1995-03-22 (Report)
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CITY OF ENCINITAS
AG.FiNDA REPORT
HOUSING AUTHORITY
Meeting Date: March 22, 1995
TO: Board of Commissioners
VIA: ~ec..t.ry ofth. Bo.nllE....tiv. Director
FROM: c.ommUllity Development .YIf:,rtment
Sr.ndra Holder, Director 'C'"
,Lynn Brown, Housing and Grants Coordinator
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SUBJECT:
Memorandum of Understanding (MOU) amon~ Housing Authorities in San Diego County for the
interjurisdictional administration of Section 8 Rental Certificate and Voucher Programs.
(~ ISSUE:
Whether to authorize Executive Director to sign Memorandum of Understanding.
BACKGROUND:
As part of the competition for Section 8 CertificatesNouchers in the annual Notice of Funding Availability,
the U.S. Department of Housing and Urban Development (HOD) ranks applications giving' extra points to
jurisdictions who are cooperating with other jurisdictions. The proposed MOU addresses this federal
requirement.
ANALYSIS:
The purpose of the MOU is to simplify, facilitate and standardize interjurisdictional administration oBhe
programs by eliminating cumbersome procedures which would otherwise be necessary under the "portabilityi'
requirements. The MOV includes the following items;
Portabilit)'
1. Periodically notify the other five housing authorities of families who have accrued accounts receivables.
This will help the Housing Authority of the City of Encinitas to not accept families to the program in our
jurisdiction who owe funds to other housing authorities.
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2. The housing authority issuing the certificates or the Initial Housing Authority will provide 120 days for
the family to find a unit. This provision provides a uniformity across jurisdictions.
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3.. The Initial Housing Authority will ensure that current documents are forwarded. to the Receiving Housirig
Authority and will make prompt payments of the housing assistance payment (payment to landlord) and
administrative fee.
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4. The Receiving Housing Authority will notify the Initial Housing Authority if a family intends to move or
uthe family is no longer eligible for rental assistance.
Administrative Plan~
1. An agreement that the Administrative Plan of the Receiving Housing Authority applies, that the payment
standards and security deposit requirements are similar.
2. An agreement that aU housing authorities will deny participants requests to move if applicants have a
balance due at any other housin~ authority.
3. The housing authorities agr~e to share resources such as jointuse of a Program Coordinating Committee
for the Family Self-Sufficiency Program. .
This is a MOU for only one year to be renewed annually.
The impacts of the MOU have been discussed with the potential Housing Authority Section 8 contractor,
North Coast Housing.
FISCAL AND STAFF IMPACTS:
o No fiscal nor staff impacts.
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RECOMMEND A TION:
Authorize ExecutIve Director to execute the Memorandum of Understanding.
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MEMORANDUM OP UNDERSTANDING
AMONG THE
HOUSING AUmORlTY OF THE CITY OF CARLSBAD, CAUFORNIA,
HOUSING AUTHORITY OF THE CITY OF BNCINITAS, CALIFORNIA,
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA,
HOUSING AUTHORITY OF THE CITY OF OCEANSIDE, CAliFORNIA,
HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO, CAUFORNIA,
HOUSING COMMISSION OF THE CITY OF SAN DIEGO, CALIFORNIA
for Interjurisdictiooal Administration of Section 8
Rental Cortificate and Rental Voucher Programs
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'Ibis Memorandum of UnderstaDdina (MOt]) is entered into this _day of ,
19_ by and among the Housing Authority of the City of Carlsbad, Housing Authority of the
City of Bncinltas, Housina Authority of the City of National City, Housing Authority of the City
of Oceanside, Housing Authority of the County of San Diego, and the Housing Commission of
the City of San Diego, each of which is a public body corporate and politic of the State of
California (hereinafter referred to, individually, as a "Housing Authority" and, collectively, as
~ "Housina Authorities ", for tho purpose of establishing procedures and guidelines relating to
IDterjurlsdictional Administration of the U.S. Department of Housing and Urban Development
(BUD) Section 8 Rental Certificate and Rental Voucher Programs ("Proirams").
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PURPOSE
The six geographic areas covered by the Housing Authorities are contiauous to one another and
are encompassed by one county, the County of San Diego. Therefore, the Housing Authorities
desire to collectively execute this MOU in order to promote the objective of allowing mobility
and freedom of choice for low-income families seeking housing assistance under the Programs.
This MOU is also intended to simplify, facilitate and standardize interjurisdictiol1ll,
administration of the Programs by eliminating often cumbersome procedures which would
otherwise be necessary under the "Portlbility" requircmentB.
DBFINITION OF TERM&
For the purposes of this document the following Definition of Terms have been agreed upon by
the Housiq Authorities:
A.
The tenn II Annual Contributions Contracts" (ACC) shall mean a written agreement
between HUD and a local Contract Administrator to provide: annual contributions
to COvor housing assistance payments and other expenses p~t to the Section
8 Program.
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B.
The tenn "Certificate(s) or Voucher(s)" means a Section 8 Rental Certificate(s)
or Voucher(s) issued under the U.S. Department of Housing and Urban
Development Program.
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C. The term ItReceivina Housing Authority" (Receivina> shall mean the Housing
Authority in the juriSdiction to which the fmnily wishes to move and which b not
the "Initial Housing Authority" .
D.
The term "Receiving Jurisdiction" shall mean the jurisdiction where the "Initial
Housing Authority" is not otherwise authorized to administer its Pro,rams. but
to which an eliaible family wishes to move and use the Section 8 Certificate or
V oucber issued by the "Initial Bouaing Authority".
The tenn "Housing Quality Standards" (HQS) shall mean the minimwn standards
de~ianed to protect the health and safety of tenants.
The term "Initial Housing Authority" shall mean the Housina Authority that
issued the Section 8 Certificate or V oueller.
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G. The term It jurisdiction" shall mean the geographical area of operation within
which a Housing Authority normally administers its Programs.
H. The term "Portability" shall mean the ability of a family to move from a Public
Houling Authorities' jurisdiction to another location.
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The tenn "BUD Portability Procedures" shall mean the proc<:dures required by
federal regulations governing the use of Certificates or Vouchers in jurisdictions
ofothcr public housing agencies in the absence ot a voluntary mobility
amqcment between or among the agencies.
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A. The Programs, established pursuant to the provisions of Section 8 of the U.S. Housing
Act of 1937, authorize the payment of rental subsidies to private owners of housing units
on behalf of eligible families leasing in those 'Jnits.
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B. The applicable federal resulations for the Programs, contained in 24 CFR Part 882 and
887 t ~ncourage Public Housing Authorities to provide families with the broadest
geographical choice of units, both within and outside their respective jurisdictions, and
24 CPR 887."1 provides that public housing agencies should foster a wide choice of
housing opportunities for families through inter jurisdictional mobility by developing
administrative arrangements with other public housing agencies in the same geoaraphical
area to permit voucher and certificate holders to seek housing in the broadest possible
area. Punhermote, 24 CPR 887.551 contains a IPorttbUity" provision tb&t, in the
absente of voluntary mobility arrangements between or among public housing aaencies,
require the pubUc: housing agency that has jurisdiction in the location to which an eligible
family wishes to move to accept and provide services to that family.
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OVijRVIEW
A. The Housiq Authorities are public housing agencies that are located and duly authorized
to operate as such in the' State of California.
B. Each Housing Authority has entered into an Annual Contributions Contract with the
United States Department of Housing and Urban Development (HUD) to administer the
Programs, has its own geographical area within which it is authorized to administer the
Programs.
In consideration of the mutual advantages to be derived from ttds MOU, the Housing Authorities
agree to the fonowing provisions:
I. Inteljurisdictional Program Administration
A.
It'is hereby agreed that the Housing Authoritic:! will cooperate with one another
to the maximum extent possible, including shalting and exchanging information
which may be necessary for the effective implementation of this MOU. Such
information shall include, but shall not be limited to, periodic notification by each
Housing Authority indicating the families who have accrued accounts receivables,
The accounts receivable listing will consist of the name, social security number
and amount of individual accounts receivable.
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B. It is further agreed that in cases where families exercise portability options within
the area encompassed by this MOU, that the Initial Housina Authority will-issue
the Certificate of Family Participation (CFP) or Housing Voucher for an initial
period of 120 days.
C. It is further agreed that in facilitating the portability move of a family, the Initial
Housing Authority will ensure that the most current dOQUDlents needed to certify
the family arc forwarded to the Receiving Housing Authority.
D. It is further agreed that the Initial Housing Authority will make prompt payment
of the full amount of housing assistance payments made by the Receiving Housing
Authority on behalf of the family. The Initial Housing Authority will also make
prompt payment of 80 percent of its on-going adminillltrative fc~ for each unit
month that the family is receiving housing assistance in the Receiving Housing
Authority's jurisdiction.
E. It is further aan:cd that the Receivina HousiIli Authority will notify the Initial
Housing Authority of the intent of a family to make a subsequent portability move
prior to issuing a CFP or Housing Voucher.
F.
It is further agreed that the Receiving Housing Authority will immediately notify
the Initial HousinS Authority when a portable family in the Receiving Housina
Authority's jUrisdiction is no longer eligible fo,r rental assistanee.
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II.
Individual Housina Authority Administrative Plans - General Rule
Copir.ant of the fact that their respective Administrative Plans may not be identical in
all respects, the Housinl Authorities hereby agree that, the Administrative Plan of the
Rcccivinl HO\18iq Authority shall apply in the administration of any Cenificate or
Voucher. However, ,punUIDt to the purposes and goal8 of this MOU, where f~sible the
HOUling Authorities agree to implement the following provisions in. their individual
Administrative: Plans: .
A. YADenl Provisions
It Is hereby agreed that whenever a Ceniticate or Voucher issued by an Initial
HOUSing Authority is to be used in another jurisdiction, the administrative plan
of the Rec-.iving Housing Authority will apply.
B. Pl\YIDent StAndArdL
C.
The Housing Authorities shall exercise due diligence in adopting Payment
Standards reflective of current market conditions. Additionally, the Housing
Authorities agree that payment standards adjusted annually at 80 % to 100% of the
published FMR schedule are reasonable for the market condition.
S~~ DflDQsU f9t YQucher Holden
The Housing Authorities agree to implement as. policy the requirement for
Voucher Holders to pay one month's contract rent as a security deposit when
leasing a new unit.
D. Denial of Moves or Admission
The Housing Authorities agree to deny participants requests to move or issue a
CFP or Housing Voucher to applicants who have a balance due on a receivable
account with any of the other Housing Authorities.
E. Family Self..Sufficiency shared resources
To the extent possible, the Housing Authorities agree to share resources
developed in support of the Family Self-Sufficiency Program. Items shared
include but are not limited to, joint use of a Program Coordinatins Committee
(FCC), materials developed, ideas or strategies used to better serve the clients,
available community resources and information obtained from other resources.
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COQ,pel1Uxe Wai~n, Lilt
The HousiDI Authoritie~ agree to notify applicants who do not live or work~j
within their jupsdiction, of the existence of a Housioa Authority ,whose
Jurisdiction covers the araa in which the applicant lives or works. Further. the
Authorities a,ree to offer the applicant the choice of:
1. Transfcniq the application to the HousiDl Authority within the
appliclJlt's jurisdiction for the purpose of being placed on the waitiDIlist
with the orilinal date and time of application; or
2. Remaining on the waitiq list of the HOUline Authority where the
orilinal application WIS made; or
3. Remainina on the waiting Jist of ~ Housing Authorities.
m. ~OU Limitations
This MOU is intended solely for the Programs and for DO other programs which may be
administered by the Housing Authorities. This MOU shall not conflict with nor prejudice
federal regulations regarding "Portability" under the Programs as they relate to oti1er
public housing agencies not participating in this MOU.
IV. Transitio~ Period for Initial Iml'lementation of MOll
Upon execution of this MOU, the Housing Authorities shall undertake the necessary
procedures In order to comply with the provisions of this MOU. This transition period .
shall not exceed one (i) year from the execution of this MOU.
V. Tennination o( Participation
A. It is hereby agreed that a Housing Authority may tenninate its participation in the
MOtT at any time by giving at least sixty (60) calendar days written notice to the
other Housing Authorities. The termination of participation in this MOU by one
Housing Authority shall not tenninate the entire MOUand the MOU shall
continue among or between the remaining Housing Authorities. In such instance.
only the jurisdictions of. tM remaining Housing Authorities wiII be covered by
this MOU. '
8.
Any Cenificates or Vouchers of the Housing Authority which terminates its
participation under this MOU which am, on the date of such termination, subject
to this MOU shall thereafter be subject to the HUD Portability Proccclures. The
Housing Authorities shallt'!ce the necessary steps to put the HUD Portability
Procedures Into effcct for such Cenificates or Vouchers within. reasonable time, .
not to exceed one hundred twenty (120) calendar days, after such termination of
participation.
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Term of MOQ
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The term of this MOU shall be for one (1) year from the date that it is first entered Into
aDd shall thereaflat ~ automatically renewed on a' year-ta-year basis Wltil this MOU is
terminated by any Housiq Authority pursuant to Section V aboveo~ ~t~l1 of d1e
Houtm, Authorities consent. to its termination, in which event Paragraph. b"",Z Settlon
V above shall apply to all of the Certificates and/or Vouchers of each of the Houains
Authorltie.s that arc then outstanding. If only one HOUlinS Authority wilhesto terminate
its participation, Paragraph A of Section V, above shall apply.
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'9 NOW I 11IEREFORE. as. the Governi.ng Official of each of the Housing Authorities has duly
authorized, and in witness of the foregoing. the Housing Authorities hereby execute this
Memormbun of Undentanding.
Evan E. Becker, Housing and Redevelopment Date
Dlrec:tor City o~ Carlsbad Housina Authority
Lauren M. Wasserman, Executive Director Date
City of Encinitu Housina Authority
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Paul Desrochers, Executive Director Date
Community Development Commission of the
City of National City
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Rich'w V. Goodman, Housina Director
Oceanside Community Development Commission
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Edward Baker, Acting Deputy Director Housing
Authority of the County of San Diego
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Elizabeth Morris. Executive Director
San Diego Housing Commission
Date
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