1994-06-22
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CITY OF ENCINITAS
IIOUSING AUTllORITY
REGULAR MEETING AGENDA
505 South VUloan Avenue
Enoinitas, california 02024
wednesday, JunQ 22, 1994, 6100 P.M.
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H1. Approval of Minutos of neqular Meeting 5/25/94 and Opeo!al Workshop
H..ting G/14/94. Contaat PerSOD' City Clerk Pool.
S1ifFF RECOMMENDA TION.' Appu}v(! IIlllllltes.
· ~-LE. D Rnl'T ·
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Information Items -- No discussion or action to be taken
ORAL COHftEUTS (MAXIMUM OF THREE MINUTES pen PERSON) WILL DB H8ARD FROM
PEOPLE WHO SUBMIT A ~ SPEAl(ER SLIP TO THB CITY CLERK. THE LAW
) PRECLUDES THE BOARD FROM TAKING ACTION JPOH SUCH NO~nAGENDA ITEMS. THE
ITEMS WILL BB REFERRED TO TdE CITY HANA~ER. ~IME DONATIQNS ARD NOT
PE~ITTED Fon O~L COMMUNICATIONS.
RE(;tJLAR AGENDA
In. consider Administrative Plan, Sftction 0 Housing Assistanco payments
Program and Adoption of Resolution 94-07 Approving tho Plan.
Contact Person: Housing Coordinato~ Brown.
STAFF RECOMMENDA TION.' Adopt Resolutioll 94-07.
L'tEl\'lS JtEMOVED FROM...,..,IIE CO~SENT CAldlliDJ\]~ BY THE.. BOARD
DOARD I DISTBICT MA~~ACiER REPOR1:
An.l0J.IBNMEN:[
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~lTY OF ENCINITAS
IJOUSING AUTIIORITY
REGULAR l\1EETING AGENDA
Bnainitau, calito~nia 9202.
Wodneaday, June 22, 1994, 6100 P.M.
~~Ol~l, CALL
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Called to order at 6:36 P.M.
All members present.
c
HIS to clo.. and adopt the conaant calendar. 5-0
H1. Jb~rov.:J....2 e ft
~1J/'.. contact Persona cl.tY~ool~
STAFF RECOMMENDATION: Approve minutes.
None.
.
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~lIY':'CO..J.HS:GIt;':'1\f~T1NG::::}\G~NDA
.............................. ......................... '.'...........-. ......'. .,.... ..... ...'.' .'.-........ ,.. .. ....... '........'...............'..............
None.
112. consider l\~minintrati va t.lan. Section 9 UO'asinq Assistanco Pavmsnt!.
'proqram and ~~option 0'1 Resolution 94-07 ~~Drovinq tl\e Plan.,
contact ,erson: Housinq coordinator Brown.
STAFF RECO,\IMENDI. TIONo' I.dopt Rt!sollllioll 94-07.
MIS to approve staff recommendation. 5-D
[[f;MS ttEMOVED~F~QM. 'rllE CONSE~T CALENDAR BY 1:UE BOAR))
None.
BOARD 1 nlSTRICT I\fANAGI~R REI)OR1:
None.
ENT
Adj~urned at 6:39 P.M.
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kllNUTES OF ENCINITAS HOUSING AUTHORITY REGULAR MEETll'1G
MAY 25, 1994, 7.'()() P.M., 505 SOUT11 VULCAN AVENUE
Chairperson Hano callod the meeting to order at 12:13 A.M.
Present: Chairperson nano, Board Members James Bond, John Davis,
chuck DuVivier, and Maura Wiegand.
Absent: None.
Also Secretary Warden, Assistant Board Attorney Krauel, Deputy
Present: Board Clerk Cervone, AssistallC Board Manager Benson,
Community Development Director Holder, f;enior oftice
Specialist Greene.
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C&slli!UMl ADOPTION
1.
ApDr~val of. MinutefJ t 04/27/94 Regular Meeting. OS/U/'.
BDeoial Worksho~ Meetinq. contact Person: CJtv cler~pou~
STAFF RECOAIA1ENDATJON: Ilpprove minutes.
Wioqand moved, Davis secondod to c10s8 and .ldopt the Consent
Calendar. Motion carried. Ayes: Bond, Davis, DUVivier, Ilal!o,
Wieqandl Naya: None.
ITEMSJillMOVED FROM Tlffi CQNSEm CAl,E~A R n
l-lone.
ORaL CCM.MlJ~J(~ATIONS
None.
OS/25/94 Reg. Mtg.
Page 1
Mtg. #94-
, Bk. #1, Page
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OS/25//94 Reyular Mee'~in9
2.
n!IIClUlJwn of 1I0\!sin~ _P~oqrG for -U,!G bAr ~o~
~Ilot ....PeJ;'@OIJ I Jfou!!&.D9 ooor~Drowl1 L
COl1ll1luni.:y Development Director Holder stated the Five Year Plan
r~ceived in the aqenda paoked would neud discussion and requested
that the Board set a time for a speoial meetinq to review tho Plan.
There was BOII,rd consenuUS to hold a special meet!nq in the
afternoon. The Board said t.hey would check their oalendar.s and
decide on a date for the special meeting.
III -,z,
1fieqand moved, DUVivier seoonded to approve the staff
reaollllllendation aontinue the item to a speaial meetinq at whioh time
aon.ider adoption of the Pive Year Plan and authori.e staff to
imploment the plan. Motion -'arried. Ayes, Bond, Davis, DUVivier,
HftDO, Wieqandl Nays: None.
· tEJillMmE
None.
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Jl.O~RD/DISTBJ.c.I.A1AllAG~R REPORT
None
AW.mlBLiMIlli:[
Chairperson HanD declared the meetinq adjourned at 12:16 A.M.
Gail Hano, Chairperson
V OS/25/94 Reg. ~ftg.
Page 2
Mtg. #94-
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MINUTES OF ENCINITAS HOUSING AU11IORlTY SPECIAL WORKSHOP
JUNE 14.1994.3:00 P.M.. 505 SOUTH VULCAN AVENUE
Meeting 0.11e4 by notice pursuant to G. C. Beotion 5495'.
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Chairman HlIno clllled the meetinq to order at 3:07 P.M.
Present: Chairperson Hano. Board Members James Bond. John Davis,
Chuck DUVivier, and Maura Wiegand.
Absent I None.
Also Secretary Warden. Board Clerk Pool. Community Development
Present: Director Holder. HOUSing and Grants Coordinator Brown.
Senior Office Specialist Greene.
There being a quorum present. the meetinq was in order.
· mANcE
REGllL.~
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ConqideratiQIl of Pivo Year l\ct~on Plan ImnlementbllJ Vax:w.
lI!/ll!!.1l1lJ P ~o9'f.l!lgs · Contac t Perso.!! : _ Koqsincr alld Grany
Co~natorJBrow~
Housinq and Grants Coordinator Brown said the purpose of the
workshop was to provide options within the context of the proposed .
Five Year Action Plan.
/;/-3
Ms. !3rown qave an overview of the various Housing Programs in
~lation to families. senio~. assisting in home owne~hip and
aSSisting the homeless.
Ms. Brown intrOduced ConSUltant Roland Camfield who briefed the
Board regarding financing related to the program.
Board Member Wieqand suggested finding a more suited nomenclature
than Single Room Occupancy.
Wiegand moved, Bond seconded to adopt the Five Year Action Plan and
its goals. Hotion oarried. Ayes I Bond, DaVis, DUVivier, Hano,
Wieqandl NAYS: None.
....J6/14/94 Hsq. Auth. Wkshop. Page 1 Mtg. #94-__. Bk. #1. paqe
~
06/14/94 Hsg. Auth. Workshop
· ..B.EmB.I
None.
Chairporson llano declared the moeting adjourned at 4:25 P.M.
Gail Hano, Chalr~erson
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06/14/94 Hsg. Auth. Wkshop. Page 2 Mtg. #94-
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HOUSI~JG AUTHORITY OF THE
CITY OF ENCINITAS
AGENDA REPORT
rVleetlng Date: June 22, 1994
TO:
FROM:
Board of Commissioners
.. \ Murray L. Warden,
f\rJ Sucretary of the Board
Community Development 9tpartment
Sandra Holder, Dlroctor ~ n.
Lynn Brown, Housing and Grants CoordInator tV:"
VIA:
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Consider Administrative Plan, Section 8 Housing Asslstanc.e Payments Program and
adoption of Resolution 94-07 approving the Plan.
JSmlf:..i
::~1) Whether to approva r~esolutlon 94-07 adopting Administrative Plan.
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On January 26, 1994, the Crty Council established the Housing Authority. On February
23, 1994, the Board adopted bylaws and a seal. On April 27, 1994, the Board approved
a Conflict of Interest Code and a personnel policy.
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The Section 8 Housing Assistance Program requires the Housing Authority to have a plan
for the administration of the progran..
The proposed plan covers occupancy I"egulatlon~ inclUding tenant eligibility and selection,
leasing terms and contracts, and eviction requirements.
Other housing units which the Housing Authority might own would not fall under the
Section 8 Administrative Plan. A separate less restricting plan would be developed for the
administration of these projects.
~~
cd/glb/sr042794.hal (4/14/94)
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There are no ascal 'nor staff Impacts with adoption of the plan.
.
Approve Resolution 94-07 to adopt Adm',,'stratlve Plan, Section 8 Housing Assistance
Payments Program.
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cd/glb/sr042794.hal (4/14/94)
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RESOLU'l'ION NO, 9/.-07
OF TilE HOUSING AUTHORITY OF TilE CITY OF EUCINIT1\S
ADOPTING AN ADMINISTRATIVE PLAN
r.~.)
WHEREAS, .. staff has prepared an Adlftinistrative Plan in
compliance with the Housing Authority Law of the state of Cali-
fornia which incorporates the applicable rules and regulations of
the United states Department of Housing and Urban Development
promulgated pursuant to Section 8 of the United states Housing
Act of 1937 as amendedl and
WHEREAS, the Board of Commiesioners has determined that the
adoption of said Administrative Plan is required by the United
states Department of Housing and Urban Development in order to
participate in the rental housing assistance program known as
"Section 8" t.,hich includes the voucher program 1 and
WHEREAS, the Board of Commissioners has determine~ that it
is in the best interests of the city of Encinitas and the Housing
Authority of the City of Encinitas to adopt said Plan.
NOW, THEREFORE, BE IT HEREB! RESOLVED by the Housing Author-
ity of the City of Encinitas as follows:
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"222.17
SECTION 1. The Administrative Plan for the Section 8 Housing
Assistance Payment program as presented by Staff is hereby
adopted and Staff is authorized to implement said plan in accor-
dance with its terms. It is understood that EXhibits II, III, IV
and V referred to in thfl Administrative Plan will be furnished by
HUD at the time the Section 8 rental assistance program is
funded. Those EXhibits, bp.inq elements of the fund.lng itself,
are authorized to be incorporated in this Administrative Plan in
accordance with their then terms as they are obtained fro~ HOD.
SECTION 2. This resolution shall take effect immediately.
Da~ed: Jun~ -It, 1994
ATTEST:
HOUSING AUTdORITY OF THE CITY
OF ENCINITAS
By:
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Secretary
By:
w
Chair
H;J-3
U"OLICY HANDBOOK"
~
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
}lOUSING AUTHORI'I'Y OF THE CITY OF ENCIUITAS, CA
(_-4)
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Incorporates Applicable Requirements and Responsibilities to the
Voucher Program (see Section XIII) And Homeless Existing Section 8
certificate~ (see section XIV)
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"POLICY HANDBOOK"
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Administrative Policy
Sectjon U
Definition of Terms
1. Adjustm$ntof Standards
2. Agreement for Mutual Recision of Lease
3. Allowance of utilities and Other Services
("Allowance" )
4. Annual ContrJ.butions Contract ("ACe")
5. Annual Income
6. Annual Inoome After Allowances
7. Applicant
8. Certificate of Family Participation
9. Child Care Expenses
10. Contract
11. Contract Rent
12. Dependent
13. Displaced
14. Eligibility
15. Fair Market Rent
16. Family
17. Family of Veteran or Serviceman
18. Full-Time student
19. Gross Rent
20. Head of Family
21. Housing Assistance Payments Contract ("Contract")
22. Homeless F~mily
23. HUD
24. Lease
25. Lower-Income Family
26. Medical Expenses
27. Military Service
28. Mutual Recision
29. Mutual Reoision with continu~d eligibility
30. Mutual Recision without continued eligibility
31. Net Family Assets
32. Owner
33. Participant
34. Payment Standard (Fair Market Rent)
35. Remaining Member of a Tenant Family
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\1222-16
06/10/94
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1
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
4
5
6
6
7
7
7
7
7
7
7
7
7
7
8
8
8
8
8
8
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8eo',.10n . II ( cO)'lt. t
36. Resident
37. Servioeman
38. S~bstandard Qwellin9
39. Tenant Rent
40. Total Tenant Payment (TTP)
41. utility Allowance
42. utility ~eimbur~ement
43. Very Low-'Income Family
44. Veteran
45. Vouoher Contraot
46. Vouoher (Free Standing)
47. Vouoher Payment
a,ectlon ill
Conditions Governing Eligibility
A. Eligibility for participation
B. Eligibility for Continued Participation
section lY
Applications and Waiting Lists
A. PUblic Notice to Lower-Income Families
B. Receipt of Applications
C. Establishment of Waiting List
D. outstandin9 Claims for Fraud
E. Notice to Families Determined to be Ineligible
F. Notice to Families Determined to be Eligible
section "-
Selection of Families for Issuance of Certificates
of Family Participation
9
9
9
to
10
10
10
11
11
11
11
11
12
12
12
13
13
13
13
14
16
A. Governing Conditions 16
B. Order of Preference in the Selection of Fanlilies
to be Issued a Certificate of Family ParticipaCion 16
C. Order of Priority 17
D. Time and Date Sequence 17
Section VI
Determination of Eligibility and Gross Family C:>ntributions 18
A.
Procedure for Determination of Income and Eligibility
18
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06/10/9'
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B.
C.
Annual Income Sources and Computation
Total Tenant Payment
18
21
s~ction v:(X
Determination of Eligibility for Issuance of CertificatGo
of Family Contributions 23
A. prooedure Gc"ernillq Determination of Eliqibility
B. Verificatioa. .lnd Documentation of Applioation Data
C. Summary of Verification Data
s.~
Occupancy standards tor Issuance of Certificates
of Family l ..rticipation
SeotJ,on :tX
Issuance of Certificate of Family ParticipatJ.on
A. Procedure Governinq Issuanca of Family Participation
B. Expiration and Extension of Certificate of. Family
Participation
Sect~on ~
Holders of Certificates of Fa~ily Participation
A. "Finders-K~epers" Policy
B. Assistance by Public Housinq Authority
C. Continued Participation when Assisted Family Moves
Sect:~on X:t
Leasinq of Dwelling Units to Certificate Holders
A.
B.
C.
D.
E.
Information to Owners
Requests to PHA for T..~~r.se Approval
Approval of Contract' n.~n':
Decent, Safa and San~tn~y Conditions of Unit
security Deposits anc. ;"':.!~ 'ceimbursement for
Unpaid Rent and'Damav~~
Payment for Vacated Un$...;..
Approval of Lease
Amount of Rent Payable by the Family
Notice to Owner and Family
F.
G.
H.
I.
HI
f/~.7 ..
23
23
25
26
28
28
29
31
31
31
31
33
3:J
33
33
33
34
35
36
37
38
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\1222-16
06/10/94
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Sectj.on XII
Reexamination of Family Eligibility and Redetermination
of Income
A. Periodic Reexamination of Family status and Income
B. special, Reexaminations
C. Interim Redetermination of Annual Income and
,Adjustment of Rent
Of' Reexamination Procedures
E. Notice of Family' and Owner Following Reexamination
F. Termination of Payments Due to Family Inoligibility
G. Instances of Misrepresentation or Non-Compliance
by the Family
H. Annual Inspection of unit
I. Evictions/Te1~ination of Tenancy
section XlIt
Special Requirements and Responsibilities Applicable
to the Voucher Program
Section X!V
Special Requirements and Responsibilities Applicable
to the Homeless Certificate Allocation
E-XHIBI't
I
II
III
IV
~
TJ:~I&
V
VI
Section 8 Informal Hearing Procedures
Income Limits for Gection 8 Housing
Allowances for Tenunt Purchased Utilities
Fair Market Rents (Section 8 Existing
Certificates
Payment standards (Section 8 Voucher Program)
Housing Authority Law
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\1222-16
06/10/94
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39
39
40
42
43
44
44
45
46
48
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ADMINISTRATIVE PLAN
SECTION 8 HOUSING ASSISTANCE PROGRAM
HOUSING AUTHORITY OF ENCINITAS, CALIFORNIA,
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SECTION',: I. 0 S G"",.',;r>;.:,:.:",O'
g,TY at ENCI~J:TAS(Jl9Dt>>.ROG~ 'Th~ Housing Authorit.y'Law of
the St~te of California, 'Heali:hand'S,afety Cod~ Section 34327.5,
provides that the fede~al aqency>fromwhich the housinq:authority
receives funds shall have the exclusive power to determine ,the
type, ,amount and manner of expenditure of those fundsso'lonq as
those determinations relate to the ,law, or, contract:;underwhich
the funds' are receivod. This Administrative Plan is intended to
comply'withexisting HUD regulations and handbook provisions
promulqated under Section 8 of the United States HoUsinq Act of
1937 as amended. Any variation between this Administrative Plan
and the rules and regulations of the Department of Housing And
Urban D~velopment shall be resolved in favor of the determination
made by HUD. Changes in HUD rules reqardinq th9 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.
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\1222-'6
061'0194
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 Housinq 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 Housinq
Authority Law and expressly incorporated Section 34331 "Prohibit-
ed Acts" and Section 3433~ "Duties of Authority" into this
Administrative Plan as Exhibits VI.
;+)-'7
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SECTION II.
l2EE.INITION OF TERl4S.
1. A9justment standard. The amount allowed by HUD, gener-
ally adjusted annually, and established by the PHA as the
basis for providing adjustments to voucher payments.
2. Aareement for MYtual Recision of Lease. The legal
document accomplishing the mutual recision whic~ is signed
by both lessor and lessee and states the effect1ve date of
the action.
3. Allowance for TJ.t..t.lities and O~jler Services ( "Allowarlc-
es"~ An amount determined by the Pf~ (see Exhibit III) as
an allowance for the cost of utilities (ex~ept telephone)
and other services paid directly by the Family.
4. Annual Contd:lbutions Contract ("ACC")---&.. A written
agreement between HUD and a PHA to provide annual contribu-
tion to the PHA to cover Housing Assistance Payments and
other expenses pursuant to the Act.
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\1222-16
06/10/94
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s. . Annual~Income. The anticipated total annual income of
an eligible Family from all sources before deductions for
the 12-month periOd following the dat~ of determination of
income, computed in accordance with Scction I'~
6. Annual Income After Al1owances. The annual income
less:
'.
a. $480.00 for each dependent (see Item 12), and
$400.00 for any Elderly Family
b. Medical expenses (see Item 25) which exceed 3
percent of the annual income, and for any Elderly
Family.
c. Child care expenses (see Item 9).
7. Annl!cant. Designates one who has submitted an appli-
cation for Section 8 housing assistance. This application
does not create an entitlement of any individual to Section
8 assistance.
8. Cer~ificat--fl of Famtly ParttciDation (ItCertiUcate~ A
certificate issued ):,y the PHA under the Section 8 Existing
Program declaring a Family tu be eligible for participation
in this program and stating the terms and conditions for
such partiCipation.
9. ~ld Care Exnenses. Amount anticipated to be paid by
the Family for the care of children under 13 years of age
}l-J-/o
f)
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 ~hall reflect reasonable charges for
child care, and, in the case of child care necessary to
permit employment, the amount deducted shall not exceed the
amount of income received from such employment.
10. cont~ct_ 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. .
12. Denendent. A member of the Family household (excluding
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.
1'). D.!splaced '.
a. a Family displaced or about to be displaced by
public action.
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\1222-16
06/10/94
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b. a Family displaced or about to be displaced by a
natural disaster so declared by the President, Goverllor
or their designee.
c. a Family displaced or about to be displaced by an
individual disaster relative to a dwelling that renders
the dwelling uninhabitable.
d. a Family residing in a substandard dwelling that
is uninhabitable, condemnable and in violation of local
health and safety codes.
14. ~ility 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.
15. Fair Market~Rent. The rent, including utilities (ex-
cept telephone), rang~s and refrigerators, and all mainte-
nance, managenlent and other services, \o/hich as determined at
least annually by HUD, would be required to be paid in order
to obtain priv~tely 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).
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16. Familv~' Family means a group of two or more persons
related by blood, marriage or operation of'law*, who will
live regularly together in the samedtotellinq unit and whose
head of Family is at least 18 years of age. Family inQludes
a single person in the case of an" Elderly Family or dis-
placed Family, 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 members of the Family temporarily absent
whose income and resources are available for use in meeting
the living expenses of the group, and including foster
children, payment for whom is not considered Family income.
Lodgers or unrelated 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.
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
233'of the Social Security Act or in section 102(5) of
the Developmental Disabilities Services and Facilities
Construction Amendments of 19702; or (3) is handi-
capped with the meaning of Section 2023 of the Housing
1 The term is there defined as "inability to engage in any
substantial gainful.employment by reason of any medicallydetermi-
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 impl-oved by more suitable
housing.
4
W222-16
06110/94
f/)-~
t~
Act of 1959. It ~ay include two or more elderly,
disabled or handicapped persons livinq toqether or one
or more such persons living with any other person who
is determined to be essential to their care or well-
being.
b. The definition of "Family" does not exclude a
person living alone during the temporary' absence of a
Family member who will later live regularly as a part
oe the Family~ t..
c. A. personned~~~~rilY residing with c{FamilYby
reason pf employme,:nt by' or for such ,a, Fa~ily ",C1.l,to
permit t~e employm~J'1tof a solewaqe earner,or.,\,(2) for
the_health~.and welfare ,of a sick or incapacitated_,
member of~th~ famil;.y, shall be considered as :a.: mEnnber
of the Family'+for~the purpose ofdetermining.'.F8Illily
income or~stabli~hE!d.rent, proviaing' that (~l:}spch
person maJ.ntains i1~ 'other, home I ( 2) his or her.:t~.ncome
is available to the Family, arid (3) if the per~'9n is
expected to contribute towardst~~Family's ~~~port.
In such cases, ,only _ that part o~-;i.the income .wh~~h is
over and above..waqes paid by' thE!: Family shall/be in-
cluded. Conversely,.if the person is not expected to
and does not, therefore, cont.ribute 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 orsl1ch other certificate .as may
be deemed necessary stating that his empl'oyment'1s
nece~sary 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 expenseG (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.
Fami~v of Vete~an or Serviceman.
a. A Family is a "Family oi veteran or serviceman"
when:
........ )
. ~"':':,.,
17.
,..)
4 The term, temporarily or temporary as used in this sec.tion,
is defined as a period of 6 months or less.
5
\1222-16
06/10/94
;/)-/3
,r)
1. The head of the Family i.s a veteran or ser-
vioeman;
2. A member of the Family, related to the head
by blood, marriage or operation of law is a veter-
an or serviceman;
3. The former head of the Family is a deceased
veteran or service~an provided the spouse has not
remarried; or
.
.
.
1..-- .
i /"'~.~}
,
.
.
4. A former member of the Family, related to the
head by blood, marriage or operation of law, is a
deceased veteran or serviceman and was a member of
the Family at the time of death.
b. To qualify a Family as the "Family of veteran Or."
serviceman," the veteran or serviceman, unless de-
ceased, must be living with the Family or be only
temporarily absent unless:
1. The veteran or serviceman, formerly the head,
is permanently absent because of hospitalizatlon,
separation or desertion;
2. . The veteran or serviceman, 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 serviceman, 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.
18. lYll-Time Student~ A person who is carrying a sUbjact
load that is oonsidered full time for day students under the
standards and practices of the educational institution
attended. An educational institution includes a vocational
school with a divloma or certificate proqram, as well as an
institution offering a college degree.
19. Gross~ent. 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.
.~
6
"222'16
06/10/94
;1-;"/1
r-')
20. Head of FamilYJ The "head of a Family" is that member
actually looked to and held accountable for the Family's
needs.
.....,",
I
"'''\ll''''
21. HousiOcr Assistance PaYments Contract ( "Contract "l-t.. A
written contract between PHA and an owner on behalf of an
eligible Family.
22. Homeless Fn~ilv. An individual/individuals who are
without housing, or residents of a recognized homeless
shelter, through no fault of their own.
23. ffUD., The United states Department of Housing and Urban
Development or its desiqnee.
24. 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.
25. Lower-Income~ A Family whose annual income is
between 50% and 80t of the median income for the area, as
determined by HUD with adjustments for smaller and larger
Families. HUD may establJ,sh income limits higher or lower
than 80t of the :nediau income for the area on the basis of
its finding that such variations are necessary because nf
the prevailing levels of construction costs or unusu~lly
high or low Family incomes.
26. Medical EXDenses. Those medical expenses for Elderly
Families which are to be anticipated duri~,~ the 12-month
period for which the annual income is com~uted, and which
are not covered by insurance; however, premiums for such
insurance may be included as medical expenses.
27. Hilitarv Settice of tbe United 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
States.
"
.J
7
\1222-16
06/10/9'
28. Mutual Recision_ When the lessor and lessee agree to
completely rescind and release ea~h other from further
responsibility in accordance with any executed lease.
29. Mutual Recision ttltn Conttnued Eliqibilitv. A mutual
recision where the lessee ia reissued their Certificate for
the use on another approval unit.
!I;r/S'
,~
10 . ..,
30. Jtfutua~"necision Wit}lout continue4,JJ.iqi..t!.UJ..tv. A
mutual reoision where the lessee is not reissued their
Certifioate for use on another approval unit.
31. Net Fam1iy Assets. Value of equity in real property,
savings, stocks, bonds and other forms of capital invest-
ment, exoluding interests in Indian trust land. The value
of neoessary items of personal property such as furniture
and automobiles shall be exoluded.
In cases: where a trust fund has been, established' and
the trust is not revocable by, or under the control 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
oontinues to be held in trust. Any income distributed from
the trust fund shall be counted when determininq annual
inoome under 813.106.
Indetennining net Family assets, PRA's and owners
shall include the value of any assets disposed of by an
applicant or tenant for less than fair market value (includ-
ing a disposition in trust, but not in a foreolosure or
bankruptcy sale) during the two years preoeding the date of
application for the program or reexamination, as applicable,
in exoess 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 market value if the applicant or
tenant receives important consideration not measurable in
dollar tems.
32. Owner. Any person or entity, inclUding a cooperative,
having the legal right to lease or sublease existing hous-
ing.
33. PartioipantL A Family becomes a participant when the
PHA exeoutes a contract with an owner for housing assistance
payments on behalf of the Family.
34. Payment standard (FairJ-tarket ,RentL,. The maximum
amount of the voucher payment on behalf of an eligible
Family based on Family composition; however, such payment
shall not exceed the differenoe between the cont~act and 10
percent of the Family's unadjusted inoome.
35. Rematninqjiember of a 1enant Familv. Person left in
assisted unit who mayor may not normally qualify for assis-
tanoe on own circumstanoes (i.e., widow, age 47, not dis-
abled or handicapped).
.
'. )
-
8
\1222-16
06/10/94
':)
;I;-It.
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36. ,Reslgent. 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 h6ad 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.
37. $erviceman. For the purpose of applying preference, a
"serviceman" means a person (man or woman) in the active
milita~y service of the United states.
38. &l,bstand.AnLDwel;Linc:r. A "substandard dwelling" 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 dilapi~ation.
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.
f. Bath Facilities. No bathtub or shower in the
dwelling unit, or if present, unfit for use.
q. 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.
~
9
"222-16
06/10/94
.
~~,)
j. Light and Ventilation. Living room, bedroom or
kitchen with no windows, or with windows opening on an
#;1-/7
('1
~
airshaft; or toilet or bathroom without adequate venti-
lation.
.
k. Overcrowded. The number of persons occupying a
dwelling unit exceeds the maximum occupancy standards
(see Section VIII), or when two or more Families are
occupying a dwelling unit designed for single Family
occupancy.
1. For the purpose of applying preferences Families
residing in SRO's shall not be qualified as residing in
substandard housing conditions.
..)
. '"
,......
,.
39. Tenant~ent~(Formerly call Net~dmily contribution).
The amount payable monthly by the Family as rent .to the
owner (inClUding a PHA in other programs). Where all utili-
ties (except telephone) and other essential housing services
are suppl ied by the owner, tenant rent elluals Total Tenant
Payment., Where some, or all utilities (except telephone) and
other essential housi~g services are not supplied by the
owner and the cost therEtof is not included in the amount as
rent to the owner, tencnlt rent equals Total Tenant Payment
less the utility allowance.
In the case of a Family renting only a manUfactured
home space, tenant rent equals the space rental minus the
housing assistance payment, as defined in the applicable
program regulation.
40. Total Tenant Pavment~ (Formerly called Gross Family
Contribution). The portion of rent the Family is obligated
to pay toward the contract rent. This amount will be re-
duced by any allowance for tenant paid utilities and servic-
es.
\1222-16
06110/94
41. Y1;W.ty ~llo\otan6~ ..If the cost of utili ties (el(c~pi:
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 PHA or HUD utlder applicable
sections of the regulations (see 24 C.F.R. is 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'ene~gy-conser~ative household of modest circumstances
consistent with the requirements of a safe, sanitary and
healthful living environment.
42. utility Re~mbursemen~ 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.
"~
10
/f;J-f(
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"
43. Very Low-IncomeFami~ A lowe~ income Family whose
annual income does not exceed 50 percent ot the median
income for the area~ as determined by HOD, with adjustments
for smaller and larger Families. HUDmay establish income'
limits higher or lower than 50 percent of the median income
for the area on the basis of its finding that such varia-
tions are necessary because of unusually high or low Family
incomes.
.J
11
\1222-16
06/10/94
I:)
44 · Veteran. .Forthe pU.rposes 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.
45. Voucher Contract. A written contract between the PHA
and owner whereby the PHA makes Voucher payments to the
owner on behalf of an eligible Family.
46. Voucher (Free stan4i~ A document issued by the PHA
deClaring a Family to be eligible for participation in the
Voucher Program and stating certain terms and conditions of
participation.
47. Vouc~er Payment, Housing assistance payments made to
owners on behalf of eligible Families (voucher holders).
tlJ-I!
SECTION III. C
A. 0 To be eligible for partici-
pation in the Housing Assistance Payment Program (HAP) adminis-
tered by this Public Housing Authority (PHA) only those appli-
cants: '
o
.-)
. -"u
1. Who qualify as.8 Family (see Section II(16)).
2. Whose Eligibility Income (see section: VI), does not
exceed the applicable income limit for participation as
established by MUD (see Exhibit II)~ Except with the prior
approral of HUD, no Lower-1.noome Family other than a Very
Low-Income Family shall be approved for admission~
3. Who do not have an outstanding validated claim for rent
and/or damages owed to a PHA or Owner relative to previous
participation in a housing program administered by a PHA.
B. ~ty for Cont~hueQ Particination. To be eligible for
continued participation in the HAP administe1..ed by this PHA only
those occupants:
1. Who qualify as a Family (see Section II(16)), 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 monthl~ Total Tenant Payment (see Section 11(39))
is less than the gross rent as paid to the owner for the
unit occupied.
3. Who conform to the occupancy standards (see Section
VIII).
'~J
16>
\1222-16
06/10/94
;lJ~O
B.
SECTION IV. APPLICATIONS AtiO WAITnJG LIS'l'~
A. ~JL1c Notice to Lower-ID-come F-.amilies.
1. This PHA shall make known to the pUblic through pUbli-
cation in a newspaper of general circulat.ion, as well as
through minority media and other suitable moans, the avail-
ability and nature of housing assist.ance for Very-Low Income
Families.
ReceiDtofA~Dlications.
-I, <':'::"..". ....,.~:. '.
1~ ... AP'Plta~tions which are in compliance with the PHA
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 suoh that
there is no reasonable prospect that additional applicants
could be issued Certificates within the next twelve (12)
months. In such case, application takinq will ~e temporari-
ly SUspended. The suspension of application taking will be
publicly announced by PUblication of Q ncticn iI' tho media
as specified in Paragraph A abovo. Tho announcoment will be
utilized prior to the resumption of application takinq.
,~
"
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. : J
Sl222.16
06/10194
c.
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13
;/,2..;;
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'~.,\.
a. The applicant or any member of his/her household
has a documented history of destruction and abuse of
proporty.
b. The appl icant or any member of his/her houl'ehold
has a htstory of criminal activity involving crimes of
physical violence to persons or property.
c. The applicant or any member of his/her hnusehold
has engaged in drug-related criminal activity or vio-
lent criminal activity as defined in 24 O.F.R. I
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 PHA 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-
qram, or as participant in any PHA program, has not
reimbursed the PHA or another PHA for any amounts paid
to an owner under a housing assistance contract tor
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 PHA's assisted housin~ programs.
9. Breaches or has breached a repayment agreement
with the PHA.
r)
'..J
14
\1222'16
06/10/94
h. Has committed any fraud in connection with any
~ederal housing progra~ participation in the family
self SUfficiency program.
D. outstandin9vClaimsand Frau~
1. If an applicant is determined to be ineliqible on the
basis of income, Family composition or for any other reason,
the applicant shall be notified pr~mptly by letter of their
right to an informal review, if requested within 10 days
from the date of the letter, to make a reply or explanation
as they may wish. If, after the review, the applicant is
still determined to be ineligIble, the applicant 'shall be
notified in writinq. The PHA shall retain for three (3)
years a copy of the application, notice to the applicant,
and the applicant's responses.
fl2~:J...,
(~
E.
1. If an applicant is determined to be ineligible on the
basis of income, family composition or for any other reason,
the applioant shall be notified prol'Rptly by letter of the
determination and their ,reasons therefor. The applicant .
shall be informed in the letter of th~ir right to an infor~
mal review, if requested within 10 days from the date of the
letter, to make a reply or explanation as they may wish.,
If, after the review, the applicant is still determined to
be ineligible, the applicant shall be notified in writing.
The PHA shall retain for three years a copy of the applica-
tion, notice to the applicant, and the applicant's respons-
es.
""..
......)
15
\1222-16
06/10/94
F.
'J
.
'.
"'I ..
~
. . .'.' '" '. :,i',~:.....<;,;,., ',: ..... ' ,..... .............. ....' ;:.'. ..
1. When a Certificate of'"the appropriate size.is \:~vail-
able,' the next~;Family on,:,the. waiting list shall:; be 'notified
in writing,... adv ising,',l t,5 ::menibers('.to,. contact the',:, Hous'irig",
Authority officeofsaid\availability,' andgivinq'themno
less than seven, (7). calendar days. to schedule an appointment
to complete an application,:' provide>required ,verifications
and attend a briefing on.. theSectiorl.i,'s program ana, issuance
of \ Certificate Hof, Family: Participati'on. ' . In the . ~vent;.:the .
Family members fail to respond within the, prescribed time or
fail to keep their, appointment for the completion of:, an
applicatioh,;fail to proviae required verification within
the time prescribed or fails to attend the briefing':s'!ssion,
the application~shall. be cancelled, and the reason for
cancellation noted on the face of the application, including
the date of cancellation, and the initials of the PHA staff
person cancellinq the application. In the event the Family
fails to keep any of its scheduled appointments ~
cause, at the discretion of the Assisted Programs Supervi-
sor, the family members may be given the option to schedule
a 2nd appointment given prior to the next issuance of Cer- '
tificates.
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"
'J
A. Governtr.g con~~onR. Among eligible applicant Families of
the Bi~e ana composition appropriate to the dwelling unite .
authoriz~d in ,the Annual Contributions contract, seleotion tor
the issnance of Certificates of Family Participation shall be
madaw!thout regard to race, color, creed, religion, sex, dis-
ability, handioap or national originl 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 ot 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 PHA 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 PHA is granted a
HUD exception. .
, , ... ..." >.' . "if.;'::,,;, ~;'::>.)2,:::,\;,,'.fi., " . .',::. ".' ','
B. . gmer 'of' preference: in the '~selG.fio'n:'of FamW-es to' W!
Issued a Cert..w.cate o(FamUv Parti2j.pfltJon. (see ,Section
II(13)).,.Eachof the, preferences carries a point value, and all
applicatJ.ons will be ranked by the highest number of points being
given highest priority in the waiting list. (In order to rank an
application on the waiting list prior to the issuance of prefer-
ence regulations, Encinitas residents will be given a 20 point
preference). All other preferences shall stand regardless of
current residency). No applicants shall be denied housing who
are currently on the waiting list based on city of residence.
1. Families who are displaced or about to be displaced by
public action, (see definition of "Displaced"), through no
fault of their own, or
2. Families who are victims of a natural disaster declared
by the President, Governor or their designee, or
3. Families who are victims of an individual disaster to a
dwelling that renders the dwelling uninhabitable, or
4. Families residing in substandard uninhabitable dwell-
ings that are condemnable and in violation of local health
and safety codes, or
5. Families, who at the time they are seeking rental
assistance, are involuntarily displaced (see definition of
"Displaced"), or
16
\1222-16
06/10/94
;/J o)tf
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I
, .
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~
"
6. Families who are paying sot or more of their gross
total Family income towards rent.
50 points shall be given to Families meeting one or more 0:
the above.
7.
other eligible Families:
c.
.&.
1. WithJ.n preference categories, priorities shall be given
to Families and veterans and servicemen as follows (see
Section 11(17)):
a. Families of disabled veterans whose disability has
been determined by the Veterans Administration to be
service-connected - 5 points.
b. Families of deceased veteranG or servicemen whose
death has been determined by the Veteran Administration
to be service-connected - 5 points.
c. Familiesot other veterans or servicemen (see
definition of veteran, Section 11(17) - 4 points.
D. ~ipe and-"DateSequence'of 1uUl1J.catj.one. 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 nequenca of applications shall govern selection with the
applicant whet filed the earliest clpplication shall be issued a
Certificate first (subject to the provisions contained in Para-
graphs A(l) and A(2) of this section).
The Housing Authority chooses to exercise its right to give
preference to Families who are residing or working within its
area of jurisdiction.
17
W2ZZ-16
06/10/94
HJ 015'
)
.....,~
h~ :' ',..ft . ._,' <'1);:,.-
SECTIONV~. -',' "'~
1enaI\t...Fayment -, This section seta forth the polioJ.es and proce-
dures for determininq Income'forEligibility, and .theTotal .
Tenant Payment., (Rent) . for, Eligible Families. These; policies and
procedures shall be applicable in making sU,ch determinations for
purpose. of initial occupancy as well as in connection with
periodic or interim re-examinations of Family incomQ, composition
and the extent of medical or child care expenses "\\." ...~..
". ' ;. L:"' ,'i _'. ,!.--.'~ .. . '" ,)'Y':A"~',;"',:,:<; ~,': ',!:':.?:::':,':<.",:.~.
A. .,' . ';';.-.'; .For
purposes ot determining if aFamilY~..is a,Very Low-Income Family ,
its income shall be.,determined in. ac'cordahoeicwittl..the"itollowinq
paragraphs B(1)':.and~,B(2),. excep~ i:hat wher~,L~.:FamilY,ha'8"n~t
Family as.ats,.in' excess. of $5 ,000 ',',~, its' income · shall:J.nclud8,:the
actual amount of' income, it,anyrrtderived from all the. net Family
assets m: the,ctirrent passbook',\rate.7as established by the U. S .
Department of HUD.. of the value ot.: such assets", whichever is
qreater. 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 ot necessary
items such as furniture~and autom~~~less~all be excluded.
., .'--"';;:"'>"':-,,.-:f:j;;i'i\". '..;\(;P:',!,X)', ; "', ",",'
8. AnnuaL.z'ncon{e':sourc~isarad,comDu~on~' Annual incoms"'shall
include ell payments from all sources received or anticipat~d to
be received during the twelve months followinq initial occupancy
orre-determination of Family income5by (1) the head of the
household and spouse, and (2) eaoh additional member of the
Family residing in the household who is at least eighteen years
of aqe. Annual income shall include that of ~he head of the
household or spouse temporarily ab~ent which, in the determina-
tion of the PHA is (or shall be) available to meet the Family's
needs (see Section II(16)). EXclUded in the 9omputation of
annual income shall be (1) temporary, non-recurring or sporadic
income. ,
,--,
"
,
,
.
6,-,"
18
"222-16
06/10/94
1. Income Sources sbs!l inClUde. b~t not be timited 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 starL of a periodic payment. Benefits
paid on behalf of a child are considered as income accruing to the
parent.
;/)tX.
f)
b. The net income from operation ofa business or,
professional' from rental of real or personal' property
(for this purpose, expenditures for business expansion
or amortization ot 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)(ind
from real or personal. property. When tho applicant's
total assets exceed $5,000, the PHA will calculate. the
dollar amount included in the Family'S annual income
which is speoifically.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
ot such assets based on the current passbook savings
rate as determined by HUD.
d. The full amount ot perioc1ic 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(0) of this section).
f. ~ublic Assistance, such as AFse, 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.
9. Periodic and determinable allowances, such alimony
and child support payments, and regular contributions
or gifts received from persons not r~sidinq in the
dwelling. Child support is considj,isd 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).
...~
19
\1222-16
06/10/94
:'~~'~)
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j. Any earned income of fUll-time students aqn 18 01,'
older.
2. ~emporary. ~ecurri~a or SooraQjc Income Not ~
~e ComnutAtjon ~f. AnnYaJ Income:
a. Casual, sporadic or irregular gifts.
b. , Amounts \~hich are specifically for or in reim-
bur~ement of the cost of medical expenses.
,
.....,.,."."., .
c. Lump-sum additi1pns to Family assets,' such' as
inheritances, insurance payments (includinq payments
under health and accident insurance and workers compen-
sation),capital gains and settlement for personal or
property 10s8es, 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.
'j
. .I
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20
\1222-16
06/10/94
~. ~.
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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 ot tuition, fees, books and equip-
ment. ~nv amoun~s of such scbolarsbjns. orpavment, ~
veteraqs, q2~ used for the ~bqV;'~u~~ose~ ?r ~b~~ ~r~
aval1able for su~stenQ~ a~e to-!nQ!Ude~nQQme~
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.
i. The value of the allotment provided to an eligible
household for coupons under the Food 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.
tf,)~8
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2. National Older American Volunteer Programs
tor persons aged 60 ana over which include Retired
Senior Volunteer Programs, Foster Grandparent ..
Programs, Older American community Service Pro-
grams and National Volunteer proqrams to assist
Small Business Experience, Service Corps ot Re-
tired Executives (SCORE) and Active Corps at Exec-
utives (ACE).
3. Payments to volunteers under the Domestic
Volunteer Services Act of 1973.
i
..-/
21
\1222-16
06/10/94
4. Payments received under the Alaska Native
Claims Settlement Act.
5. Income derived from certain sub-marginal land
of the United statea that is held in trust for
certain Indian tribes.
I:~
! '.1'';;*
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 Pavment~ 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.
1. 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.
II;..,;;;
t)
(c) child care expenses:
'"
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".' -' .... .'.
1. 'Amounts pt\id, by the Family tor '. til'. , careC'ot
minors ,under 13.Yttilrsofaqe,or.tor,the cara:ot
disabled or handicapped Family...lIlbersj. but;'only
where such care: is necessary tcrenable>a<F..l1y
member to be ,9ftinfully employed,or'kto;.~f\irth.r his
or her.: education, "uand tho amount;a,llowabl'. .a;.',
chil'd care expenses' shall not exceed';the a.ount ,ot
income trom s\lc:h"employment.. , Veritication, ot..~.,_,,:
child' care expenses must be pl.'oyideCl<on.,.> Housing
Authority' tOt1Qr inolucling ,name ;,-.address',' 80cial,
security number 'and a 'copy, of the' license"ofi~th.
child' care pr~vider (it license exiats)',.muat':'be
included ip the form., Also" if.<the F.l1lily:'i.'.~:",
entitled to tile for federal' and "stateincom...'tax,
the amount claimed through the Housing'Authorit:y
for child care must be reflected in the stat.' and
Federal Tax claim for the appropriate year, it'the
Family is eligible for a tax deduction for .aid
child care. In the event the child care exp.n.e.
are in part or whole paid for or reimbursed t:o 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 ot t:en-
ant rent.
&1222-16
06/10/9'
..:;
22
$--3b
~
SECTION VII. 0
This Section sets forth
the basic steps which are to betaken in obtaining anclverifyinq
information from applicant Families for the purposes of (1)
determining whether they meet ths,conclitions of eligibility for
participation set forth in Section 1111 (2) applying the priority
ancl preference requirements established in section VI (3) deter-
mining the size of dwelling required in accordance with Section
VIllI and (4) tho rent to be charged in accordance with Exhibit
IV.
,-)
23
V222-16
06/10/94
A.
....)
I'". ,
....-1
1. Bafor., issuance".of.'thecertif!cate by the PHA, the
applicant will be.. interviewed by a staff member who' will
complete the Certification of Tenant Eligibility (HOD
50058). The applicant, must submit verification ot 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 complete.
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
Section 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 reason and authority for such changes noted in the
record.
5. The applicant is to review and sign the application.
B. Verification and Documentation of ApplJcation Data
1. Verifications will be required for information submit-
tad by an applicant to assure accuracy in determining e1i9i-
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'..-.-/
bility, and priority, preference status, rent to be paid,
and size of dwellinq required. Verifications must be cur-
rent (no more than 90 days old). The PHA 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 to be main-
tained:
a. Letters or other statements from employers and
other pertinent sources qivinq authoritative informa-
tion concerninq all items and amounts of income, to-
gether with other eligibility and preference determina-
tions;
b. oriqinal,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 irreqular, such as salesmen,
taxi-drivers, etc. setting forth qross receipts, item-
ized expenses and net income;
d. Memoranda of verification data obtained by person-
al intervi6w, telephone, or other means, with source,
date reviewed, and the person receiving the information
clearly indicated;
e. Proof of displacement (see Section II(13)).
f. Verification of uninhabitable conditions (see
Section II(38)).
q. Verification of residency in the City of Encinitas
(see Section 11(36)).
h. Verification of payment of monthly rent in excess
of 50% of monthly income.
i. Verification of inVOluntary displacement (see
Section lI(13)).
24
\1222-16
06/10/94
tI)~
t)
c.
~ummary o~Vertfjo~tion QAt!
"'-)
...,,~
, ~ . ~ .
1.Verificationfdata is to be reviewed-andevaluated'BS
received for completeness, accuracy, anc1'/conclusivenftsfJ'
Where the information received 'is noti9ompletelyadequate in
al.1 respects, follow-ups-- or):,new efforts.,t.o. obtain lS\1cbo:.},~;
information are to,bemade and carriedthrough,to conclu-
sion.If during, theverificat,ion process, it beconles'e,vi-
dent that for one or more reasollsanapplicant isine1191-
bl,e, the investigAtion is to,be~,~iscontiriued and.the appli-
cant promptly notified in writing of.their ineligibility and
the reasons therefore (see Section VI (E)J. . The PHA is re-
quired to offer the applicant the opportunity to present
objections to a PHA 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 PHA, or which are
oontrolled by applicable program requirements:
a. To review discretionary administrative determina-
tions by the PHA, or to consider general policy issues
or class grievances.
b. To review the PHA's determination of the number of
bedrooms entered on the Certificate under the PHA's
unit size standard.
c. To review the PHA' s determination that a unit
located by a Certificate holder does not comply with
the HQS, or the PRAts determination not to approve the
lease for the unit.
.
i
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25
\1222-16
06/10/94
d. To review the PRAts 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, alonq with documen-
tation of verification shall be retained for HUD audit or
inspection in a file for each application or assisted Fami-
ly.
;1,)...33
(-)
U'
SECTION VIII.
o ~ Prior to issuing the c~~titicate of
Family Participation, the appropriate dwelling unit size for the
Family will be determined by applying the fOllowing criteria:
1. One bedroom certificates shall be issued until the
allocation is depleted prior to zero bedroom Cortificates
being issued unless the participant requests a zero bedroom
Certificate.
2. The bedroom size assigned should not require more than
t\t/O persons;;,to oC(J~P~' .the ,same bedroom. _'
~. : .' " ,'" ." ,~;;'~','~',:~': '. ~;.,..;,,~:.:' '.:' ; i~.'..,~<:..,:",,':',:::.,,;~,,~.t,,::; /. ~-..: :": i~' ',:,~::-: O-:"~":'''' ~. , " . ,. I ;. ~,' , ,~;:,:
3. 9ccupancy';'wlt)l':respecLto Derson of.-OQpoBij:e sex. "
Dwellinqs are to be assigned so, that it will,not: be neces-
sary for'personsof the opposite sex, other than husband and
wife, to occupy,thesame;bedroom except that if necessary at
time of admission,,: two:?,children of the opposite sex under
two years of age may'. be'. perIni tted to occupy th. same bed-
room.., At 'admission I ,one' child under two years of age may be
permitted to occupy the parents' bedroom 1 and if necessary
for continued", occupancy I one child under four years of age
may be' permitted to occupy the parents' bedroom. Deviations
from these standards ,will require documentation to justify
the deviation (example: letter from a doctor requirinq a
husband and wife, brothers or sisters to occupy separate
bedrooms because of medical reasons). In the event the head
of the household would prefer to have two chJ.ldren of the
opposite sex over the age of two years of age share a bed-
room, it shall be authorized as parental choice, and a
statement to that effect shall be signed by the head of the
household, and kept with the file.
4. Every Family member regardless of age is to be counted
as a person. An unborn child will be counted as a person.
These principles result in the followlnq standards:
r--,
No of Bedroom Minimum Maximum
0 1 2
1 1 3
2 2 5
3 3 7
4 4 9
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 exceed the fair market
rent for the bedroom size designated on the Certificate.
The Familv may rent a smaller bedroom size unit nrovided th~
unit meets the standards of acceDtabilitv. i.e.. "...at
.,)
26
\1222-16
06/10/94
tfJ -3 'I
i
"
least oQe sleepinqroom o~~vJna/sleQPinq~90~ot appronrl:
.Qj:e size -tor - eaoh two persons.;; A parent I::hall not be re-
quired to occupy a bedroom with an infarat or child.
. , .
At the time o-t"applicati'on taking" the Family ~ay. choose ~o
apply tor the,bedroom size Certificate _ of their C"h'~ice .
within the above criteria, or for all bedroo.m sizs.s, for
which the. Family...le .eligible, as .outlined above. _ I~1l\ore
than one · apPlication is submitted 'for diffGre~lt.. bedroo",.
sizes, and-.(l.:,'certificate'j, is offered for a particular bedroom
size,. shoUl'c.fi';ttieFamily:"ohoose to accept that., CertifiQate,
the application for another bedroom size willbe,cancellecl~
Once the Family is issued acertifi~ate o! Family Participa-
tion and the Housing Authority executes a Housing Assistance
Payments Contract on behalf of that Family, the'Family may
not'be issued a Certificate'of Family Participation for
another bedroom' size unlesa the Family's composition changes
to the extent that a larger or'smaller unit is needed to
properly aocommodate the Family (1 living/sleeping room for
each 2 members of the household). The Housing Authority
will give the Family written notice of their rights at the
time of application, and the Family will Gign a document
acknowledqing receipt of said notice.
..J
27
\1222-16
06/10/94
~;.)
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SECTION IX.
ISSUANCE OF CERTXF-ICATE OF FJ\l1);J,Y aR'l:IcrfAnQlL.
~.)
. .,...;+1
A. procedure Governing Issuance of Cer~ificate of Famil~
particination.
1. After a Family has been det~rmined to be eligible and
is seleQted 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 Occupancy Standard,-Section VIII); and the Total
Tenant Payment (see section VIce)).
2. The ,Certificate, along with a c~rcificate holder's
packet shall be presented to the Family at a briefing ses-
sion 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 my have. Each Certificate holder's packet shall
include the fOllowing:
(1) Request for Lease Approval (HUD 52517A);
(2) The PHA's statement of housing qualit~' standards
and the forms for inspection for dwelling units.
(3) Information regarding lead based paint, poisoning
hazards, symptoms, and pr9cautions;
,
OJ/
28
\1222-16
06/10/94
(4) "Fair Housing U.S.A." (HUO-63-EO(6);
(5) Information as to the Total Tenant Payment, the
Tenant Rent appropriate for the Family size and compo-
sition.
(6) The PHA's schedule of Allowance for utilities and
other Services;
(7) Housing Discrimination Complaint Form (*HUO-903);
(8) Information on the;'iA's procedure for conducting
informal hearings for p~rticipants. This information
shall contain a general description of the procedures
for conducting informal hearings for participants in
the PHA program: inclUding a description of the circum-
stances in which the PHA is required to provide the
opportunity for an informal hearing and the procedures
for requesting a hearing.
(9) Such other items as the PHA may determine shoUld
be included.
;1;;3(,
r)
3. The briefing Session shall provide a full explanation
and time for discussion of the following:
(1) Family and owner responsibilities under the lease
and contract;
(2) How to find a suitable unit;
(3) The general locations and characteristicsl of the
full range of neighborhoods in which the PHA is able to
execute contracts and in which units of suitable price
and quality may be found.
(4) Applicable housing qua1i~y standards and proce-
dures for Family and owner inspections and for their
individual certifications of compliance with those
standards;
(5) Significant aspects of applicable state and local
laws;
I
..____1
29
"222- 16
06/10/94
i")
(6) Significant aspects of federal, state and local
Fair Housing laws;
(7) Applicable Fair Market Rent, determination of
Total Tenant Payment, establishment of housing assis-
tance payments; ,
(8) Information regarding applicable regulations
pertaining to the portability of the Certificate;
(9) That the Family may obtain copies of the Housing
Quality Standards, the contra~t and other pertinent
forms on request; and
(10) That the PHA will not be responsible for any
damage caused by pets.
B. EKUiration an~xtension 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 expires or is about to expire, a
Family may submit the Certificate to the PHA with a request
for an extension. The PHA shall review with the Family the
efforts it has made to find a suitable dwelling unit and the
problems it has encountered and shall determine what advice
or assistance miyht be helpful. If the PHA believes that
there is a reasonnble possibility that the Family may, with
tf;;'37
,-,
the additional advice or assistance, if any, find a suitable
unit, the PHA may grant one or more extensions not to exceed
a total of 60 days. Expiration of a Certificate shall not
preclude the Family from filing a new application for anoth-
er Certificate at the time the program resumes accepting
applications.
\
,.J
30
\1222-16
06/10194
:)
tf,)a<;
. l}
SECTION X.
JlQ~Qr;~s OF CE8nEICATES OF F~lL'( ~~C~
A. liDQers KeeDers ~cv.
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
which the holder already occupies, if the unit meets HUD
requirements.
B. Assistance of_~oustna Aut)1oritv. This PHA 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 vill also be provided in finding a
unit for any Family which alleges that discrimination is prevent..
ing it from locating a suitable unit.
C.
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. ....,;'
Co~t~nued ParticiDatlon Hhen Assisted~EAm~lv Moves.
1. The PHA may deny eligibility to tho~e participants who
have violated their lease under the Section 8 Existing
Program.
2. If an assisted Family wished to move, in accordance
with the lease provisions, and obtains approval from the
PHA, the PHA shall issue another Certificate or process a
Request for Lease Approval, (as the case may be) after
completion of a re-certification, if the Family meets the
fOllowing criteria:
a. The Family has no unmet financial obligations to
the PHA or any other Housing Authority.
b. The Family has not violated its Certificate of
Participation in the Section 8 program.
In order to qualify for another Certificate, the Family must
meet the criteria outlined above, and~
.
a. The Family is in compliance with the terms of the
lease,
b. The Family continues to be eligible for such
assistance,
c. SUfficient funds are available under the Ace.
31
"222 -1(,
06/10/9/,
;-/;..3/
('
'-',
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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
PHA.
4. The PHA may refuse to issue a Certificate of Family
Participation to a Family wishing to move to another assist-
ed unit if the PHAhas 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 PHA 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 PHA 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.
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6. The PHA may allow a,FamilY<1:o receive another Certifi-
cate on a conditional basis for "the purpose of moving to a
new unit with continued assistance if the Family meets the
criteria outlined in seotion C(2) above. If after the unit
inspection, it is determined that the owner is eligible for
rent and/or damages relative to the former unit, the PHA
shall require that the Family satisfy any such liability to
the owner or PHA before their next recertifi-
oation/determination for eligibility.
7. In order for a Certificate holder to transfer from the
operating jurisdiction area of one PHA to another PHA, the
Certificate holder must currently be receiving assistance
from the Section 8 Housing Assistance Payments Program.
\
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32
"222-1"
06110/94
;lJ~'/o
SECTION XI.
,LEASING OF r~LING Ut{I1S TO C~~~
~
A. Information to Owner. The PHA will respond to inquiries
from owners who have been approached by Certificate holders by
explaining major program procedures including lease provisions,
lease approval procedure, housing quality inspections, contract
provisions and payment procedures by furnishing copies of the
pertinent forms.
B. Request t~"at"for Lease ADDrovat. .'tlhen a Family has found
a unit it wants and the owner is willing ,to lease, the Family
shall submit to the PHA 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 PHA. 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 PHA 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 swiwning pool, or multi-Family
units if a member of the household is a child/children undar
the age of 12 and there exists ~n un-enclosed swimming pool
which is accessible to said child/children.
~) C. I\Pprovill of cQntract ~lilnt;... The, PHA 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
track in order to prevent nigher 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
PHA may approve it on a unit by unit basis if it feel such
higher rent is justified. The PHA has authority to approve
such higher rents for no more than 20 percent of the units
authorized by an Ace. The PHA may request an extension of
this authority from MUD.
D. .Decent, Sa(e, and Sanitarv Condition of_ UlJit. Before
approving a lease, the PHA shall inspect the unit to determine
.-.J
33
\1222-16
./10/94
H)~YI
(at)
to collect the unpaid rent (eviction notice, request for
payment of unpaid rent, damages and/or vacancy loss, etc.).
3. In those jurisdictions where interest is payable by the
owner on security deposits, the refunded amount shall in-
clude the amount of interest payable. The owner shall com-
ply with all state and local laws regarding interest pay-
ments on security deposits.
4. The PHA will not be responsible for any damage caused
by pets.
....~)
5. To make a claim, the owner, shall immediately notifY-the
PHA and,the tenal\t'of the damages. The 'owner shall submit
to the PHA wlthin14.days written. documentation supportinq
the claim for reimbursement, including evidence of actual
costs of required repairs and evidence of bi1.linq to and
nonpayment by the, Family. The PHA.will exercise the riqht
to inspect the unit with the ownet. to.de,tel'mine the extent
of any damages prior to the repairs being made. The PHA
shall notify the tenantilnmed~ately upon receipt of a claim
from the owner, of said claim, and the tenant's right to due
process. The notice shall state the procedure the tenant is
to follow in requ~sting a review of the claim prior to
Authority making payment to the owner. In the event the
tenant fails to request a review hearing within 10 days of
the PHA's notification, and/or if the tenant fails to make
repayment or suitable arrangements for payment within 30
days from the date of roceipt of the claim from the owner,
the PHA shall process the owner's claim and make applicable
payment to the owner.
F. Pavmentfor Vac~~Units. Housinq Assistance Payments
shall be made by the PHA to the owner under the terms ~nd condi-
tions of his contract, only for the period during which the
contract unit is leased or occupied by the Family durinq the term
of the contract, except as follows:
(a) If an Eligible Family vacates the unit in violation of
the Lease or tenancy agreement, the Owner shall receive the
Housing Assistance Payment due under the Contract for so
much of the month in which the Family vacates the unit as
the unit remains vacant.
" . .'.~...:
....' .........
,..)
35
"222-16
06/10/94
(1) If the unit continues to remain vacant, the Owner
shall receive from the PHA a Housing Assistance Payment
in tho amount of 80 percent (80%) of the Contract Rent
for a vacancy period not exceedinq one additional
month, or the expiration of the lease or tenancy aqree-
ment, whichever comes first. Any claim for vacancy
f/:l-tf3
~
M....)
"
,
,
- - .-.. - '- . ... -- ...-. --- ~...- - -. - -
that it is in decent, safe and sanitary condition in accordance
with establishe~ 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 PHA 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 PHA. Each report shall specify (8) 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. Secur1~v Cenosits and~A ~~bursement for Unnatg rent anq
Damaqes.
1. If a security deposit has been collected from the
Family and if the Family vacates the unit, the owner, sub-
ject to state and local law, may Use the deposit as reim-
bursement for any unpaid rent due from the Family or the
amounts OWed under the lease. If the Family vacates the
unit owing no rent or other amounts under the lease, or if
the amounts owed are less than the amount of the security
deposit, the owner shall promptly refund the full amnunt of
the balance to the Family.
2. If the security deposit is insufficient for the reim-
bursement, or if the owner did not collect a security depos-
ie, the owner may claim reimbursement from the PHA for an
amount not to exceed the lesser of (a) the amount owed the
owner, or (b) two months contract rent; minus, in either
case, the groater of the security deposit actually collocted
or the amount of security deposit the owner could have
collected. Any reimbursement shall be applied first toward
any unpaid Family portion of tho rent and then to other
amounts owed by the Family. No reimbursement shall be
claimed from the PHA for unpaid rent for the period after
the Family vacates.
Additionally, no reimbursement will be made for any unpaid
Family portion of the rent unless the owner provides the PHA
with acceptable documentation that an effort has been made
34
\1222-16
06/10/94
II> '12-
G. ApDroval of Lease.
1. The PHA 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
~
.' .
t~"')
.
.J
-....
loss must be submitted no later than 60 days after
vacancy occurs.
(2) If the owner collect~ anY.cJfthe Family's share of
the rent for the addit.ionalmonth,.the payment must be
reduced to an amount which, when added to the Family's
payment, does not exceed 80 percent of the Contract
Rent. The owner shall reimburse the PHA for any excess
or apply the excess as directed by HUD or the PHA.
,..'-.'..'" -, .
(3) '. If the owner. evicts an. Eliqibie Family, the Owner
shall,notbe entitled to any payment under this section
unless the PHA determines that the Owner complied with
all the requirements of Section 9 of the contract and
all applicable state and local laws.
. '.'.:, 'c, . _ :~<:..~;-t"
",'i;:)~:f""~"':',;F.:' .' '.. .' . "",'. . . ....
(b) The owner shall. not ~e entitlecl.:~o;;;anY';(paym~nt ':toder
this section unless' the owner (1) immediat:taly.uponlearning
of thevacClncy,notifiecl tlie, PHA' ofthe'yac~ncy<.or,.prospec-
tive vacancy; requests a move-out inspection by:the.PHA
prior t?;tl1e:'start of repairs "and. submits the request for
paymentwithin:30 days, (2) has taken and continuelli to:take
all feasible actions to fill the vacancy, includinq,.but not
limited to, contacting applicarits on the waiting list, if
any, requesting the PHA and other appropriate sources to
refer eligible applicant, and ~dvertislnq the availability
of the unit, and (3) has not rejected any eligible applicant
except for good cause acceptablo to the PHA. However, the'
owner is not required to rent the unit to a Family certified
for participation in the Section 8 Existing Housing Program
to be eligible for payments under this section.
(c) The owner shall not be entitled to housing assistance
payments with respect to vacant units under this section to
the extent payment is received from other sources (for
example, payments for losses of rental income incurred for
holding units vacant for relocat~s pursuant to Titl~ I of
the Housing and Community Davelo!)ment Act of 1974, payr"ents
under Section IX, paragraph E(l), and payments from the '
Family).
36
\1222, '6
06/'0/94
f/)-W
.'}
the size unit specified on the Family's Certificate
prr..vided that:
(1) Y~..nit "... The dwelling unit con-
tains at least one sleeping room or living/sleep-
ing room or appropriate size for each two persons"
unless:
(2) O~ersized 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 PHA or HUD.
(i) FamU v Reauest.@jorTransfers ~arger
~ In the event a Family requests a
transfer' to a larger unit due to a change in
Family composition, the unit the Family wish-
es to transfer into has a minimum number of
bedroom equivalent to the bedroom size speci-
fied in the Certificate of Family Participa-
tion.
;
~.-...'.
31
"222-16
06110/94
H.
,.F'A)
" .:,1
1. The PHA 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 PHA shall pay the difference directly to
the Family.
I. Notice to Owner and Fam~lv.
1. Lease DisaDDrova~ If the PHA determines that the
lease cannot be approved for any reason, including the
condition of the unit, the PHA shall so notify the owner and
the Family, utilizinq the aqency determination form.
2. Lease ApDrovalL
6 The Utility and other allowances shall be for the size unit
stated on the Certificate of Family Participation.
11).'/5'"
.",- -:- - . - ..........--
f)
", ',I
a. Upon approval .of the lease, a Housing Assistance
Payments Contract shall be prepared by the PHA and
presented to the owner for siqnature alonq with the
lease and unit inspection form.
b. Immediately upon the return and execution of the
above documents, the PHA 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 . l.1.1u.:.
a. The PHA shall maintain files on all requests for
lease approval toqether with dwelling inspection re-
ports (see paragraph B) and aqency determination notic-
es relatinq to any unit with deficiencies.
b. All complaints by Families concerning compliance
by the owner with the PHA's housinq quality standards
shall be retained in the PHA's files for three years.
/
..../
38
"222-16
06/10/94
":)
If) -if,
r~
SECTION XII. REEXAMINA~ION OF FAMILY ELIGIBILITY ~O ~~QET~RM~
N^T~ON O~COM~~
:' ii>~~)
" "
., ,. ., ','. .. . . .. . " ..... ", , " ' '., .
A. Periodic' Reexamincition>of'FamUv'status a'nd.lncome. To
assure that.a Family,continues to remain eligible for Housing
Assistance ~aymentsand 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 PHA at least ADD~ 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. SpecW, Reexaminations. If at time of J.niti~J. OCCUDancv or
Q.Ujogic reexa.min.fttion. 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 spec-
ified times (either 30, 60 or 90 days) depending upon the
staff member's estimate of time for Family's circumstances
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 pel..iod.
2. For rent determination purposes, the Family's rate of
inconl~~, 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 though it is known that income in such
amount or from such sources will not continue for that
period.
,
,__J
39
\1222.16
06/10/94
1 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 oompleted prior to
the last month of the Contract Rent.
1f)~f7
:,
3. Families whose past employment has been sporadic or-who
are on welfare, ther. 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. InterJ.m..:..Redeterminationof Annual Income and-Adjustment Q'.'
Rent. No adjustments to Family's Total Tenant Payment are to be
effected between dates of periodic reexaminations 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"
eligibility and redetermination of Family contribution,
section 8 participants and C9rtificate holders are to be
required to report to the PHA within ten (10) days form the
effective day the following defined changes in Family cir-
cumstances:
a. ~anges ~lfectJ.na J;Jead of..~ubg~ .. Loss of head
of household through death, divorce or other continuing
circumstances, or addition of a Family member who in
accordance with PHA policy should beco~e Head of House-
hold.
",j)
I
b. ~hanqes affectinq ae~d or Spouse or Familv Membe~
over the Aqe of tjgbteen.
(1) The loss or addition to the Family through
marriage, reconciliation, divorce, permanent se~ara-
tion, 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;
(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.
,
" --.../.
40
"222-16
06/10/94
#).. y~
J
"-/
')
""')
(7) Commencement or discontinuance of other sources of ;,
income which substantially affect the total income of
the Family (to' 'be determined by the Eligibility/Occu-
pancy Specialist, or the Assisted Programs Supervisor). "
Reports of the above defin:d,i,~~rctimshni:i.~l,chanq~S are to
be ,ntade on or before, thefirst\ rent payment ,period 'subse-
quent. to the occurrence of. the\\change.Upon receipt of such
report, an IncerimReexamina~ion of Family income and Total
Tenant Payment will be conducted. FaJlure 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 F'aml1y may at any timerequf3st a redetermina- '
tion of its Total Tenant Payment on the, basis of changes in
Family income or ,other relevant circums~ances. If persons
related to the aSGisted Family move into the unit (with . ,
owner t s permissioll) the PHA will continue assistance only if' ,
additional income is accountod 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 tho FMR for the original size. Interim adjust-
ments will be made only as provided in Parag~aphs 1 and 2
below:
2. An assisted Family who reports a decrease in income
(lasting in excess of 30 days) wil1 be given an interim
redeterrn,ination of income. If upon verification, it is
cetermined 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 reexaminatior
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 ac&umes that in the
year the contract terminates, the requirod periodic reexaminations
procedures will be atarted 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 ~ minimum
$10.00 increase or decrease in the monthly Total Tenant Payment.
D~ta assembled at the time of the reexamination is to be filed in
the folder set up for the Family.
~1
\1222-16
06,1C/94
1-1 ~.. '19
"
D.
~~)
.,.
')
'.-./
occurr~nce of the change. Upon receipt of such report, an
interim redetermination of Family income and rent will again
be conducted.
4. The PHA will notify the Family of any change in the
Family portion of rent payable to the owner and will notify
the owner of any change in the Housing Assist&nce Payment to
be ~ffective according to the followinq:
a. Increases in rent are to be made effective the
first of the second month fOllowing that in which the
change occurr~d (retroactively if necessary).
b. Docreases 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 PHA no later than the 20th of the month in which
the decrease in 'income occurr~d. 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 after the change took place. No
downward rent adjustments are to be processed until all
the facts have been verified.
Reexamination Procedures.
1. Angljcatidn for Tenant ~liqibiiity and Recertificatio~
The head of household of each assisted Family is to be
required at the time of the r~examination to submit informa-
tion for completion of the certification and recertification
of tenant eligibility (HUD-SOOS8) on a PHA 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 original entry and entering the cor-
rect data. Such changes are to be dated and initialed by
the person recording the changed data, and the r€3S0nS and
authority ~or such changes ar.e to be noted in the record.
2. Verification and Documentation 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 section V(B) arc to be
maintained in the Family folder.
Verification data are to be reviewed and evaluated as they
are received for completeness, adequacy, and conclusiveness.
Where the information received is not completely adequate in
all respects, follow-ups, or new efforts to obtain such
information are to be made and carried through to conclu-
42
\l22! 16
06/1('1/\14
tf;-St:>
.')
sion. When verification of all necessary items for each
application are completed, the certification/recertification
of tenant eligibility form is to be comple~ed and signed by
a designated staff member. This summary is to cover the
following determinations and the basis for such determina-
tions:
3. ~ummary of Veritied_nat~
a. Eligibility of the tenant group as Family or as
the residunl of a Family
b. Size of dwelling required;
c. Eligibility of the Family with respect to income
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.
E. N~tice to Fami1v and Owner Fo11owina Reexamination. . Within
30 days after the Family has submitted all the required informa-
tion, .the PHA is to notify the Family and owner of any increase
o~ uecrease in the amount of rent payable by the Family and
housing assistance payments to the owner.
1. QvUrcrowdedUn~t~ If the PHA 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 rescissiort of the e~isting
lease'and the f'amilyand the PHA 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 fir~t owner can be te~~inated in accordance
with its tenns, the contract with ehe first owner sh~ll be
terminated and Housing Assista~ce ~ayrnents shall be ma~e
available to the Family for occupancy in the accoptable
unit. Housing assistance payments will not be terminated
unless the Family rejects without guod raacon the offer Qf Q
unit which the PHA judges acceptable.
2. If the PHA determir\es that the unit is too large for
the Family due to decrease ~n Family size, ~rovision of the
paragraph above apply, exce~t that if the contract rent plus
':~~)
I
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43
\1222-16
06/10/94
;1;;-0;
. '- '~. . . I
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, -
.. - . ~ '.. '" "
"\ .. .. ~"~
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any allowances does not exceed the fair market rent f~r the
smaller size unit required, the Family may remain in the
dwelling occupied.
F. 1ermination of Payments pue to Family,IneiisllLiJ.ttv. ,If it
is found that the Family is ineligible for continued participa-
tionas 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 PHA 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
shal.l expire upon termination of the lease or expiration of the
PHA's Ace 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
COlltract.
..........~
: J
,... .::..'.
2. If the contract terminates at such time that Family is
. .
inel1gible for pa~nents, the contract shall not be renewed.
In addition, if one year 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 Misrepresentation of Non-comDli~nce by the
Familv.
1. If it is found, upon reexamination that at the time of
issuance of ~he 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 PHA from the
Section 8 rental assistance program.
2. If it is, found at' the time of reexamination, or any
other time, tnat the Family has failed to report changes
income as required after the interim adjustment lowering
rent and such changes would have required them to pay a
higher rent, the increase rent is to be made retroactive
the second month after the date on which the change oc-
.
1n
the
to
..
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44
"222.16
06/10/94
f/;;.....l)J..-
- -..". . \ .. I ~
~
,.-. - .........--
curred. Failure to report changes in income or Family
c~,rcumstances within 10 days from the date the chan\te took
place shall be grounds for termination by the PHA from the
Section 8 rental assistance program.
3. If the Family fails to comply with its responsibilities
under the Certificate of Family Participation, the PHA 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 PItA shall notify the Family and owner of such
deterli\ination.
b. such determination shall be grounds for termina-
tion of the lease by the owner.
4. The PHA shall deny eligibility to previous program
participants for whom the PHA 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 PHA such claims.
.'.....) H. Annual InSDection o(..JJn.i..b As a condition for continuing to
".' make Housing Assistance Payments, the PHA re1Uires 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 agreed upon services are being furnished.
')
}
".-/
45
\1222-16
06/10/94
1. In the case of Families being reexamined annually, this
inspection shall be a part of the reexamination procedure.
2. If the PHA 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 PHA shall
issue another Certificate or process a request for lease
approval, as tho case may be in accordance with Section
X(C).
/1)-$3
~
I.
E.~
'renanov.
A. lor leases/tenanoies ~tered~nto Qn or a{ter Qp~
1. lSu~ the owner shall not terminate tenanoy during the
term of the HAP contract/lease nor refuse to enter into a
new assisted lease with the same Family, except for;
1. Serious or repeat&d violation of the terms of the
lease;
2. violation of feder~l, state or local law which
imposes specific requirements on a tenant in connection
with the occupancy or us~ of the dwelling unit a
nd surrounding premises;
3. Other good cause.
B. ,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 livinq or housekeeping habits resulting in
d~mage to the unit or property; criminal activity by tenant
Family members involving crimes of physical violence to
persons or property 1 the landlol:d' 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 (stich 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.
.-~.)
'. ~."Io
C. The landlord may evict the tenant from the unit only by
instituting a court action. The landlord must notify the
PHA, in writing, of the commencement of procedures for
termination of tenancy, at the sume time that landlord qives
notice to the tenant under state or local law. The notice
to the PHA may be qiven by furnif:hing the PHA a ccpy of the
notice to the tenant.
D. The PHA does not play any role in the actual eviction
process. The PHA policy, however, allows for:
1. Determination of continued Family participation in
the Section 8 program (regardless of whether or not
there is a court "authorized" eviction),
46
\1222-16
06/10/94
H)-SY
III
,~
."# ;.'
2. Tenant: appeal process (Exhibit I), if, in fact,
tenant is denied continued program particip~tion and
3. Determination of continued landlord participation,
based upon "findings" by the PItA. If the landlord is
guilty of any of the following "findings," the PHA 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"
~~)
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SECTION XIII. ~ TS ~
DLE ~O~~ESTAHniNG VOU~R ~ROG~ With the exception of
the special requirements and responsibilities listed below, all
other Section 8 Existing Housing Regulations and policias shall
be applicable to the Voucher Program.
Vou~her Pro9tsm
(Not issued in conjunction with the Rental Rehabilitation Pro-
qram)
proaram Summary. The Voucher Program is funded by the Department
of Housing and Urban Development administered by the Housing
Authority of the County of San Diego and is intended to take the
place of the Section 8 - Existinq Housinq Program in terms of
future allocations and the transition from Section 8 Certificates
to Vouchers as Annual Contribution Contracts and Housing Assis-
tance Payments Contracts with owners expire.
Special Reauirements anQ~Respons~
A. The PHA shall maintain separate accounting and report-
ing procedures for the voucher program in accordance with
applicable regulations and policies.
B. Voucher holders shall be responsible for the security
deposit which shall not exceed the contract rent for one
month. The PHA may elect to advance the security deposit and
execute an agreement with the Family for repayment.
C. Voucher holders shall briefed as to the special re-
quirements and responsibilities of the program and receiva a
voucher packet which shall include rent computations appli-
cable to the voucher program.
D. A voucher holder may pay more than the paya':ient standard
(fair market rent) providing they are willing to pay the
difference from their own income sources.
E. When a voucher holder pays less than the payment stan-
dard (fair market rent), they receive the savinqs 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.
F. At the time of annual reexamination, the PHA shall
adjust the amount of the Family's voucher payment based on
Family size and the applicable payment or adjustment stan-
dard, however, the voucher (including any utility allowance)
and to 10% of the 31 Family's total monthly income.
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G. The PHA is not required to accomplish rent cOlnparabili-
ty/reasonableness under this program.
H. In selecting applicants from thewaitinqlist, the PHA
shall use the Section 8 certificate waiting list for the
housing voucher program. A Falcdly who applied for Section 8
X'ental assistance prior to the availability of the Voucher
program in the City of Encinitas may not be penalized for
refusing a housing voucher to wait for a certificate.
However, if the Family then refuses the second form of
assistance when it is offered, the Family shall be ~aken off
the waiting list. If the Family requests, it may reapply
for the program when the PHA is taking applications~
Portability under the voucher program - In or.der for a
voucher holder to utilize the voucher outside of the City of
Encinitas, the Family must:
1. Not exceed the 15% limitation for number of porta-
ble vouchers and:
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a). Have been a resident of the city of Encinitas
for a period of no less than 12 months at the time
the voucher is issued, or
b). Have been participating in the Section 8
voucher program administered by the Encinitas
Housing Authority for a period of one year prior
to transferring the voucher outside the City of
Encinitas.
Benefits to Landlords under the Voucher Program. The benefits to
the landlords participating in the voucher program differ from
the.Section 8 Existing Certificate program. All other sections
ramain the same as under the Certificate program, the landlord is
only entitled to the followinq:
Damage and unpaid rent claims - the Housing Authority is
only liable for one month's gross rent, less security deposit,
for tenant caused damages and unpaid rent. The Housing Authority
has no liability for vacancy loss.
;1)67
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SECTION XIV. 0 S
DI With the exception
of the special requiremC\nts and responsibilities listed below,
all other Section 8 Existing housing regulations and policies
ahall be applicable to the certificates allocated for the Home-
less.
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proqram Summary. The section 8 certificate Program Project CA16-
E009-013, funded by the Department of Housing and Urban Develop-
ment under ACC SF-531, approved in October, 1992, and adminis-
tered by the Housing Authority of the City of Encinitas,. is
intended to provide rental assistance to 10 homeless Families
applying for section 8 rental assistance with the Housing Author-
ity of the City of Encinitas.
Special Requirements and_ResDonsi.bilities.
A. Homeless applicants for Section 8 rental assistance
shall be briefed as to the epecial requirements and respon-
sibilities of the program and receive a certificate, when
available, which shall include the same documents as an
existing Certificate holder.
B. In selecting applicants from the waiting list, the PHA
shall use the Section 8 certificate waiting list for the
homeless Certificates, notifying those applicants on the
waiting list who have indicated the preference. request form
that they are currently homeless, through no fault of their
own, and who have local, and veterans preference, first. In
order to be issued the Certificate, the applicant must
provide 'evidence of being homeless. Acceptable documenta-
tion shall be:
a. A statement, on acceptable letterhead, from a
homeless shelter, verifying that the applicant is
currently homeless.
b. A statement, on acceptable letterhead, from a
police department, verifying that the applicant is
currently homeless.
c, A statement, on acceptable letterhead, from anoth-
er government agency, such as the Department of Public
Social services, verifying that the applicant is cur-
rently homeless.
C. In the event ehere are no homeless applicants on the
PHA waiting list "/ho have a veterans preference, homeless
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applicants who are residents of the City of. Encin:l.tas will
be selected next.
D. In the event there are no homeless applicants on the
PHA waiting list who are residents of the City of Encinitas,
all non-resident homeless individuals who are on the PHA's
waiting list at the time the certificate is available will
be issued the next available homeless certificate.
E. When a Family holding a certificate designated for
homeless moves or becomes ineligible for the Section 8
program, the next homeless person who will be selected to be
issued the certificate of Family Participation.
This does not mean that if the next person on the PHA's
waiting list is homeless and the next available Certificate
is not designated for the homeless that Family may be
skipped for a non-homeless person/Family.
Portability uncler the Homeless Certtficate proqram - In
order for a homeless certificate holder to utilize the
voucher outside of the City of Encinitas the Family must:
a. Have been a resident of the City of Encinit~s for
a period of no less than 12 months at the time the
Certificate is .issued,
b. Have been participatinq in the Section 8 certifi-
cate program administered by,the Encinitas Housing
Authority for a period of one year prior to transfer-
ring the Certificate outside of the City of Encinitas.
Benefits to Landlords under the ijomeless Certificate Prooram.
The benefits to the landlords participating in the Homeless
Certificate program are no difference from the Section 8 Existing
Certificate program. All other sections remain the same as under
t' ,.; Certificate program.
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iXHIBIT t
SECTION 8 INFORMAL HEARING PROCEDURE
"
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When a participant iSfdenied benefits, he/she may request the PHA
to conduct an, informal (non-judicial) hearing. The purpose of
the informal-hearing is, to come to a final decision on the
eligibility-of an individual, to receive housing assistance. If
any individual does not submit, .in writjnq, a request for an
informal hearing within ten (10) working days of receipt of their
notification of ineligibility, the determination becomes final.
Tho wri,tt.en request is not subject to any formal format, but is
to be directed to the Assisted Programs Supervisor, and must
include a statement as to why the decision is unfair and what
relief is sought by the applicant/participant.
GENERAL CONSIDERATIONS
In accordance with HUD regulations, an opportunity for an infor-
mal hearing will be afforded to:
P~RTICIPA~TS: whose assistance is terminated or reduced because
of:
"~
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06/10/94
".") a. A redetermination of the amount of the total payment. or
" tenant rent (not including determination of the PHA' s schedule of
utility allowances for Families ~n the PHA's Section 8 Program).
b. A decision to deny or terminate assistance on behalf of the
participant.
c. The discovery that a participant Family is residing in a
unit with a larger number of bedrooms than appropriate under the
PHA standards together with the PHA's de~ial of the Family's
request. for an exception from the standards.
d. In the case of an assisted Family which wants to move to
another dwelling unit with continued participation in the PHA
program, a determination of a change in the number of bedrooms
(entered on the Certificate under the standards established by
the PHA) which cannot be accommodated under the program guide-
lines.
e. Failure to comply with the terms of the lease or other
program guidelines which results in termination or reduction in
assistance.
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All participants will be given an opportunity for an informal
hearing before a final termination of or roduction in aSLlistancQ
goes into effect.
HQ~JFI~^TION ~LIGln~E ~T~TUS
If, in the initial review or reexamination, a determination of
participant's ineligibility has been made, the PHA shall notify
that individual of the detormination. This notice will be given
by letter through first class mailer by personal delivery.
The ineligibility notification (Initial Agency Determination)
shall be attached to the individual's files and shall include the
following information:
a. The specified findings/facts and reaSOil for the determina-
tion,
b. A clause informing the individual that appeal of the deter-
mination must be made in writing within ten (10) days of its
receipt.
c. The name/address/phone number of the PHA staff person to
receive the written request for an informal hearing.
d. A clause informing the individual of the right of represen-
tation by another person, or by legal counsel at their expense.
e. A clause informing the individual that if a written request
for an informal hearing is not received within ten (10) working
days, the individual forfeits hiS/her right to appeal and the
determination becomes final.
If a hearing is requested, the Executive Director shall schedule
the hearing within fifteen (15) days following receipt of the
request in order to allow the individual five (5) working days
advance notice. The Assisted Programs Supervisor shall notify
the Family of the time, date and place of the hearing by certi-
fied mail, return receipt requested. If the Family has a good
reason for not beinq able to attend the hearing on the particular
date and time set by the notice, the Family must inform the PHA,
prior to the date set. If the reason is acceptable, a mutually
convenient time will then be scheduled.
CONDUCT OF INFORMAL ijgARING
The informal hearing shall be conducted by an agency-appointed
Hearing Officer. Generally, Hearing Officer will not have
previously participated in a case in which the review and subse-
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quent initial determination resulted in a decision to terminate,
reduce or deny assistance. If a prnposed Hearing Officer's lack
of objectivity is clear, the Executive Director shall appoint
another individual to conduct the inf~rmal hearing.
This is a non-judicial hearing, so no formal procedure need be
followed. It is the discretion of the Hearin; ~fficer as to how
the hearing is to be conducted. However, it shall be the respon-
sibility of the Officer to insure the adequate information 1s
brought and that the order of the hearir.q goes accordingly. The
Officer will always identify the session (parties resent, date,
time and place), and read the initial 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
the proceedings shall be at the discretion of the Hearing Offi-
cer). However, a request by the Family f~r a taping to be done,
will be honored.
The complainant shall be afforded the opportunity to examine
before the hearinq and at the expense of the complainant, to copy
all documents, records and regulation of the PHA that are rele-
vant to the hearing.
The complainant has the right to present evidence and arguments
in support of his/her complaint and to confront the and cross-
examine all witnesses on whose testimony or information the PHA
relies.
.I2E~ISIQH
The decision will be made by the Hearing Officer and shall be a
final determination of the Family's eligibility/status under the
Section 8 Existing or Voucher Programs administered by the
Encinitas Housing Authority. This decision shall rest solely on
the evidence brought out at the informal hearinq. Therefore, the
Hearing Officer shall state the reasons (applicable federal
regulations and program guidelines) for the particular determina-
tion and indicate the relevar~:. evidence.
The decision will be in writing and 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. II
FAMILY STATUS FOR INTERIM PERIOD
If an ineligibility determination is made by the agency:
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\1222-16
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1. Both the owner an Family will be given thirty (30) days
notice of the date housing assistance will stop. (If the lease
should expire first, the assistance will stop on the lease
expiration date).
2. If the owner chooses to evict the tenant at this point, and
if the eviction process extends beyond the notice period, the
aqency is D9.t liable for J.ts portion of the rent.
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EXUIDIT VI
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~~tbe pperat:lOJl or m.anagemen~ or housing proj~~ an authority shall noL do any or the tollowlng:
(a)E..ict aDytenant without reasonable cau.c;e and unleSs the tenant has been given a · c.:'. written
statement or such eause. ·
. . . ~ ." ." .
. (b) Directly or indirectly subject any tenant to any punitive action or any kind beeause or his
: membership or activity in any tenant organi1.8tion. ~. J", " '. ..... '
, . (c).. Require that a tenan~ in a lease or rental agreement, waive hIs rights under Section J9.42 gr the .
CivU.Code, or nny other rights as' a teiiant be mIght have widu'CaUtornla or tederattaw: :, \ t .
.,. .'. . . .. . .... . ... .',
t';) o;(t~ liability t~r ~ury as a result oUts ~egUgeDce. o.~.tal1ure ~ rep~.ln MY r~~;:r7:~t
. \~:r~ . (e) 'I'eqnlnat.e or refuse to renew a lease heca~ a tenant bas complatned to ~Y. gbv~enta1
authority or a. a · ~le violation or Bnl buDdlng' Code, 'health ordinance, or stmnar regulation 'or has
attempted lawfully ~s lils grievances ~t t.be authority, .. '. ~ : ',:", ·
. ..... . .
. ' " " ,. , .' .
CO Hold M:(.Jenant Uable tor ~ damage for whtch a "'private tenant would not be Uable.
· !K) ,File an eviction action 1'or'~ ~before a decision bas been reached by~e'vs.Dee
._.. ~~ it, the u.t'~nt has requested a grievan~f1' · · . . -. , - -. -. , ,. ·
. -. .' . . .. . .
. . ..
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