constitutes the basic record of each applicant Family and
together with all other materials relating to the Family's
eligibility and preference rating, etc. is to be maintained
in a file for each applicant.
3. If, during the application process it is determined
that the applicant is not eligible, the applicant is to be
so informed in writing and classified as ineligible (see
~ection VI(E)). In such instances, sufficient information
to establish the fact is to be attached to the application
which is to be maintained for at least three (3) years. If
the applications received are not consistent with the public
advertisement, no written response is required.
4. All entries on the application of applicant history are
to be made in ink, indelible pencil, or typed in. Correc-
tions or changes are to be made by lining through the origi-
nal entry and entering the correct data. Such changes are
to be dated and initialed by the person recording the change
and the reas~n and authority for such changes noted in the
record.
5. The applicant is to review and sign the application.
B.
Verification and Documentation of Application Data
o
1. Verifications will be required for information submit-
ted by an applicant to assure accuracy in determining eligi-
bility, and priority, preference status, rent to be paid,
25
;fII}~ 31
~
~')
"~
~"
v
':'&~
/,r;~---".
~nd0size of dwelling required. Verifications must be cur-
\t
?c;",~Jent (no more than 60 days old). The EHA will:
a. Provide forms to applicants to assure receipt of
required information;
b. Assist the elderly, disabled or handicapped with
verifications when necessary.
2. complete accurate verification records consisting of,
but not routinely limited to, the following are tr be main-
tained:
a. Letters or other statements from employers and
other pertinent sources giving authoritative informa-
tion concerning all items and amounts of income, to-
gether with other eligibility and preference determina-
tions;
b. original or carbon copies of documents in the
applicant's possession which substantiate his state-
ments, or a brief summary of pertinent contents of such
documents signed and dated by the staff member who
viewed them;
c. Certified statements, or summary data from books
of account, from self-employed persons, and from per-
sons whose earnings are irregular, such as salesmen,
taxi-drivers, etc. setting forth gross receipts, item-
ized expenses and net income;
d. Memoranda of verification data obtained by person-
al interview, telephone, or other means, with source,
date reviewed, and the person receiving the information
clearly indicated;
e. Proof of displacement (see Section II(14)).
f. Verification of uninhabitable conditions (see
Section II(~2)).
g. Verification of residency in the City of Encinitas
(see Section II(39)).
h. verification of payment of monthly rent in excess
of 50% of monthly income.
i,. Verification of involuntary displacement (see
Section II(14)).
j. Documentation for status of citizenship or
immigration (see Section II (9).
26
f#1J-BS'
~....
:~ '
~
,)
.~
~
v
c.
Summary of Verification Da~~
1. Verification data is to be reviewed and evaluated as
received for completeness, accuracy, and conclusiveness.
Where the information received is not completely adequate in
all respects, follow-ups or new efforts to obtain ~uch
information are to be made and carried through to conclu-
sion. If during the verification process, it becomes evi-
dent that for one or more reasons an applicant is ineligi-
ble, the investigation is to be discontinued and the appli-
cant promptly notified in writing of their ineligibility and
the reasons therefore (see section IV(E)). The ERA is re-
quired to offer the applicant the opportunity to present
objections to a EHA decision denying assistance to the
applicant. However, the regulation provides that the infor-
mal review requirements for applicants does not apply to the
following types of determinations, which are properly left
to the administrative discretion of the EHA, or which are
controlled by applicable program requirements:
a. To review discretionary administrative determina-
tions by the EHAr or to consider general policy issues
or class grievances.
b. To review the EHA's determination of the number of
bedrooms entered on the certificate under the ERA's
unit size standard.
c. To review the EHA's determination that a unit
located by a certificate holder does not comply with
the HQS, or the EHA's determination not to approve the
lease for the unit.
d. To review the EHA's decision not to approve a
request by a certificate holder for an extension of the
term of the certificate.
When verification of all necessary items for each applica-
tion is completed, the certification of Tenant Eligibility
(HUD-50058) is to be completed and signed by the staff
member completing the form. This form, along with documen-
tation of verification shall be retained for HUD audit or
inspection in a file for each application or assisted Fami-
ly.
27
tfIJ;-3'
~
SECTION VIII. SUBSIDY STANDARDS FOR ISSUANCE OF CERTIFICATES AND
VOUCHERS OF FA~I~Y PARTICIPATION. Prior to issuing the
Certificate of Family participation, the appropriate dwelling
unit size for the Family will be determined by applying the
following criteria:
1. The bedroom size assigned should not require more than
two persons to occupy the same sleeping :room or liv-
ing/sleeping room. A parent shall not be required to occupy
a bedroom with an infant or child.
2. Every Family member regardless of a,ge is to be
counted as a person. An unborn child wi.ll be counted
as a person. These principles result irl the following
standards:
No of Bedroom Minimum Maximum
0 1 2
1 1 4
2 2 6
3 3 8
4 4 10
The foregoing guidelines determine the bedroom size to be
designed on the Certificate. The Family may rent a larger
dwelling provided the rent to owner plus any allowances for
utilities and other services does not f~xceed the fair market
rent for the bedroom size designated on the Certificate.
Th. Pamily may rent a smaller bedroom sima unit provided the
unit meets the st~ndards of acceptability. i.e.. .....at
least on. sl.eping room or 1ivinq/s1eeping room of apprQpri-
at. sima for each .two persons." A parent shall not be re-
quired to occupy a bedroom with an infant or child.
3. Any live-in aide approved by EHA to reside in the unit
is counted in determining unit size.
4. A family unit size for any family consisting of a
single person must be zero or one-bedroom unit unless a
live-in aide resides with the family.
5. The EHA must approve composition of the resident family
at admission and must also approve later changes in family
composition. The family must request EHA approval to add any
family member as an occupant of the unit (exception is
newborn, adoption or court-awarded custody of a child). EHA
must approve addition of a foster child or live-in aide.
v
28
f/11 )~37
')
",""
.""""
,~
-cO>
..:J
SECTION IX.
ISSUANCE OF CERTIFICATE OR VOUCHER.
A. Erocedure GoverninQ Issuance of certificate or Voucher of
F&mily Participation.
1. After a Family has been determined to be eligible and
is selected for participation, a certificate shall be pre-
pared and signed by a designated staff member. The certifi-
cate shall state the number of bedrooms approved for the
Family (see subsidy Standard, section VIII); and the Total
Tenant Payment (see section VI(C)).
2. The certificate/Voucher, along with a certificate
holder's packet, shall be presented to the Family at a
briefing session which the Family will be required to
attend. The staff person conducting the briefing program
will explain the program in detail and answer any questions
the certificate holder may have. Each Certificate/Voucher
holder's packet shall include the following:
(1) Request for Lease Approval (HUD 52517);
(2) The EHA's statement of housing quality standards
and the forms for inspection for dwelling units.
(3) Information regarding lead based paint, poisoning
hazards, symptoms, and precautions;
(4) "Fair Housing U.S.A." (HUO-63-EO(6);
(5) Information on the tenant rent, the housing
assistance payment, and the payment standard or Fair
Market Rent.
(6) The EHA's schedule of Allowance for utilities and
Other services;
(7) Housing Discrimination complaint Form (HUD-903);
(S) Information on the EHA's procedure for conducting
informal hearings for participants. This information
shall contain a general description of the procedures
for conducting informal hearings for participants in
the EHA program; including a description of the circum-
stances in which the EHA is required to provide the
opportunity for an informal hearing and how to request
a hearing.
(9) Information on the term of the certificate or
voucher and the EHA policy on extensions.
29
tIfI)-]8
'")
,."I
(10) Information on what the family should consider in
deciding to lease a unit.
(11) Informatian as to where the family may lease a
unit including portability procedures.
(12) A statement about the ERA's policy on providing
information about a family to prospective owners.
(13) HUe brochure on selecting a unit.
(14) A list of landlords known to be willing to lease
'a unit to the family.
(15) If the eamily includes a disabled person, the
family may request current listings of accessible
units.
(16) A list of the family's obligations under the
Program.
(17) A copy of the policy regarding the grounds on
which the EHA may terminate assistance.
.~
\
.J
(lS) A copy of the SUbsidy standards.
(19) A copy of the Lease Addendum (HUD 52647.3 for
Vouchers and HUD 52535.3 for certificates).
( 20) Such other items as tht~ EHA may determine should
be included.
3. The briefing session shall provide a full explanation
and time for discussion of the following:
(1) A description of how the program works, including
portability.
(2) Family and owner responsibilities under the lease
and contract;
(3) How to find a suitable unit;
(4) The general locations and characteristics of the
full range of neighborhoods in which the EHA is able to
execute contracts. The units may be inside and outside
the jurisdiction, including areas that do not have a
high concentration of poor families.
(5) Applicable housing quality standards and proce-
dures for Family and owner inspections and for their
'"
~)
30
/#1).-37
~~~
J\J
,,,',....'"
,....,;
. c ""~".
o
individual certifications of compliance with those
standards;
(6) significant aspects of applicable state and local
laws;
(7) significant aspects of federal, state and local
Fair Housing laws;
(S) Applicable Fair Market Rent, determination of
Total Tenant Payment, establishment of housing assis-
tance payments;
(9) Information regarding applicable regulations
pertaining to the portability of the Certificate;
(10) That the Family may obtain copies of the Housing
Quality standards, the contract and other pertinent
forms on request; and
(11) That the EHA will not be responsible for any
damage caused by pets.
B.
~xpiration and Extension of certificate..
1. The certificate of Family Participation shall expire at
the end of 60 days unless within that time the Family sub-
mits a Request for Lease Approval.
2. If a certificate/voucher expires or is about to expire,
a Family may submit the certificate/voucher to the EHA with
a request for an extension. The EHA shall review with the
Family the efforts it has made to find a suitable dwelling
unit and the problems it has encountered. The ERA shall
determine what advice or assistance might be helpful. If
the ERA believes that there is a reasonable possibility that
the Family may, with additional advice or assistance, find a
suitable unit, the EHA may grant one or more extensions not
to exceed a total of 60 days. The maximum amount of time a
family may hold a certificate/voucher is a total of 120
calendar days from the beginning of the initial term. If a
member of the family is a disabled person, and the family
needs an extension because of the disability, the ERA may
grant an exten~ion as a reasonable accommodation.
Expiration of a certificate shall not preclude the Family
from filing a n~w application for another
certificate/vouCher at the time the program resumes
accepting applications.
31
/#1 J -'10
-
~
C. SusRl'nsion.
stop of the clock on the term of a certificate or voucher
for the period of time necessary for the ERA to
approve/disapprove a request for lease approval.
D. Proqre~Reports.
Progress reports are required by the ERA during the extended
term of a certificate/voucher.
E. Payment Starlda.t:.d.
Because of the high rent levels in the city of Encinitas,
the payment standard has been established at 100% of the
Fair Market Rents. The Board has authorized the Executive
Director to approve changes to the payment standard based on
the annual HUD determination of the Fair Market Rent.
/"'''''\
"-)
"-""",
,)
32
IM)-'!/
~..
~
~
~
~ECTION x.
HOLDERS OF CERTIFICATES OF FAMILY PARTICIPATIONL
A. Finders Keepers Policy/Where the Family Can Live.
1. Each holder of a Certificate of Family Participation
shall be responsible for finding an Existing Housing unit
suitable to the holder's needs and desires, within the area
of jurisdiction of the Housing Authority, or as authorized
under the portability regulations.
2. A holder of a Certificate may keep the dwelling unit
that the holder already occupies, if the unit meets HUD
requirements.
3. Holder may select ~ eligible unit, including a HUD
owned unit. However, a family may not receive tenant based
assistance for housing currently assisted by state or local
rent subsidy. This does not include reduced rent from tax
credits. The EHA must inform the family both orally and in
writing that the family has the right to select any eligible
dwelling unit and an EHA owned unit is freely selected by
the family without EHA pressure or steering.
4.
Ineligible housing units are:
~ public housing
~ unit receiving project based section 8
~ homes, board and care homes
~ college or other school dormitories
~ units on penal, reformatory, medical, mental or
similar institutions
~ unit occupied by its owner. or by a person with any
interest in the dwelling unit
B. Assistance of Public Housing Authority. This EHA will
provide assistance in finding a unit for those Families who,
because of age, handicap, or other reasons, are unable to locate
approvable units. Assistance will also be provided in finding a
unit for any Family which alleges that discrimination is prevent-
ing it from locating a suitable unit.
C. Family Moves.
1. The EHA may deny eligibility to those participants who
have violated their lease under the section 8 Existing
Program.
2. If an assisted Family wishes to move, in accordance
with the lease provisions, the family must obtain approval
from the EHA. The EHA shall issue another certificate or
voucher or process a Request for Lease Approval, if the
recertification is completed and the Family meets the
following criteria:
33
~~
i~
a. The Family has no unmet financial obliqations to
the EHA or any other Housing Authority.
b. The Family has not violated its certificate of
Participation in the section 8 program.
c. The family has not moved during the past year. The
Executive Director can make an exception to this rule
on a case-by-case basis for good cause.
d. The assisted lease for the old unit has terminated
because of the EHA terminating the HAP contract for the
owner's breach, or the lease was terminated by mutual
agreement of the owner and the tenant.
e. The owner has given the tenant notice to vacate,
or has commenced an action to evict the tenant, or has
obtained a court judgement or other process allowing
the owner to evict the tenant.
f. The tenant has given notice of lease termination.
g. The Family is in compliance with the terms of the
lease.
,:)
h. The Family continues to be eligible for housing
assistance.
i. Sufficient funds are available under the ACC.
3. A Family shall not be eligible for another certificate
if it was evicted from an assisted unit in accordance with
local law and the provisions of the contact, unless the
Family has satisfied any liability to the owner and/or the
EHA.
4. The EHA may refuse to issue a certificate of Family
Participation to a Family wishing to move to another assist-
ed unit if the EHA has determined that any member of the
Family has been involved in drug-related or other criminal
activity, as defined in the Code of Federal Regulations.
5. The EHA may refuse to issue a certificate of Family
participation to a Family at the time of recertification or
move out, if it has been determined by a EHA conducted pre-
move out inspection of the dwelling unit that abuse of the
property through participant negligence exists over and
above normal wear and tear.
6. The EHA may allow a Family to receive another certifi-
cate on a conditional basis for the purpose of moving to a
.~.,,\
I
''-'"
34
/#1)- '13
~
.:)
'.'....-......"
1
"-.../
D.
new unit with continued assistance, if the Family meets the
criteria outlined in section C(2) above.
portability.
1. A family may move anywhere in the united states in the
jurisdiction of a housing authority administering section 8.
2. A family may lease a unit under portability quring the
first year after admission, if either the househe~d head or
spouse of the assisted family already had a legal residence
in Encinitas at the time the family first submitted an
application in the Encinitas' Program. However, if the
family doesn't have the right to portability, the family may
lease a unit outside Encinitas, if the EHA and the
"receiving Housing Authority" voluntarily agree to allow a
portability move.
3. The EHA will accept certification from the "initial
housing authority" unless there are changes in income or
family composition. The "initial housing authority"
determines whether the family is income eligible in the area
where the family wants to rent. If the family is moving
between certificate and voucher programs, the family must
meet income limits of the "receiving housing authority".
35
fI1I,) -'If
'),
~
.~
...."\
. I
>"...,/.
SECTION XI. LEASING OF DW~LLING UNITS TO CERTIFICATE AND
VOUCijU HOLDERS.
A. Information to Owner. The EHA will respond to inquiries
from owners who have been approached by certificate/Voucher
holders by explaining major program procedures, including lease
provisions, lease approval procedure, housing quality
inspections, contract provisions and payment procedures. The EHA
will also furnish copies of the pertinent forms.
The EHA must inform the owner that the EHA has not screened the
family's behavior or suitability for tenancy and that such
screening is the owner's rC3ponsibility. Owners are permitted
and encouraged to screen families on the basis of their tenancy
histories including such factors as:
~ payment of rent and utilities
~ caring for a unit and premises
~ respecting the rights of others
~ drug related criminal activity or other criminal
activity that is a threat to the life, safety or
property of others
~ compliance with other essential conditions of tenancy.
B. Request to EHA for Lease Approval. When a Family has found
a unit it wants and the owner is willing to lease, the Family
shall submit to the EHA a request for lease approval signed by
the owner and the Family. In addition, any further agreements
between the owner and section 8 participant must be approved by
the EHA. Failure to secure such approval could result in cancel-
lation of the participant from the program.
1. A Family become a participant in the section 8 Existing
Housing Program when the EHA executes a contract with an
owner for housing assistance on behalf of the Family.
2. Requests for Lease Approval may not be approved for a
single dwelling unit with a swimming pool, or mUlti-Family
units if a member of the household is a child/children under
the age of 12 and there exists an un-enclosed swimming pool
that is accessible to said child/children.
C. Approval of Contract Rent. The EHA shall determine whether
the contract rent is approvable.
1. If the contract rent plus any applicable allowance (see
Exhibit III) is at or below the reasonable rent and at or
below the Fair Market Rent, it may be approved.
2. Rent reasonableness shall be determined by the inspec-
tors, based on annual survey conducted by the Housing Au-
thority market analyst. The survey shall be kept by census
36
1/11;-'15"
~
,~"
"'-;-~
.' )
'~
~
track in" order to prevent higher rent being granted then
, those which are appropriate for a comparable unit in the
same neighborhood.
3. If the proposed rent plus any allowance is no more than
10 percent higher than the applicable Fair Market Rent, the
EHA may approve it on a unit by unit basis if it feel such
higher rent is justified. The ERA has authority to approve
such higher rents for no more than 20 percent of the units
authorized by an ACC. The EHA may request an extension of
this authority from HUD.
D. Decent, Safe, and Sanitary Condition of Unit. Before
approving a lease, the EHA shall inspect the unit to determine
that it is in decent, safe and sanitary condition in accordance
with 24 CFR 882.109 as amended by 982.401, 982.402, and 982.405
(Housing Quality Standards).
1. If there are defects or deficiencies which must be
corrected in order for the unit to be decent, safe and
sanitary, the EHA shall so advise the owner, utilizing the
Agency Determination form for this purpose. Before a con-
tract is executed, the unit must be re-inspected to ascer-
tain that.the necessary work has been done and the unit is
decent, safe and sanitary.
2. A report for every inspection and re-inspection under
this paragraph shall be prepared and maintained in the files
of the ERA. Each report shall specify (a) any defects or
deficiencies which must be corrected in order for the unit
to be decent, safe and sanitary, and (b) any other defects
or deficiencies, a record of which shall be maintained for
use in the event of a subsequent claim by the owner that
damages were caused during the period of occupancy by the
Family.
E.
~ecurity Deposits
The owner may collect a security deposit that does not
exceed an amount allowed by state law nor exceeds deposit
requirements for other unassisted units.
When the tenant moves out, the owner, subject to state or
local law, may use the security deposit, including any
interest on the deposit, in accordance with the lease as
reimbursement for any unpaid rent payable by the tenant,
damages to the unit or for other amounts the tenant owes
under the lease. The owner must give the tenant a written
list of all items charged against the security deposit and
the amount of each item. After deducting the amount, if
any, used to reimburse the owners, the owner must refund
37
~14 ;;-'1"
~
,rfI"
"""""
~.J
..-"-'~~'''''"
,J
promptly the full amount of the unused balance to the
tenant.
If the security deposit is not sufficient to cover amounts
the tenant owes under the lease, the owner may seek to
collect the balance from the tenant.
F. Family Move Out.
If the family moves out of the unit, the EHA may not make
any housing assistance payment to the owner for any month
after the month when the family moves out. The owner may
keep the housing assistance payment for the month when the
family moves out of the unit.
If the family terminates the lease on notice to the owner,
the family must give the EHA a copy of the notice at the
same time. If the family wants to move to a new unit, the
family must notify the EHA and the owner before moving from
the old unit. If the family wants to move to a new unit
that is located outside the initial housing authority
jurisdiction, the notice to the initial housing authority
must specify the area where the family wants to mOve.
G.
Family Move out with continued Tenant Based Assistance.
A family may move to a new unit if:
. The assisted lease for the old unit has terminated
because of the EHA terminating the HAP contract for the
owner's breach, or the lease was terminated by mutual
agreement of the owner and the tenant.
. The owner has given the tenant notice to vacate, or has
commenced an action to evict the tenant~ or has
obtained a court judgement or other process allowing
the owner to evict the tenant.
. The tenant has given notice of lease termination.
. The Family has no unmet financial obligations to the
EHA or any other Housing Authority.
. The Family has not violated its certificate of Partici-
pation in the Section 8 program.
. The family has'DQt moved during the past year.
If a participant family moves from an assisted unit with
continued tenant based assistance, the term of the assisted
lease for the new assisted unit may begin during the month
38
/III) - '11
o
the family moves out of the first assisted unit. Overlap of
the last housing assistance payment, for t~e month when the
family moves out of the old unit, and the first assistance
payment for the new units, is not considered to constitute a
duplicate housing subsidy.
The ERA may deny permission to move if the ERA does not have
sufficient funding for continued assistance.
H. ~pproval of Lease.
':)
1. The EHA shall approve the lease upon determining that
the Contract Rent can be approved, that the unit the Family
wishes to lease is in decent, safe and sanitary condition,
and that the proposed lease complies with the program re-
quirements.
(a) No otherwise acceptable unit shall be disapproved
on the grounds that it is either larger or smaller than
the size unit specified on the Family's Certificate
provided that:
(1) Undersized Unit. The dwelling unit contains
at least one sleeping room or living/sleeping room
or appropriate size for each two persons.
(2) Oversized Unit. The Contract Rent plus any
allowances6 does not exceed the fair market rent
for the smaller size unit as stated on the
Family's certificate, or such higher rent can be
approved by the EHA or HUD.
(i) Family Requests for Transfers to Larqer
Units. In the event a Family requests a
transfer to a larger unit due to a change in
Family composition (which the ERA must
approve except for newborn, adoption or court
awarded custody of a child), the unit into
which the Family wishes to transfer will have
a minimum number of bedrooms equivalent to
the bedroom size specified in the certificate
of Family Participation.
2. The HAP contract must be executed no later than 60 days
from the beginning of the lease term. No payments may be
made to the owner until the HAP contract is executed.
within the 60 day period HAP payments can be made
~
6 The utility and other allowances shall be for the size unit
stated on the Certificate of Family Participation.
39
I~J-'1'l
J
,
.(;
')
,,#
retroactive to the beginning of the lease.
3. The ERA must not approve a unit if:
.'........
,...)
.
the owner has been debarred, suspended or subject
to a limited denial of participation under 24 CFR
part 24.
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 and
such action is pending or the court has determined
that the owner violated the Fair Housing Act
the owner has violated obligations under a HAP
contract.
the owner has committed fraud, bribery or any
other corrupt or criminal act in connection with
any federal housing program.
the owner has a history or practices of non-
compliance with the HQS for units leased under the
tenant-based programs or with applicable housing
standards for units leased with project-based
Section 8 assistance.
the owner has a history or practices of renting
units that fail to meet state or local housing
codes, such as illegal units.
the owner has not paid state or local real estate
taxes, fines or assessments.
"
.
..
.
.
.
I. Amount of Rent Payable by The Family.
1. The EHA shall determine the amount of rent payable by
the Family to the owner, which shall be the amount of ,the
Total Tenant Payment, or the amount of such contribution
less the amount of any allowance for utilities and other
services not to be provided by the owner.
2. If the Total Tenant Payment is less than the allowance
for utilities and other services, resulting in utility
reimbursement, the EHA shall pay the difference directly to
the Family.
3. A voucher holder may pay more than the payment standard
providing they are willing to pay the difference from their
own income sources.
4. When a voucher holder pays less than the payment
standard, they receive the savings in the form of a
reduction in their contribution toward the rent, except in
no case shall they pay less than 10 percent of their total
monthly income.
....,..
'J
40
;!/'IJ-tf9
}
,..".'
~,,~
}
--'
'I",~~
-.:.-/
J.
Notice to Owner and Family.
\1
\1
II
1. Lease Disapproval. If the EHA determines that the
lease cannot be approved for any reason, including the
condition of the unit, the EHA shall so notify the owner and
the Family, utilizing the agency determination form.
2. Lease Approval.
a. Upon approval of the lease, a Housing Assistance
Payments Contract shall be prepared by the EHA and
presented to the owner for signature along with the
lease and unit inspection form.
b. I~nediately upon the return and execution of the
above documents, the ERA shall mail the lease/addendum
to lease, copy of HAP Contract and unit inspection form
to the owner, and a copy of the lease and unit inspec-
tion form to the Family.
3.
Files.
a. The EHA shall maintain files on all requests for
lease approval together with dwelling inspection re-
ports (see paragraph B) and agency dete~nination notic-
es relating to any unit with deficiencies.
b. All complaints by Families concerning compliance
by the owner with the ERA's housing quality standards
shall be retained in the ERA's files for three years.
K. Owners Responsibilities and Breach of Contract
1. Late Fee to Owner. The ERA must pay the Housing
Assistance Payment promptly in accordance with the HAP
contract. If the EHA fails to make timely payment, the EHA
may be obligated to pay a late payment fee in accordance
with state or local law. The ERA may USe only
administrative fee income or administrative fee reserve
(formerly operating reserve) to pay the fee. If the owner
claims non-receipt of HAP and ERA or contractor records show
the check was issued in a timely manner, the EHA or
contractor will issue the check no more than one time during
a six month period without a charge for reissuance. If
check must be issued more frequently, there will be a $10
charge to the owner for reissuance.
2. Owner responsibilities. The owner is responsible for
performing all the owner's obligations under the HAP
contract and the lease.
41
tI1 )-50
,
~
3. Breach of Contract. Any of the following actions by the
owner is a breach of contract:
a. Any violation of the HAP contract,
b. Owner has committed fraud, bribery or any
other cor~upt or criminal act in connection with
any federal housing program,
c. Owner has failed to comply with regulations
for applicable mortgage insurance or loan program,
d. Owner engaged in drug trafficking.
4. Remedy for Breach of contract. EHA will abate HAP
payments until breach corrected, as for HQS failures. ERA
will terminate HAP payments for othe~' breaches, such as drug
trafficking.
L. Business in unit
Legal prOfit-making activities in the unit are allowed
to encourage work and earnings by assisted families,
provided the use of the unit for business purposes is
incidental to the primary use of the unit for residence
by the family. Owner consent is not required.
However, the owner may attach 'Uhouse rules" that
restrict or govern business activity in the unit.
~ Business cannot violate related City codes nor HQS.
I
".,I
,1j
'f
.~"'""
J
42
fh'IJ-SI
~
o
o
SECTION XII. REEXAJtINATION OF FAMILY ELIGIBILITY AND REDETERMI-
NATION~ INCOME.
A. Periodic Re~xamination of Family status and IncomeL To
assure that a Family continues to remain eligible for Housing
Assistance Payments and to make appropriate adjustments in the
rent paid by the Family, the reexamination of Family income,
composition, and extent of exceptional medical and other child
care expenses shall be made by the EHA at least annual~ from the
effective date of the lease.
After the Family's eligibility status and annual income have
been redetermined, such action as necessary may be taken (see
Paragraph D for procedures and Paragraphs E, F, and G for actions
required). Families shall be advised of the applicable portabil-
ity regulations at the time of recertification.
B. Special Reexamination~J If at time of initial occupancy or
periodic reexamination. a Family is clearly low-income, but it is
not possible to make a reasonable accurate estimate of anticipat-
ed incoMe for the next 12 month period, the following shall
apply:
1. A special reexamination shall be scheduled 7 for speci-
fied times (either 30, 60 or 90 days) depending upon the
staff member's es'timate of time for Family' S circums'tances
to stabilize. Controls must be established to assure com-
pliance.
a. If at the time of such special reexamination, it
is still not possible to make a reasonably accurate
estimate of the FamilY's income, special reexaminations
shall continue to be scheduled and conducted until such
time as a reasonable estimate can be made for a 12-
month period.
2. For rent determination purposes, the Family's rate of
income, based on the amount expected to be received by the
Family from the date of the current determination to the
date of the special reexamination, shall be projected for a
12-month period, even 'l:.hough it is known that incom~ in such
amount or from such sources will not continue for that
period.
7 Use of special reexamination prOV~S10ns assumes that in th~
year the Contract terminates, the required periodic reexaminations
procedures will be started no later than the beginning of the third
month prior to the Contract termination date and completed prior to
the last month of the Contract Rent.
43
f/1f )- 5'2-
'~
-do'"
3. Families whose past employment has b~en sporadic or who
are on welfare, then work, then are unemployed, should not
be given a special reexamination if such an income pattern
is expected to continue, as a reasonable twelve months'
estimate of their income may be based upon past and present
rate of income.
c. Jnterim Redetermination of Annual Income and Adjustment of
~ No adjustments to Family's Total Tenant Payment are to be
effected between dates of periodic ~eexaminations or pre-sched-
uled reexaminations (as set forth in paragraph B above) except as
provided in the following subparagraph 1.
1. In addition to submitting such information as may be
required, at time of periodic or special reexamination of
eligibili.ty and redetermination of Family contribution,
Section 8 participants and certificate hold~rs are to be
required to report to the EHA within ten (10) days form the
effective day the following defined changes in Family cir-
cumstances:
~"
'-/
a. Changes Affecting Head of Household - Loss of head
of household through death, divorce or other continuing
circumstances, or addition of a Family member who in
accordance with EHA policy should become Head of House-
hold.
b. Changes Affecting Head or Spouse or Family Member
over the Age of Eighteen.
c;
(1) The loss or addition to the Family through
marriage, reconciliation, divorce, permanent
separation, death, birth, desertion and/or other
continuing circumstances;
(2) Commencement, discontinuance or change in the
amount of welfare assistance, social security,
SSI, private retirement, disability, unemployment
benefits;
(3) Entry into or discharge from military ser-
vice;
(4) Unemployment for whatever reasons;
......J
(5) Employment or reemployment;
(6) Monthly increases or decreases in total
Family income in excess of $50.00; monthly
decreases in income less than $50.00 may be
considered by the Authority's office in extreme
hardship cases.
44
;111) .53
~
j
.11<'
(7) Commencement or discontinuance of other
sources of income which sUbstantially affect the
total income of the Family (to be determined by
the Eligibility/occupancy Specialist, or the
Assisted Programs Supervisor).
Reports of the above defined circumstantial changes are to
be made on or before the first rent payment period subse-
quent to the occurrence of the change. Upon receipt of such
report, an Interim Reexamination of Family income and Total
Tenant Payment will be conducted. Failure to report such
occurrence of the above defined circumstantial changes will
require retroactive charges when necessary, and may be
grounds for termination from the section 8 program.
In addition, a Family may at any time request a redetermina-
tion of its Total Tenant Payment on the basis of changes in
Family income or other relevant circumstances. If persons
related to the assisted Family move into the unit (with
owner's permission) the EHA will continue assistance only if
additional income is accounted for in the Family rent calcu-
lation, the occupancy standard are maintained including the
sleeping room provision, and any resulting increase in rent
remains with the FMR for the original size. Interim adjust-
ments will be made only as provided in Paragraphs 1 and 2
below:
€"""~
,J
2. An assisted Family who reports a decrease in income
(lasting in excess of 30 days) will be given an interim
redetermination of income. If upon verification, it is
determined that the Total Tenant Payment exceeds 30 percent
of the annual income, an appropriate adjustment shall be
made. 8
3. In the event the rent is decrease in accordance with
this provision, the Family shall be required to report all
income increases which occur prior to the rent reexamination
and rent will be appropriately adjusted.9 Reports of the
above defined circumstantial changes are to be made on or
before the first rent payment period subsequent to the
8 Use of Special Reexamination provisions assumes that in the
year the contract terminates, the required periodic reexaminations
procedures will be started no later than the beginning of the third
month prior to the contract termination date and completed prior to
the last month of the contract rent.
9 Interim adjustments will be made only if there is a minimum
$10.00 increase or decrease in the monthly Total Tenant Payment.
Data assembled at the time of the reexamination is to be filed in
'~ the folder set up for the Family.
45
1M) -5,/
.
')
.,"",
,J
'h,
........,/
-
~,
~-
occurrence of the change. Upon receipt of such report, an
interim red~termination of Family income and rent will again
be c.,onducteci.
4. The EHA will notify the Family of any change in the
Fami11' portion of rent payable to the owner and will notify
the owner of any change in the Housing Assistance Payment to
be effective according to the following:
a. Increases in rent are to be made effective the
first of th~ second month following that in which the
change occurred (retroactively if necessary).
b. Decreases in rent are to be made effective the
first of the month following that in which the change
was reported, provided that the change is reported to
the EHA no later than the 20th of the month in which
the decrease in income occurred. In cases where the
Family fails to report a decrease in income by the 20th
of the month, the change will take effect the first of
the second month ~fter the change took place. No
downward rent adjustments are to be processed until all
the facts have been verified.
I
D.
Reexamination ProceduresL
1. Application for Tenani; ~li9ibility and Recertification.
The head of household of ea-=h assisted Family is to bt.'
r.equired at the time of the reexamination to submit informa-
tion for completion of the cortification and recertification
of tenant eligibility (HUD-5005B) on a ERA form, and to sign
that form. All entries are to be made in ink, indelible
pencil, or typed in. Corrections and changes are to be made
by lining through the c.\riginal entry and entering the cor-
rect 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.
2. ~rification and Documentatio~ of Reexamination Data~
To assure that the data on which the determinations of
eligibility for rent to be paid and the size of dwelling
required are true and complete, the information submitted by
each tenant is to be verified. Complete and accurate veri-
fication records as specified in Sect~.on "IJI (B) are to be
maintained in the Family folder.
Verification data are to he reviewed and evaluated as they
are received for completeness, adequacYl and conclusiveness.
Where the information received is not completely adequate in
all respects, follow-ups, or new efforts to obtain such
inf,:)rmation are to be made and carried thI'ough to conclu-
sion. When verification of all necessary items for each
46
Jt/11). ..55'
I
')
.,.~..tl
application are completed, the certification/recertification
of tenant eligibility form is to be completed and signed by
a designated staff member. This summary is to cover the
followinq determinations and the basis for such determina-
tions:
3. Summary of Verified Data
E. Notice to Family and Owner Followinq Reexamination. within
30 days after the Family has submitted all the required informa-
tion, the EFm is to notify the Family and owner of any increase
or decrease in the amount of rent payable by the Family ~nd
housing assistance payments to the owner.
1. Overcrowded Unit. If the EHA determines that the unit
is overcrowded due to an increase in Family size, a certifi-
cate shall be issued to the Family in accordance with the
terms of the lease or upon mutual rescission of the existing
lease and the Family and the EHA shall try to find an ac-
ceptable unit as soon as possible. If an acceptable unit is
found that is available for occupancy by the Family, and the
lease with the first owner can be terminated in accordance
with its terms, the contract with the first owner shall be
terminated and Housing Assistance Payments shall be made
available to the Family for occupancy in the acceptable
unit. Housing assistance payments will not be terminated
unless the Family rejects without good reason the offer of a
unit which the EHA judges acceptable.
2. If the EHA determines that the unit is too large for
the Family due to decrease in Family size, provision of the
paragraph above apply, except that if the contract rent plus
any allowances does not exceed the fair market rent for the
.J
~
~
. ,,1t..l.\
\, )
.....
~-
a. Eligibility of the tenant group as Family or as
the residual of a Family
b. Size of dwelling required;
c. Eligibility of the Family with respect to ~ncome
limits for continued participation;
d. Extent of medical or other child care expenses;
e. Rent which Family is to pay;
f. Amount of Housing Assistance Payment;
g. Social Security Numbers for all Family members, or
certifications for Family members who do not have a
social security number.
41
;111)-5'
~
c
g
---.-. .
smaller size unit required, the Family may remain in the
. dwelH.ng occupied.
F. ~ermirU'l.tiop of Paytli;....ts DUe to Family Ineliqibilit:.y. If it
is found that the Family is ineligible for continued participa-
tion as the result of the portion of rent payable by the Family
(contract rent plus any allowances for utilities and/or equip-
ment, if any) equaling or exceeding the owner's rent for the
dwelling it occupies, the ERA shall notify the Family and the
owner of termination of Housing Assistance. Payments to the owner,
effective with a 30 day notice to the owner or expiration of the
current HAP contract, whichever occurs first (the HAP Contract
shall expire upon termination of the lease or expiration of the
ERA's ACC with the U.S. Department of HUD, whichever occurs
first).
1. This notice shall also state that such termination of
eligibility shall not affect the Family's other rights under
its lease, nor shall such termination preclude resumption of
payments as result of subsequent changes in income or rents
or other relevant circumstances during the term of the
contract.
2. If the contract terminates at such time that Family is
ineligible for payments, the contract shall not be renewed.
In addition, if six months has elapsed since the date of the
last housing assistance payment, the contract shall be
terminated even if the termination date has not yet been
reached.
G. Instances of Misrepresent~tion of Non-compliance by the
Family.
1. If it is found, upon reexamination that at the time of
issuance of the Certificate or any subsequent interim or
periodic reexamination, the Family made misrepresentations
which have resulted in their paying a lower rent than they
should, they will be required to pay the difference between
the rent they have paid and what they should have paid.
Housing assistance payments will be adjusted to reflect this
increased rental payment. Misrepresentations by the Family
shall also be grounds for termination by the EHA from the
Section 8 rental assistance program.
2. If it is found at the time of reexamination, or any
other time, that the Family has failed to report changes in
income as required after the interim adjustment lowering the
rent and such changes would have required them to pay a
higher rent, the increase rent is to be made retroactive to
the second month after the date on which the change oc-
curred. Failure to report changes in income or Family
circumstances within 10 days from the date the change took
48
If1I )-\57
-. -.
')
,l'"
place shall be grounds for termination by the ERA from the
Section 8 rental assistance program.
3. If the Family fails to comply with its responsibilities
under the certificate of Family participatiofi, the El~ may
determine the Family ineligible for further Housing Assis-
tance Payments provided that the Family has been given
reasonable notice (with a copy to the owner) and the oppor-
tunity to respond.
a. The EHA shall notify the Family and owner of such
determination.
b. Such determination shall be grounds for termina-
tion of the lease by the owner.
4. The EHA shall deny eligibility to previous program
participants for whom the EHA has processed damage, vacancy
and/or unpaid rent claim, or who have violated their certif-
icates of Family Participation. This provision does not
apply to those participants who did not violated their
certificates of Family Participation and who have fully
reimbursed the EHA such claims.
':)
H. Annual Inspection of Unit. As a condition for continuing to
make Housing Assistance Payments, the EHA requires the inspection
of each dwelling unit being assisted at least annually to assure
that decent, safe and sanitary conditions are being maintained by
the owner and that the Qgreed upon services are being furnished.
1. In the case of Families being reexamined annually, this
inspection shall be a part of the reexamination procedure.
2. If the EHA determines that the dwelling unit no longer
qualifies for the Housing Assistance Payments, the owner
shall be so notified and if he refuses to or fails to bring
the dwelling up to standard, the Housing Assistance Payments
Contract shall be terminated.
3. If the Family is still eligible in accordance with
Paragraph E of this section, and the reason the unit failed
to meet HQS was not due to tenant damage or abuse above
normal wear and tear, and the Family wishes to move to a
dwelling where it can continue to be assisted, the EHA shall
issue another certificate or process a request for lease
approval, as the case may be in accordance with section
X(C).
;
'-....../
4. The owner is not responsible for a breach of HQS that is
not caused by the owner, but is caused by the family. The
ERA may terminate assistance to a family because of HQS
breach by the family.
49
;#I) -52
~)
.:)
..""'^
'0
I.
E~ictions/Termin~tion of Tenancy.
1. For leases/tenancies entered into on or after October
1, 1981, the owner shall not terminate tenancy during the
term of the HAP contract/lease nor refuse to enter into a
new assisted lease with the same Family, except for;
a. Serious or repeated violation of the terms of the
lease;
b. Violation of federal, state or local law which
imposes specific requirements on a tenant in connection
with the occupancy or use of the dwelling unit and
surrounding premises;
c. Drug related criminal activity or violent criminal
activity;
d. other good cause.
2. The following are some examples of "other good cause"
for termination of tenancy by the landlord: failure by the
tenant Family to accept the offer of a new lease; a tenant
Family history of disturbance of neighbors or destruction of
property, or of living or housekeeping habits resulting in
damage to the unit or property; criminal activity by tenant
Family members or other persons under tenant's control; the
landlord's desire to utilize the unit for personal or Family
use or for a purpose other than use as a residential rental
unit; or a business or economic reason for termination of
the tenancy (such as sale of the property, renovation of the
unit, desire to rent the unit at a higher rental). This
list of examples is intended as a non-exclusive statement of
some situations included in "other good cause, but shall in
no way be construed as a limitation on the application of
"other good cause" to situations not included in the list.
3. The landlord may evict the tenant from the unit only by
instituting a court action. The landlord must notify the
EHA, in writing, of the commencement of procedures for
termination of tenancy"at the same time that landlord gives
notice to the tenant under state or local law. The notice
to the ERA may be given by furnishing the ERA a copy of the
notice to the tenant.
4. The EHA does not play any role in the actual eviction
process. The EHA policy, however, allows for:
a. Determination of continued Family participation in
the seotion 8 program (regardless of whether or not
there is a court "authorized" eviction),
50
#II;-6{
,
)
"''''''''
::)
,.'. '~~-',
',-",I
b. Tenant appeal process (Exhibit I), if, in fact,
tenant is denied continued program participation and
c. Determination of continued landlord participation,
based upon "findings" by the EHA. If the landlord is
guilty of any of the following "findings," the ERA may
bar future continued participation:
- Discriminatory tenant selection practices
- Claiming/collecting monies not due the owner
(i.e., rental for vacant unit, non-existent
repairs, vacancy loss, etc.)
- "Manufacturing" evidence against existing tenant
to justify "eviction action"
J. Owner Term Notice
Owner must give 90 days notice to EHA and family before
terminating the lease and HAP Contract because of business
or economic reasons ("opt-out"). The EHA must notify the
owner that the HAP Contract will terminate due to
insufficient funding (lexpiration").The HAP Contract
automatically terminates after 180 calendar days after the
last housing assistance payment to the owner.
K.
Absence from Unit
Family may be absent from the unit no more than 180
consecutive calendar days for any reason. If the absence is
due to illness, tenant is allowed up to the maximum days
dependent on a doctor's recommendation. If absence is due
to vacation or visits to relatives, the maximum time allowed
is two months.
L. Family Break Up
When a court determines the dispositio~ of property between
members of the assisted family in a divorce or separation
under a settlement or jUdicial decree, the EHA is bound by
the court's determination of which family members continue
to receive assistance. If there is no court order, then
assistance remains with the adult family members of the
original assisted unit.
51
;111)-60
cc~c/'c'
i
'')
~' SECTION XIII. TERMINATION OF ASSISTANCE
A. Termination Because of Family Action or Inaction.
1.
any
'J
~
~
~
~
Denial of assistance for an applicant may include
or all of the following:
denying listing on the ERA waiting list,
denying or withdrawing a certificate or voucher,
refusing to enter into a HAP contract or approve a
lease
refusing to process or provide assistance under
portability procedures.
2. Termination of assistance for a participant may
include any or all of the following:
'.
~ refusing to enter into a HAP contract or approve a
lease
~ terminating housing assistance payments under an
outstanding HAP contract
~ refusing to process or provide assistance under
portability procedures.
",
.J
B.
Grounds for Denial or Termination of Assistance.
1. If the family violates any family obligations under
the program.
2. If any member of the family has ever been evicted
from public housing
3. If any Housing Authority has ever terminated
assistance under the certificat~ or voucher program for
any member of the family.
4. If any member of the family commits drug-related
criminal activity or violent criminal activity.
,
"
c','
,
"
,
5. If any member of the family commits fraud, bribery
or any other corrupt or criminal act in connection with
any federal housing program.
6. If the family currently owes rent or other amounts
to the ERA or to another Housing Authority in
connection with section 8 or public housing assistance.
.:J
7. If the family has not reimbursed any housing
authority 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.
52
f/'If)" (P I
}
-"...,..
8. It the family breaches an agreement with the ERA to
pay amounts owed to the EHA or amounts paid to an owner
by the EHA.
9. If a family participating in the FSS program fails
to comply, without good cause, with t~e family's FSS
contract of participation.
10. If the family has engaged in or threatened abusive
or violent behavior toward ERA personnel or
contractors.
C. EHA Discretion to Consider circu~stances.
In deciding whether to deny or terminate assistance,
the ERA has discretion to consider all of the
circumstances in each case, including the seriousness
of the case, the extent of participation or culpability
of individual family members, and the effects of denial
or termination of assistance on other family members
who were not involved in the action or failure.
.-
. '\
)
,....,/
The ERA may impose, as a condition of continued
assistance, a requirement that family members who
participated in or were culpable for the action or
failure will not reside in the unit. The ERA may
permit the other memb~rs of a participant family to
continue receiving a~sistance.
D.
Requirement to 8i9" Consent Forms.
The ERA must deny or terminate assistance if any member
of the family fails to sign or submit consent forms for
obtaining infor!,',ation.
E. Restriction on Assistance to Noncitizens.
The family must submit required evidence of citizenship
or eligible immigration status.
,.........,
---y
53
f/YI)- 62-
'\",
"~
~ SECTION XIV. FAMILY OBLIGATIONS.
A. The family must supply any information that the ERA or
HOD determines is necessary in the administration of the
program, including submission of required evidence of
citizenship or immigration status. The information
requested for the use in regularly scheduled reexamination
or interim reexamination of income and composition must be
supplied. Social security numbers must be disclosed and
verified. All information must be true and complete.
B. The family is responsible for any violation of HQS
caused b~ the family. The family must allow the ERA to
inspect the unit.
,<)'~,
'-i .
jJ
c. The family may not commit any serious or repeated
violation of the lease.
D. The family must notify the EHA and the owner before the
family moves out of the unit, or terminates the lease on
notice to the owner.
E. The family must promptly give the ERA a copy of any
owner eviction notice.
F. The family must use the assisted unit for residence by
the family. The unit must be the family's only residence.
The members of the household may engage in legal profit
making business, but only if such activities are incidental
to the primary use of the unit as a residence for the
members of the family.
G. The composition of the assisted family residing in the
unit must be approved by the EHA. The family must promptly
inform the EHA of the birth, adoption or court-awarded
custody of a child. The family must request the ERA
approval to add any other family member as an occupant of
the unit. A foster child or a live-in-aide may reside in the
unit with EHA approval.
H. The family must not sublease or let the unit. The family
must not assign the lease nor transfer the unit.
I. The family must promptly notify the ERA if any family
member no longer resides in the unit.
J. The family must promptly notify the ERA of absence from
the unit.
K. The family must not own or have any interest in the
unit.
54
1#})-/;3
t)
L. The members of the family must not commit fraud, bribery
or any other corrupt or criminal act in connection with the
programs. Members of the family may not engage in drug-
related criminal.activityor violent cri~inal activity.
M. An assisted family, or members of the family, may not
receive section 8 tenant-based assistance while receiving
another housing subsidy for another unit or for a different
unit under any duplicate federal, state or local housing
assistance program.
,:)
-~~~'~.
\J
55
iM)~~r
~1
'::,,\
i
i
-
Housing Autfiority Reg.
Agenda 11/15/95
43-r075673":>
2 of 2
o
(j
~ section XV. FAMILY SELF-SVFfICIENCY PROGRAM
A. Purpose. The purpose of the program is to provide supportive
services which enable section 8 families to achieve economic
independence and self-sufficiency. The family and the Housing
Authority of the city of Encinitas enter into a contract which
outlines resources and services available for the family. The
family has special responsibilities under the contract. A
special escrow account i~ established with increased rents which
would have been paid to the Authority if the family's income is
increased through suitable employment..
B. Selection of Participants.
)
only section 8 participants may be selected considering the
following criteria:
1. Participants who have expressed interest.
.2. Fifty percent (50%) of the slots in the program may be
targeted to participants with one or more family members
currently enrolled or on the waiting list for one or more
FSS related service programs such as Job opportunities and
Basic Skills Training (JOBS) or JODS Training Partnership
Act (JTPA).
3. Fifty percent (50%) of the slots will be based on the
date the family expressed interest.
4. FSS families moving to the Housing Authority of the City
of Encinitas' jurisdiction (portables) will be selected for
the FSS program based on criteria selec'cion.
5. If a family previously participated in the FSS program
with either the Housing Authority of the City of Encinitas
or another authority and was terminated from the Program,
the family may not be selected for participation a second
timtO.
6. If the family owes the Housing Authority of the City of
Encinitas money in connection with Section 8 assistance,
they may be denied participation in the FSS Program.
7. Families shall be selected without regard to race,
color, creed, religion, sex, disability, handicap or
national origin.
C.
Terminating FSS and Section 8 Assis~ADQa.
..J
1. committing program fraud, such as misrepresentation of
income, assets, and deductions; misrepresentation of family
composition; or illegal activity, i~ grounds for termination
56
f/4; ~~
"
')
from the section 8 programs and the FSS program. withholdinq'
service ~s not an option for,the above families.
2. If the head of the FSS family does not seek and maintain\i
employment as specified in the FSS contract of particip~tion
or never finds employment during the contract'~ five year
term, the family has not met its FSS obligations and will
terminated from the FSS program and the section 8 assis-
tance.
3. section 8 Informal Hearing Procedures will apply to the
families terminated from the Family Self SUfficiency
Program.
"
~
...J
//
-,."
"
".......,i
57
/IYI; -~"
1
EXHIBIT I
SECTION 8 INFORMAL REVIEW AND HEARING PROCEDURE
)
INFORMAL REVIEW FOR APPLICANTS
If an applicant is determined to be ineligible on the basis of
income, family composition or for any other reason, the applicant
shall be notified promptly by letter of the determination
including the reasons. The applicant shall be informed in the
letter of their right to an informal review, if requested within
10 days from the date of the letter, to make written or oral
objections to the EHA determination.
The review shall be conducted by any person or persons designated
by the EHA, other than the person who made or approved the
decision under review or a subordinate of this person.
If, after the review, the applicant is still determined to be
ineligible, the applicant shall be notified in writing, including
a brief statement of the reasons for the final decision. The ERA
shall retain for three years a copy of the application, notice to
the applicant, and the applicant's responses.
I
INFORMAL HEARINGS FOR PARTICIPANTS
::J 1. When a hearing is ~equired.
The EHA must give a participant family an opportunity for an
informal hearing to consider whether the following EHA decisions
relating to the individual circumstances of a participant family
are in accordance with the law, HUD regulations and ERA policies:
a. A determination of the family's annual or adjusted income,
and the computation of the housing assistance payment.
b. A determination on the appropriate utility allowance.
c. A decision to deny or terminate assistance on behalf of the
participant because of the family's action or inaction.
d. A determination that a certificate Family is residing in a
unit with a larger number of bedrooms than appropriate under the
EHA standards together with the EHA's denial of the Family's
request for an exception from the standards.
~. A determination of the family unit size under the ERA
subsidy standards.
f. A determination to terminate assistance because the
participant family has been absent from the assisted unit for
'0
I-58
/114 ). {,7
~ longer than the maximum period permitted under EHA pOlicy. and HUD
rules.
~~/>
. '1
,~
The ERA must give the opportunity for an informal hearing under
items c,d,f above before the EHA terminates housing assistance
payments for the family.under an outstanding HAP contract.
2. When a hearing is not required.
The EHA is not required to provide the family an opportunity for
an informal hearing for any of the following:
1. Discretionary administrative determinations by the ERA.
2. General policy issues or class grievances.
3. Establishment of the EHA schedule of utility allowances.
4. An EHA determination not to approve an extension or
suspension of a certificate or voucher term.
5. An ERA determination not to approve a unit or lease.
6. An EHA determination that an assisted unit is not in
compliance with HQS. (However, the EHA must provide the .
opportunity for a hearing on a decision to terminate assistance
for a breach of the HQS caused by the family.
7. An EHA determination that the unit is not in accordance with
HQS because of the family size.
8. A determination by the EHA to exercise or not to exercise any
right or remedy against the owner under a HAP Contract.
3. Procedure.
The ERA must notify the family promptly, in writing, that they
may ask for an explanation of the basis of the EHA determination,
and if they do not agree, the family may request an informal
hearing on the decision. The family must submit, in writinQ, a
request for an informal hearing within ten (10) working days of
receipt of their notification of the termination. The written
request is not subject to any formal format, but must include a
statement as to why the decision is unfair and r.mat relief is
sought by the applicant/participant.
The informal hearing shall be conducted by an agency-appointed
Hearing Officer. The Hearing Officer will not have made or
approved the decision utlder review or be a subordinate of this
person.
The family must be given the opportunity to 'examine before the
hearing any EHA documents thr-t are directly relevant to the
hearing. The family must be allowed to copy any such document at
the family's expense. If the ERA does not make the document
available for examination on request of the family, the EHA may
not rely on the document at the hearing.
...t~
'\
~j
I-59
/111)- b ~
.
>~ The EHA must be given the opportunity to examine at the ERA or
contractor's offices any family documents that are directly
relevant to the hearing. They must be provided this opportunity
before the hearing. The ERA must be allowed to copy any such
documents at their own expense. If the family does not make the
document available for examination, the family may not rely on
the document at the hearing.
The family may, at its own expense, have an attorney or other
representative.
This is a non-judicial hearing, so no formal procedure need be
followed. It is the discretion of the Hearing Officer as to how
the hearing is to be conducted. However, it shall be tha respon-
sibility of the Officer to insure the adequate information is
brought and that the order of the hearing goes accordingly. The
Officer will always identify the session (parties resent, date,
time and place), and read the initi.al agency determination which
prompted the hearing. The Officer is to make pertinent notes and
acknowledge material and testimony needed to make a reasonable
determination. (The need for a tape recording and transcript of
tha proceedings shall be at the discretion of the Hearing Offi-
cer). However, a request by the Family for a taping to be done,
will be honored.
"'~.,.....\
,
.-/
The family has the right to present evidence and question all
witnesses. Evidence may be considered without regard to
admissibility under the rules of evidence applicable to jUdicial
proceedings.
4. Decision.
The decision~ in writing, shall be issued by the Hearing Officer
and shall briefly state the reasons (applicable federal
regulations and program guidelines) for the particular determina-
tion. Factual determinations relating to the individual
circumstances of the family shall be based on a preponderance of
the evidence presented at the hearing. A copy of the decision
shall be sent to the Family by certified and first class mail,
return receipt requested within five (5) working days after the
conclusion of the hearing. If the landlord is to have a notice
of the decision, it shall not contain the entire determination;
but only the final decision "summary."
.J'
1-60
;l1f). bi
/J
(,
""") EXHIBIT II
-.,....."" INCOME LIMITS FOR CITY OF ENCINITAS
1995/96
Persons in Household Very Low (50% of Median)
1 $15,900
2 $18,150
3 $20,450
4 $22,700
5 $24,500
6 $26,350
7 $28,150
8 $29,950
9 $31,800
10 $33,600
',)
.,.,'.... ,<
\
'J 1-61
/11'1)-10
)
...;
EXHIBIT III
UTILITY ALLOWANCES
,.......,
'\
,,"';'1
"~-\
'J
1-62
;114)~ 71
, u
(;
) "
EXHIBIT IV
,,,,.. FAIR MARKET RENTS
FY 1996
Effective Oct. 1, 1995
Ii
1/
BEDROOM SIZE FAIR MARKET ~t\EN'1'S
-
Efficiency $473 illo..--..
-
One Bedroom $541
Two Bedroom $677
-
Three Bedroom $940
Four Bedroom $1109
t
.
I
J/
,:)
!
...{.......\
'"J 1-63
/111; f:2-
"
" " -'
? EXHIBIT V
PAYMENTS STANDARDS
VOUCHER PROGRAM
1995-1996 Program Year.
Effeotive sept. 1995
BEDROOM SIZB PAYMBNT STANDARD
Effioienoy $473
One Bedroom $541
Two Bedroom $677
Three Bedroom $940
Four Bedroom $1109
4".)
-/
r""""
\
V 1-64
tfI/)-13
,
!
~
,":V..-
,~
,.2;
,,;\ 1:\(7,
,,'-"'_~~'I/
'-~,.:~_, {r
=~=~.
.-' ,-M-:'
..;~-~~ '
, ~,' ~ ')t; lil}fJ,'/i';;
;, -':':1n.;':)f,:1~:
'l'I~..t'I.:.
f I J, Jj ..re' ~l f ,:\~
CITY OF ENCINITAS
AGENDA REPORT
HOUSING AUTHORITY
Meeting Date: November 15, 1995
TO:
Board of Commissionen
VIA:
Lauren M. Wasserman
Secretary of the Boar
,
FROM:
Community Development Department LA4..-
Sandra L. Hoider, Community Development Director ~ r -
Lynn Brown, Housing and Grants Coordinator ~-
SUBJECT:
Consider whether to authorize Executive Diirector to enter into contracts with two members of
the A~quisitionlRehabilitation Project development team - (1) the Cuatro Corporation as the
Rehabilitation Project Manager, and (2) a Master Appraisers Institute (MAl) appraiser to b~
selected by the Executive Dire(~tor based upon experience and cost.
ISSUE:
Whether to authorize Executive Director to enter into contracts with two members of the
AcquisitionlRehabilitation Project ,development team - (1) the Cuatro Corporation as the
Rehabilitation Project Manager, and (2) a MAl appraiser to be selected by the Executive Director \\
based upon experience and cost.
BACKGROUND:
At the Housing Authority Board workshop on August 29, 1995, the Board authorized staff to
proceed with the existing housing acquisition program.
ANALYSIS:
On September 27, 1995, the Board authorized a contract with Jim Williams for financial
consulting. Staff is currently working with seven realtors who are submitting proposed housing
complexes. As part of the evaluation of the complexes, a Rehabilitation Project Manager is
needed to provide a detailed review and analysis of the construction costs for rehabilitation of the
units. This needs to be perfonned prior to the potential acquisition because it will be a factor in
purchase considerations. Staffis recommending Cuatro Corporation, a construction development
H#3i
L
consulting firm in San Diego. Cuatro has worked with the City of Ese on dido, National City and
~ City Heights Community Development Corporation on low income housing rehab projects and
..:jl on the Mercado Project and Mission Terrace Apartment new construction projects in San Diego.
The service provided to the City of Escondido was very similar to our Scope of Work. The City
ofEscondido highly recommended Cuatro.
Staff obtatped names of contractors from the BIA Remodeling Referral Network and from the
realtors. Most companies were more interested in the rehab contracting than overseeing the
project. Cuatro is the only firm who submitted a proposal.
Staffwill solicit estimates from the appraisers on the list available in the City. The Executivec"
Director will select an appraiser based on their experience and the cost of services.
It is unknown how many hours will be required to complete the rehabilitation project management,
functions because the number of projects to be acquired at this time is unknown. As the
Authority will be considering a property package containing possibly as many as 4-7 complexes,
the rehabilitation evaluation could be more costly than if we were considering one or two .
cQmplexes. Cuatro Corporation costs $85 per hour for professional staff. Staff estimates a
$20,000 cap for the work.
FISCAL AND STAFF IMPACTS:
,:)
There is $21,610 remaining in the development team budget and $480,326 in the total budget.
There will be a $20,000 not-to-exceed clause in the contract with Cuatro. The Executive
Director would award the appraisal contract based on soliciting estimates from the appraisers and
would select the best rate possible.
RECOMMENDA nON:
Authorizethe Executive Director to enter into contracts with two members of the
AcquisitionlRehabilitation Project development team - (1) the Cuatro Corporation as the
Rehabilitation Project Manager, and (2) an Master Appraisers Institute (MAl) appraiser to be
selected by the Executive Director.
~J
cdlglb/srII1595.ba2 (11107195)
1/113 - Z-
A,
JI
.d'~"",
'_J
. '-""'.
,.J
CUATRO,TRI-EH'MAAC
6196e77~e:iS
P.lJ2
'~
([(.r~q~'-, !!II
~-~
0...,p .........
..~
, C'UA'f.JX 0
t (' I_ I' I) H ,\ I. L () ""
. , .
'1 11'1 ", ,'" 1 1\ 111'1"11> I 'j'-J'I' 11"-(
1770 Fourth AvenI,'
San Diego, Cali!or 1. 92101
(619) 687-7380 Offl
(619) 687-7383'jiu
CA UC. #651"'
November 6, 1995
Ms. Lynn Brown
Housing and Grants Coordinator
City of Ene in it as
50S S. Vulcan Avenue
Encinitas) CA 92024
RoE: Acquisition and Rehabilitation Consulting Services
Dear Ms. Brown:
Per our conversations) I have outlined the following scope of services and hourly fee
schedule for your review and consideration. Additionally I have enclosed Cuatro
Corporation's Firm Profile that tells you about who Cuatro Corporation is and the rojects
we have been involved in. Please read through this information and call me at your
earliest convenience.
Scope of Services
1. Pre-Construction Services
a. Provide site and building inspection and prepare a rehabilitation sea e of
work and preliminary cost estimate.
b. Review thc source of funding to identifY) if any) the constraints of the funds
(i.e.) prevailing wages, certified payrolJ, etc.).
c. Develop a bid package on behalf of the City ofEncinitas and m8n&g the
bidding process.
2. Construction Management Scrvices
a.
Prepare and negotiate contract between City ofEncinitas and the
Contractor.
/1#3-3
,
... . \.
~ b.
\ c.
d.
\
CUATRO~TRI-EH~MAAC
(,
6196e773e~
Monitor prosress and quality of work being performed by tbe Contractor a d
review for compliance to project specifications.
Review Contractor' progress billing requests and compare to actual work
completed and permitted per the contract.
Close out project by reviewing all lien releases and warranty packages on b half' of
the City of Encinitas,
Ho",ly Fe~ Scl&~du.llZ
.
Princip@1
;>"M. Scott Orrahtii'
I Michael J. Davies
Roger T. Dinsmore
Carlitos de P~ralta
585.00
Administrative Support
550.00
,:)
I hope that this information is helpful and I look forward to speaking with you soon.
Sincerely ~
A~~
President
f"""'...,.....,\,.
r
"....,if,./
;/#3 f
p.e3
o