1994-11-16
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'~~ltm()RiTYf S~ECIAL MTG.
11/16i94 ,.
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CITY OF ENCINITAS
HOUSING AUTHORl1~
SPECIAL MEETING AGEND~,
. t. t 505 South Vulcan Avenue
Bnai4ita., Ca11.fornia $;~a02f.
Wedn..day, November 16, 19'4, 6,00 P.M.
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'1'"1 JDfCIlfl'1'AS 110081110 AO\1I0RXTY la Alf A..,IftHATXVI ACTIQ" PUBLXC anITY AHD 00111
NOT DISC.DINAr. Olf TRI DAlXS or RAeB, COLQ!t, alA'.'IONAL ORIGIN, sa, RILIOXOIf, AG-
OR DISABILITY Ilf JDQLOYNllrr OR TlUC 'RonSION or S"'''R~~':B. Df CODLtAHC8 WITH TIm
AKKRXCAH8 "ITH DX8ABILITIB8 ACT, XI' YOU lf8BC StRCtAL ASIX8'1'ANCS TO PARTICIPATB IN
TRIS MlI'1'IMCJ, 'Lau. CQtrl'AC'1' TO BOIJU) CLIn.~ AT G;:'3..2"01. NOTIrXCATION 48 HOURS
'RIOR 'to Tn DaTlNO WILL DULa '1'8B 1I0USINO Atrl'HORI'l. ero HA1tB RDGONADLW
AJlRAHoamrrs '1'0 JDf80RK ACCJ:SSIBILXTY '1'0 11IIS IDI&T:NO.
IV 'YOU WISB TO 8lt~ '1'0 >>1 ITa ON TIll AODDA, 'LDS. FILL OUT 'l'H8 At'RO'RIA'1'B
SPBUJlR SLXP AIm HAND IT '1'0 TU noun CLWU BarOR" 'l'IlAT ITa HAS BRID( AlOtOOHC3D
BY TUB CHAXR. SitU ItIR OLXlIa WILL NO'!.' DB ACCIPTBD rOR All XTDI 01~C. THAT XTD HAS
alP ANHOUHC&D.
'1'0 DOHA\'B "XU TO AXOTHR P"RSOH, flXLL OUT A 8'UlCBa SLXP XWICATXNQ 'rIIA'1' "ACT.
TIUI pL,aOH OR '811S0NI DONATINO TDOC HUST B8 PR891Dfl' WDLi 'l'Im SJaArJlR TO WHOM '1'Hft
llAV-. DOHATm 'rID XS HDJlD.
CLOSING AM> ADOPTION OF ~lfI' CAr~
** Public hearing may not be heard if no apea):er slips are tU'rned in.
1. Approval of N'inut,esl 10/~t9/94 Special Meeting. Contact Person:
Ci ty Clerk Po,'l.
STAFF RECOMMENDATION: Approve minutes.
2.. *.Public Hearing to Consider Amendments '1:0 Administrative Plan,
Seotion 8 Housing Assistance Payments Program 3ua Adopti\)n of
Resolu~ion 94-09 Approving the Amendments. Contact Person, Housing
Coo~dinator Brown.
STAFF RECOMMENDA710N: Receive public testimoiJ.Y, if any; adopt Resolution 94-09.
ITE~S REl\iQYJiD FROM: 'IJ:lE...CONSENT CA~)A~ BY IIm-~UBLI~
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ORAL COIlh~tS (KAXIMtDI OF TDRB~ MINUTIS Pia PBRSON) WILL BI HBARD ,ltOI4;
peOPLE WIIO SUBt4ZT A 1iJlU.., SPIAUR SLI~ 'l'0 TBB BOARP CLBJUt. TJr:l LAW
PIt.CLUDKS '1'BB Boun I'I\0H TAlCINO ACTION UPON SUCH NON-AGl.'HDA ITJOIS. TO
tTD~ WILL DB MPSRRED '1'0 TBB BXECUTIVE DIRECTOR.. :uDJ.JmA~
~ 0 0
3. Consideration of Staffing Option. for S.atlon 9 Rental A..ietanao
Program. Contaat peroon. Hou.tug Coo~diD.t~r Brown.
STAFF RECOMMENDATION: Select one ?llnur aptlons as sel out ill Agenda Report
and authorl1.e Executive Director to negotiate" contract between the EllA and City lor
provislolt 01 required services.
IIEMS..REMQ .
IlQAlUU.EXKC
Info~tion Item. -- No disCU8SiQD or action to be taken
X, B. Jane Pool, c.rtify that % cau..d the .bove aganda to be po.ted aD the City
nall bulletin board on __199~, 12 hours before the me.ting.
Board Clerk
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CITY OF ENCINITAS
HOUSING AUTHORITY
SrECJ 1.1, t-1EJ::TXNG
Wedn..day, November 16, 19St, 6.00 P.K.
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Meeting called to order at 6143 P.M. All mfl~be~B present.
00!.!NC1L...MEEIRm
MIs to close and adopt Consent Calendar. 5-0
1. ~9roval.rq~ l'f!nut~" I 3JlL.l.2L.lt ~p.cllJll..K"cl~!1'\a. COl1~lU (!~.~.
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STAFF RECOM,~tFJmATION.' Approve minutes.
2. .. .~lIi!S ~ ~
~l\.IJ.na ~..is\:an9~ Pavmel\t:. ~oar.. ancLA~~QD...J;' _
1\DDrov!nq t~.ndntll.t... Cont.ot..h~.on I ~J2Q?i~!i-..BroWD.
STeF RECOMMENDATION.' Receive public test/mon;,- If any: adopt Resolutloll 9J#.09.
I1EMS.JlEMQ
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None.
None.
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3. Q..cm!!!.deration df ......Staffincr ODtions I for Seat.ion _flJento.l Ass.1.E?tanc!!
Procu:am. Con taa t: PferSO'1.L_Il2WJ,J.ncr Coordina tnr Brown.
s:rAFF RECO},IME..YDATION: Select one oj four options as set out ill Agenda Report and
authorize Executive.! Director to "egot;ate a contract ben.,een tile EllA and City for provision of
required servh:,!s.
M/S'toapp~ove Option 4 to contract with City for a City employee to support
the SectJ.on 8 Rental Aosistance Program. 4..1 (Davis)
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MINUTES OF ENCINITAS HOUSING AUTHORITY SPECIAL MEETING
OCTOBER /9, /994.6:00 P.M., 505 S. VULC4N AVENUE
K..ti~9 called by notic. pursuant to G.C. Section 54956.
CALL
Chairperson Hano called the meeting to order at G~30 P.M.
Present: Chairperson Gail Hano, Board Members James Bond, John
DavJ,s, Chuck DuVi vier, and Maura Wiegand
Absent; None
Alao Secretary Wasserman, Board Attorney Krauel, Bocu:d
Present: Clerk Pool, Communi\:y Development Director HOlder,
HClusing Coordinator Brown, Deputy City Clerk Cervone.
There being a quorum present, the meeting was in order.
1.
1\oDroval of Minut~Rz 08/2~/94 Reqular lieetinQ'.
Rgrson z Board~~ Poo:lu..
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Wiegand moved, Davis seconded to close and adopt the Consent
Calendar. Hotion carried. Ayes, Bond, Davis, DuVivier, Hano,
Wiegand, Nays I None.
STAFF RECOMJWENDA TION: Approve ml1l11tes.
IT.EMS R&M()YED FROM TIlE C()NSE~CALEl'IDAIlBY_THE~UJI-LIC
ORA,L COM1\11JNICATIO.,MS
None
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REGUL
2. atatu8 Re~ort on Sect~on 8 Rental Assi~nce AQPlica~ion an4
I~'QIAment:l~ion of the P-Xt)Qram. Contac~ Personz RousinC]
Coordinator Brown.
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Housing and Grants Coordinator Brown reported that Council had
recently authorized staff to apply for Section 8 Rental Assistant
10/19/94 Housing Auth Mtg Page 1
Mt9#94~,Bk#8,pa~e/b
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10/19/94 Special Housing Aythorit.y Meeting
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vouchers in response to a Notice of Funding Availability from the
u.S. Department of Housing and Urban Development. She said the
number of Vouchers the Authority would receive would be knoun in
the next few weeks. The number racei ved would determine thf' amount
of funds available to fund a part or full-time staff parson to
administer the progr~m. She s~id after the program was
established, two tenants would be added to the Boa~d of Directors.
Council directed Staff to return with options to consider regarding
a staff person to administer the program.
· ImAR.D.UIIE.JKlABJl
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Deputy Mayor DuVivier asked if a workshop would be scheduled in the
near future to review the Housing Authority's goals and was
answered affirmatively.
Information Items -- No discussion or action to be taken
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Chairperson Hano declared the meeting adjourned at 6 :49 p.r.,.
Gail Hano, Chairperson
N\ L,L~ h. (' DA~O
E. ane Pool, Saara Clerk -
By: Deborah Cervone,
Deputy Board Clerk
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10/19/94 Housing Auth Mtg Page 2
Mt9#94~ ,Bk#S,page/?
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HOUSING AUTHORITY OF THE
CITY OF ENCINITAS
AGENDA REPORT
Meeting Date: November 18, 1994
'ro:
Board of Commlll)lonera
VIA: Lauren M. Wasserman
Exocutlve Director ISe tary nf the Boar~
FROM:
Community Development Department
Sandra Holder, Dlreotor 'ZAf ,J..&-
Lynn Brown, HousIng and Grants CoordInator ~
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Public hearing to consider amendments to Admlnlstratlvo illan, Seotlon 8 Housing
Assistance Payments 'Program and adoption of Resolution 94-09 approving the
amendments.
cd/glb/srl11694.hal (11/7/94)
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Whether to adopt amendments to the Administrative Plan.
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On June 22, 1994, the Board adopted an Administrative Plan to Implenlent the Section
8 Housing 'Assistance Payments Program as required by the U.S. Dept. of Housing and
Urban Development (HUD). On July 18, 1994, HUD published a final rule regarding
admissions preferences which radically changes the process of establishing waiting lists
for the Section 8 Voucher Prograrn. The new regulations are effective October 18, 1994.
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To comply wlttt new regulations staff drafted amendments In the following areas:
· The dellnltllJn of "Involuntarily displaced" has been expanded to cover
displacement ttJ avoid re;>rlsals, alsplacer ~nt by hate crime, displacement by
ina:cesslblllty of the unit, displacement because of HUD disposition of a multifamily
project, and displacement due to domestic violence.
· The definition of homeless Is expanded to Include participants In transitional
hous~g. , .
· The definition of family was clarified to include ,ncorne eligible single persons.
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Howtiver, elderly or disabled &onlars must be asslgrlod vouchers before other
singles even If the~' have no faderal preference.
· Tho waiting list can no longer bo maintained by bedroom Blze. Families must
be housed In the appropriate slzod unit a9 they reach the top of the waiting list.
· Federal preferences, ranking profarences, and local preferenc8swere weighted
to provide a ranking score for placement on the waiting list. Highest weight wes
given to displaced families to assure that any famlllas displaced with any Housing
A...thorlty acquisition program would be able to receive assistance with Section 8.
Also working families and elderly were added tf) ranking preference.
The new ragulatlons require that there must be a publlo hearing to consider the
'establishment of a local preference. Staff Is recomn.lended havIng only one local
preference - residency In the City of Enclnltas or the head of hou~ehold being
employed In the City. Under this provision 10% of the annual waiting list for
admissions who meet the local preferenco provision can be Issued vouchers
before others with a federal preference.
Hue must approve the use of the local preferunce In the Plan.
· Federal and local proferences are d,\nfed to person/family evicted from Section
8 or public housing In the last three yelars because of drug-r~lated activity.
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· Occupancy standards are ellmlr.sted except for not allowing more than, two
persons to occupy the same sleeping ro"m or living/sleeping 'room. Previously
tnere were occupancy standards regarding ages and sex of children. However,
Hue has changed how they allocate vouchers to the Housing Authority. They no
longer provide vouchers by bedroom size, but gl\.'e the Authority a set amount of
money. If occupancy standards are too strict, not as many families can be
assisted because they need larger units. If the standard only regulates the
maximum number of persons per sleeping room, more famllles can be aSDlsted.
· Adds a section on the family self sufficlenc~' program.
No fiscal nor staffing impacts.
Receive public testimony, if any, and close the public hearing. Approve the attached
Resolution 94-09 adopting amendments to the Administrative Plan.
cd/qlb/sr111694.ha! (11/7/94)
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RI80LUTION NO I.-OS
RBSOLUTION or THD HOUIIHG AUTHOIITY or TH. OITY or ]MCIHITA8
ADOPTING A~INDHINTS TO TH! ADHIHIITRATIV. .~~
SICTION 8 HOUSING A88I8TAtlCI PAYKIMTS >>aOQnJLN
WIIERE1~S, tho Board of commissioners adopted an Administriltive
Plan on June 22, 1994, in oompliance with the lIousinq Authority Linl
of the state of california whioh inc~rporates the applicable rules
and rogulations ot the United states Department oj! Housing and
Urban Development promulgated pursuant to Seotion 8 ot the United
states JJCiusing Act of 1937 as amended: and
WHEREAS, the U.S. Department of Housing and Urban nevelopment
has revised admission rogulations for the Section 0 certificate and
r, voucher programs (24 Code of Federal Regul.ations Part 982, Subpart
.')
E) effective October 18, 1994; and
WHEREAS, staff has prepared amendments to the Administrative
Plan to reflec~ the revised regulations; and
WHEREAS, the Board of Commissioners has conducted a public
hearing to consider local housing needs; and
WHEREAS, the Board of commissioners has determined t~at it is
in the best interest of the Housing Authority of the City of
Encinitas to adopt the amendments to said plan.
NOW, THEREFORE, BE ~T RESOLVED by the Board of Commissioners
of the Housinq Authority of the city of Encinitas as follows:
SECTION 1.
The amendments to the Administrativa Plan for the
(;)
Section 8 Housing Assistance Payment program as presented by staff
is hereby adopted and staff is auth(.>rized to implement said
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amendments in accordance with its terms.
SECTION 2. This ~8eolution shall take afteot immediately.
Dated: November 16, 1994.
PASSED, A?PROVED, and ADOP~ED t~is 16th day of November 1994, by
the follow~n9 vote:
AYES:
NAYS:
ABSENT:
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Gail Hano
Chairperson of the Board
ATTEST:
Lauren M. Wasse~man
Seoretary
od/glb/res9409.ha
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SECTION 8 HOUSING ASSISTANCE PA1MENTS PROGRAM
HOUSING AUTHORI'llY OF TilE CITY OF ENCINITAS, CA
"POLICY HANDBOOK"
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Incorporates Applicable Requirements and Responsibilities to the
Voucher Program (see Section XIII) And Homeless Existing section 8
Certifioates (see Section XIV)
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"POLICY HANDBOOK"
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Administrative Policy
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Definition of Terms
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
. 11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
2&.
29.
30.
31. .
32.
33.
34.
35.
Adjustment of standards
Aqroement for Mutua~ Reciaion of Lease
Allowance of utilJtles and other Services
("Allowance")
Annual contrihutions contract ("ACC")
Annual Income
Annual 1ncome After Allowances
Applicant
certificate of Family Participation
Child Care Expenses
Contract
ContrC\ct Rent.
Dependent
Displaced
Eligibility
Fair Market Rent
Family
Family of Veteran or service Person
Full-Time Student
Gross Rent
Head of Family
Housing Assistance Paynlents Contract ("contract")
tIomelesB Family
HUD
Lease
Lower-Income, Family
Medical Expenses
Military Service
Mutual Recision
Mutual Recision with continued eligibility
Mutual Recision without continued eligibility
Net Family Asset.s
Owner
Participant
Pa~nent standard (Fair Market Rent)
Remaining l-fember of a Tenant Family
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1
2
2
2
2
2
2
2
2
2
2
3
3
3
4
4
6
7
7
7
7
8
8
8
8
8
8
8
8
8
8
9
9
9
9
9
9
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06/10/94
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36. Resident
37. Serviceman
38. Substandard Dwelling
39. Tenant Rent
40. Total Tenant Payment (TTP)
41. Utility Allowance
42. utility Reimbursement
43. Very Low-Income Family
44. Veteran
45. Voucher Contract
46. Voucher (Free standin~)
47. Voucher Payment
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C. ,~
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Conditions Governing Eligibility
A. Eliq~bility for Participation
B. Eligibility for continued Pa~tioipation
seot.i.2n....n!
Applications and Waiting Lists
A. Public Notice to Lower-Income Falnilies
B. ReceJ.pt of Applications
C. Establishment of Waiting List
D. outstanding Claims for Fraud
E. Notice to Families Determined to be Ineligible
F. Notice to Families Determined to be Eligible
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Selection of Families for Issuance of Certificates
of Family Participation
A. Governing Conditions 17
B. Order of Preference in the Selection of Families
to be Issued a Certificate of Family Participation 17
C. Order of priority 18
D. Titne and Da'l:e Sequence 19
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S~ct:ion Vt
Determination of Eligibility and Gross Family Contributions 20
~. Procedure for Determinat~o~ of Income and Eligibility 20
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06/10/94
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10
10
11
11
11
11
12
12
12
12
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13
13
13
14
14
14
14
15
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~8ct~on V~con~
B. Annual Income Sources and COl.;putation
c. Total Tenant Payment
B..ect:ion YU
DQ~ermination of Eli9ibilit~ for Issuance of certificates
of Family contributions 25
A. Procedure Governing Determination of Eligibility
B. Verification and Documentation of Application Data
c. Summary of Verification Data
sect~on VIIt
Occupancy Standards for Issuance of certificates
of Family Participation
Seoti.on IX
'T~Guanca of certificate of Family Participation
A. Procedure Governing Issuance of Family Participation
B. Expiration and Extension of certificate of Family
Participation
section ~
Holders of certificates of Family Participation
A. "Finders-Keepers" Policy
B. Assistance by Public Housing Authority
c. Continued Participation when Assisted Family Moves
section X1l
Leasing of Dwelling units to certificate Holders
A. Information to Owners
B. Requests to PHA for Lease Approval
C. Approval of Contract Rent
D. Decent, Safe and sanitary conditions of Unit
E. security Deposits and PIIA reimbursement fe-,e
unpaid Rent and Damages
F. Payment for Vacated Units
G. Approval of Lease
H. Amount of Rent Payable by the Family
I. Notice to Owner and Family
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23
25
25
27
28
30
30
31
33
33
33
33
35
35
.35
35
35
36
37
38
39
40
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Seotion xu
Reexamination ofF-mily Eligibility and Redetermination
of Income
,~. Periodic Reexaminati I'\ll'ht.)f Family status and Income
B. Special Ree~~minati\. '
c. Interim Redeterminat. ~ _a of Annual Income and
Adjustment of Rent
D. Reexamination Procedures
E. Notice of Family and Owner Following Reexamination
F. Termination of Payments Due to FamilY Ineligibility
G. Instances of Misrepresentation or Non-compliance
by the Family
H. Annual Inspection of unit
I. Evictions/Termination of Tenancy
Sec~on XU,1
Special Requirements and Responsibilities Applicable
to the Voucher Program
~ectj.on ~
Family Self-Sufficiency
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II
III
IV
section 8 Informal. Hearing Procedures
Income Limits for section 8 Housing
Allowances for Tenant Purchased utilities
Fair Market Rents (section 8 Existing
Certificates
Payment Standards (section 8 Voucher Program)
Houeing Authority Law
V
VI
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41
41
41
42
44
45
46
46
47
48
50
53
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ADMINISTRATIVE PLAN
SECTION 8 HOUSING ASSISTANCE PROGRAM
HOUSING AUTHORITY OF ENCINITAS, CALIFORNIA
The Housin9AuthorityLa~(\':of
the state of California, Health and Safety Code section 34.~27. 5,
provides that the federal agency from which the hous~ng au~ority
receives funds shall have the exclusive power to determine the
type, amount and manner of expenditure of those tunds'so l~nq as
those determinations relate to the law or contract under which
the funds are received. This Administrative Plan is intended to
comply with existing HUD regulations and handbook provisions
promulgated under Section 8 of the united states Housing Act of
1937 as amended. Any variation bet",een thia Administrative Plan
and the rules and regulations of the Department of Housing And
Urban Development shall be resolved in favo!;" of the determination
made by HUD. Changes in HUD rules regarding the type, amount and
manner of expenditure of any funds received from HUD shall be
deemed incorporated into this Administrative Plan automatically
and staff changes to this Administrative Plan to incorporate such
HUD rules shall be deemed to have been authorized by the Board of .
commissioners unless expressly repudiated by said Soard at its
next regular meeting.
It is the intent of this provision to allow staff to comply
with HUD rules in order to facilitate the administration of these
HUD programs for the best interests of the program recipients
with the least amount of administrative disruption and controver-
sy.
In addition to the HUD regUlations which this Administrative
Plan embOdies, the state Housing Authority ~aw specifies certain
prohibited acts and certain duties which govern the activities of
the this Housing Authority to the extent that the state Housing
Authority Law is not preempted by the HUD rules, the Board of
commissioners hereby acknowledges the mandate of the Housing
Authority Law and expressly incorporated Section 34331 "Prohibit-
ed Acts" and Section 34332 "Duties of Authority" into this
Administrative Plan as Exhibit VI.
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SECTION II.
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1. ~tmentstand~ The amount allowed by BUD, gener-
ally adjusted annually, and established by the PHA as the
~asis for providing adjustments ~o vouoher pal~ents.
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2. AQreement for MYtua~eciston of keaSGL The legal
document accomplishing the mutual recision which is signed
by both lessor and 'lessee and states the effeotive date of
the action.
3 . AllPwance for utUJ..t.ies and-2t.her s~rvices C!AlJ.owanc-
~ An amount determined by the PHA (see Exhibi~ III) as
an allowance for the coat of utilities (except telephone)
and other services paid directly by the Family.
4. j\nnua~ contributions Contract ("ACC"L. A written
agreement between HUD and a PHA to provide annual contribu-
tion to the PHA to cover Housing Assistanoe Payments and
other: expenses pursuant to the Act.
5. ~nnuat-lQcome. The anticipated total annual income of
an eligible Family from all sources before deductions for
the 12-month period following the date of determination of
income, oomputed in accordance with Section IV.
6. Annual Income ~tter Atlowances. The annual income
less:
a. $480.00 for each dependent (see Item 12), and
$400.00 for any Elderly Family
b. Medioal 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. ~ Designates one who has submitted an appli-
cation for Section 8 housing assistance. Thia application
does not create an entitlement of any individual to section
8 assistance.
o. ~ertifi,cate of FamilY Participation ("Cert~~ A
certificate issued by the PHA under the Section 8 Existing
Program declaring a Family to be eligible for participation
in this program and stating the terms and conditions for
suoh participation.
9. ~ Care Expenses. Amount anticipated to be paid by
the Family for the care of children under 13 years of age
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06/10/94
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during the period 'of which annual income is computed, but
only where such care is necessary to enable a Family member
to be gainfully employed or to further his or her education.
The amount deducted shall reflect reasonable charqes for
child care, and, in the case of child care necessary ~n
permit employment, the amount deducted shall not exceed the
amount of income re~eived from such employm~nt.
10. contract. See Housing Assistance Payment Contract.
ils Contract a~ The rent payable to the owner under his
contract including the portion of the rent payable by the
Family. .
12. peDeodent. A member of the Family household (excluding
foster cllildren) 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.
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14. ~tty Income. Eligibility/annual income includes
the higher of (1) annual income from assets; (2) if nee
r'~mily assets exceed $5,000, passbook rate set by BUD.
15. ,air ~et Rent. The rent, including ueilities (ex-
cept telephone), ranges and refrigerators, and all mainte-
nance, management and other services, which as determined at
least annually by HUD, would be required to be paid in order
to obtain privately owned, existing, decent, safe, and sanitary rental housing of modest (non-luxury) nature with
suitable amenities. Separate fair market rents shall be
established for dwelling units of varying sizes (number of
bedrooms).
16. ~ Family means a group of two or more persons
related by blood, marriage or operation of law m~o~leram-a~~~
aao~....:exon1froifjrc.Qmmoi\l~~t.w)~1 who will live re ularl~~>>t~~~el:ne6~rli
~fieP$;same'o;.;;aw~tt;;;tH'g~.~;ti~nit..:t~nd whose head of iamilYY is ~t le~Bt n
18 years of age. Family ~l~9 includes a OiA,l~ pe~ooft ift
~ ""<,.' .",~ oed Famil. l:.~oT'
~~~.'~~:l~~.~~..,J';u.~:.,,~;.:.:-~<,'.~.~~~:~.w,~.~....~,~:.~.~~,...'....~..~yo!.'.~. ..,.!.y,.-:~.:.~.~~.,..........l.. ;'d~" . ;-.".....1. .~..~~~.~....u......'....d' 'l::...'..,.....u:,-..'l'.....~.,:-:,'.......J'r'.'y~""~--~,,<,,~,;~..-.~<:\;('*~c;"'~>...~.::t
!~:.i.,CJ,~ 'J.~~t.~ ...,raq+~w: pet',s.~ra~:Ht:\~,.. ta);.':., Y:s:1.qr::.'i: , ~~,~P....9.:~\'s'~J)(tlre~t~~e~.On.
as.~'wel1'w.liif''''€h.ifr''remarilf'ngw..me~mD'er..^(;=fM>a..,>;o;.ten~Hi,€M:F'ann:iy~~':~RT~~e~'
;)t3
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(. ~-"~-;';";;"", , ' ..',. ' ..' ;;..- ',,' : \, , - ~ ~" -' " : ,
may also be cons'i;iereti.as pa~t -; of.., the'~':Family 'other persons '
who will live recjularl~";,as, p'a,.;~'()f,;tl\~ Fami~y gro~p"'(illc:lud-
inq members' of':the ,Family ,temp_or~~ily,'absent whose"income',-
and resources are available f.or ;;use in meeting 1:heliving
expenses of t.he,!9roup, a'll.din'cludinq ~ost:er ch11dreJ'l,pay-
manto for whomis"-not considered 'Family income. . Lodgers or
unrelat.ed person~, (except foster children or person required
to care for a sick or incapacit.ated member of the Family)
may not be included in the Family.
I,:':,:~"
.'\" "'\,"'" - ;
a_ Elderly Family. A Family as definedabove~h~.e
head or spouse" or whose 'sole member (1) ,has attained
age 62, (2) is under a disability as defined 1n,8ect.10n
23310f the Social security Act or in section 102(5) of
the Developmental Disabilities services and Facilit.ies
Cons'truction Amendments of 19702; or (3) is handicapped
with the meaning of section 2023 of the Housing Act of
1959. It may include two or more elderly, disabled or
handicapped persons living together or one or more such
persons living with any other person who is determined
to be essential'to their care or well-being.
I Thet:erm is there defined as "inabilit:y toen98ge in any
substantial gainful employm~nt by'reaoon of any medically determi-
nable physical or mental impairment which can be expected to result
in death or which has lasted or can be expected to last for a
continuous period of not~ less than 12 months"; or "in the case of
an individual who has attained the age of 55 and is blind, and by
reason of such blindness is unable to engage in substantial gainful
activity requiring skills or abilities Qomparable 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 n disability
attributable to mental retardation" cerebral palsy, epilepsy or
another neurological condition closely related to mental retarda-
t.ion or which requires treatment similar to that. required for
mentally retarded individuals, which disability originates before
such individual attains age 18, which has cont.inued or can be
expected to continue indefinitely, and which constit.utes a
substantial handicap to such individual.
3 A person shall be considered &S handicapped if such person
is determined to have a physical impairment which (a) is expucted
to be long continued and indefinite duration, (b) substantially
impedes his ability to live independently, and (c) is of such
nature that. such ability could be improved by more suitable
housing_
5
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06/10/94
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4 The term, temporarily or temporary as used in this seotion,
is defined as a period of 6 months or less.
~
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b. The definitio'n ,of "Family" does not exclude a
person living ',' aione'dur inq 'the temporary4 absence ot a
Family member who will later live regularly as a part
of the 'Family.
"...
. ,. , . ,....J.. .'
c. 'A person:necet'ssarily resid.inq with ei FamilY~Y! ,
reason of" 'employment'by or for such a Family (1) :,,'to
permit the',~mployment ofa sole wage ear~~r,or'(2) for
the 'health and welfare ofa siok or incapacitated ,"
member of the Family, ,shall be considered as a ,member
of the Family for the purpose of determining Fa~~ly
income or established rent, providinqtha~ (l)'~such
person, tnaintains no other home, (2) his or her income
is available to the'Family, and (3) if ,the person is
expected to contribute towa~ds the Family's supp~rt.
In such cases, only that part of the ,Income whioh is
over and above wages paid by the Family Ghall be in-
cluded. Conversely, if the person,' is, not expeoted t.o
and does not., t.herefore, contribute, to the Family's
support, his or her income should not.be.countecl~
However, the head,of the household must 'then submit a
doc~or's certificat.e or such other certificate as may
be deemedn~cessary stating that his,employment is
necessaryt,othe care and ,.,ell-being of the sick or
incapacitated Family membor, or to enable another
Family member to seek.or obtain employment outside,the
home. If the Family pays out-Of-pocket for tha care
provided, such payments may be deducted as unusual
medical expenses (see Item 25). Under no circumstances
will such an arrangement be continued lonqer 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. .
17. ~amt~v o~ Veteran or service person.
a. A Family is a "Family of veteran or service per-
son" when:
. .'. . ,
1. The head of the Family is a veteran or ser-
vice person;
6
\1222-16
06110/94
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\1222"16
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"
2., A member of the Family, related to the head
by blood, marriage or operation of law is a ve~er-
an or service person;
3. The foraar head of the Family is a deceased
veteran or service person provided the spouse has
not remarried; or
4. A former member of the Family, related to the
head by blood, marriage or operation of law, is a
deceased veteran or service person and was a mem-
ber of the Family at the time of death.
b. To qualify a Family as the "Family of veteran or
service person, It the veteran 01.t service person, unless
deceased, must be living with the Family or be only
temporarily absent unless:
1. The veteran or service person, formerly the
head, is permanently absent because of hospital-
ization, separation or desertion;
2. The veteran or service person, formerly t~e
head, is divorced, provided there remains in t~e
Family one or more persons for whose aupport he is
still legally or morally responsible and provided
that the spouse has not remarried; or
3. Tho veteran or service person, not the Family
head, is permanently hospitalized provided that he
was a member of the Family at the time he was
hospitalized and provided further there remain in
the Family two or more persons related to him by
blood, marriage or operation of law.
18. lYlj-Time stud@p~ A person who is carrying ~ SUbject
load tha~ is considered full time for day students under the
standards and practices of the educational institution
attended. An educational institution includes a vocational
sohool with a diploma or oertificate program, as well ao an
institu~ion offering a college degree.
19. Gross Rent. The total monthly cost of housing an
eligible Family, which is the same of the contraot rent' and
any utility allowance for the assisted unit. In the case of
rental of only a manufaotured home space, gross rent also
includes the Family'S monthly payment to amortize the pur-
chase price of the manufactured home.
t~"~')
. .j....
,,?- /,
-- - - -~...-- . ---
~,
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20.
act.ually
needs.
21., BousinaAssistance PaYments contract-<"S:ont~ A
written ccntract. between PHA and an owner on behalf of an
eligible Family.
The "head of a Family" i8 that: member
and held accountable for ~he Family's
22. Bomel~ss Fami~, An individualiindividuals who are
:~f:ht.lh~:;i ~~U~~~~~~i~~o~~:e~:S;ault
o e r O~ln.
(~~)
..t!l
23. ~ The Unit.ed states Department of Housing and Urban
Development or its designee.
24. ~~ase. A written agreement between an owner and an
eligible Family for t.he leasing of an existinq housing unit
in accordance with the contract, which agreement: is in
compliance with the provisions o~ thi~ part.
25. LC)wer-IncomeFami~ ..A Family whose annual income is
between' 50% and 80% of the"'median income for the area, as
determined byHUD w~t.h adjustment.s for smaller and larger
Families. HUD may est.ablish income limits higher or lower
than 80% of the median lncome for the area on the basis of
its finding that such variations are necessary because of
the prevailing levels of construction costs or unusually
high or low Family incomes.
26. ~enses. Those medical expenses for Elderly
Families which are to be anticipated during the 12-month
period for which the annual income is computed, and which
are not covered by insurance; however, premiums for such
insurance may be included as medical expenses.
27. WJ.jtaryservice of tha 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
st.r.tes.
8
"222-16
06/10/94
28. ~Qtua1-Recision. When the lessor and lessee agree to
completely rescind and release each other from further
responsibility in accordance with any executed lease.
29. Mutual Recision WL~ continued E~~ A mutual
recision where the lessee ~ reissued their Certificate for
the use on another approval unit.
~
:;-1
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\1222.16
06/10/94
~
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30.' A
mutual recision whe~e the lessee is D2t reissued their
Certifi-::ate for USF';' on another approval un~1:.
.' I
31. tiatJ'~.' ,'Value 'Of equity in real property,
savings, stocks, bonds and other forms of capital invest-'
mant, excluding interests in Indian trust land. The value
of necessary 'items of personal property such aD furniture
and automobiles shall be excluded.
In cases where a ,trust fund has been established and
the trust is not revopable by, or under the control o~, any
member of the Family or household, the value of '~he trust
fund will not be considered ~n asset so lonq as the fund
continues to be held in trust. Any income distributed from
the trust fund shall be counted when determining annual
income under 813.106.
In determining net Family assets, 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 foreclosure or
bankruptcy sale) during the two years precedinq the date of
application for the program or reexam~nation; as applicable,
in excess of the consideration received '~herefore.
(~~)
. i.~' I
In the case of a disposition as p~rt of a separation or
divorce",settlement, the disposition will )l"~ be considered
to be for less than fair market value if the applicant or
tenant receives important consideration not measurable in
dollar terms.
32. Owner. Any person or entity, including a cooperative,
having the legal right to lease or sublease existing hous-
ing.
33. ~articiDant. A Family becomes a participant when the
PHA executes a contract with an owner for housing assistance
payments on behalf of the Family.
. .
34. Pavment standard (Fair~~et 8ent~ The maximum
amount of the voucher payment on behalf of an eliqible
Family based on Family composition; however, such payment
shall not exceed the difference between the contract and 10
percent of the Family'S unadjusted income.
35. ~emainina Member of a Tenant Fami~ Person left in
assisted unit who mayor may not normally qualify for assis-
tance on own circumstances (i.e., widow, aqe 47, not dis-
abled or handicapped).
~
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36. ~,For ,tl'aa'purpose of det.ermining eligibility
and applying preference, a'resident.Family is one 'who is
currently living in t.he Cit.y of Encinitas, Or'W~?8. head of
household or spouse is employed in the city of Encinitas or
who has accepted employment. in the city of Encinitas which :"
will b$come effective within 14 days from the d&t* of appli-
cation.
37. Service Dorsan. For the purpose of applying prefer-
ence, a "service person" means a person (man or woman) in
the active military se~vice of the United stat.es.
38. ~ e1 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 safet.y hazard for the
occupants.
b. Condi tion of structure. The condition of the
structure is such as to create serious safety or health
hazards by reason of vermin infestat.ion or structural
deficiencies or by continuous dampness or exposure,
brought about by neglect or dilapidation~
c. Water supply. Lack of potable running wat.er
within the dwelling unit.
d. Sewage System. No connection between plumbing
fixtures and adequate sewage dJ.sposal 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 uy&.
g. Kitchen Facilities. Lack of permanent, safe and
reasonably efficient kitchen facilities with the dwell-
ing unit, including sink with running water and provi-
sions for a cooking stove.
h. Lighting Facilities. Dwelling not wired or inade-
quately wired for electric lighting.
i. Heating Facilities. Heating facilities inadequate
or unsafe.
:-:
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WZ22.16
06110/94
j. Liqht and Ventilation. Living room, bedroom or
kitchen with no windOWS, or with windows opening on an
.2--17.
~
airshaft; or ~oilet or bathroom without ad8q\tate venti-
lation. '
. ~., ... ' I: t _ ,:
k. overcrowded'~ The number of persons occupying a
dwellinq'unit. exceeds the :maximum occup~ncy stftndllrds
(see section VIII), or when two or more Families are
occupying a dwelling unit designed for single Family
occupancy. ,
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1. For the purpose of.applying preferences Families
residing in BRO's shall.not be qualified as residing,in
substandard housing conditions.
39. Tenant~ent. (Formerly call Net Family contribution).
The amount payable ,'monthly by the Family as rent to the
owner (including ~ PHA in other proqrams). Where all utili-
ties (except telephone) and other essential housing services
are supplied by the owner, tenant rent equals Total Tenant
Payment. Where some or all utilities (except telephone) and
other essential housing services are not supplied by the
owner and the cost thereof is not inoluded in the amount as
rent to the owner, tenant rent equals Total Tenant Payment
less the utility allowance.
In the case of. a Family renting only a manufactured
home space, tenant rent equals the space rental minus the
housing assistance payment, as defined in the applicable
program regulation.
40. Total Tenant Pavme~ (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.
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11
\1222-16
06I1CU94
;, .' .
41. ,!ltJ..1i.t.y Allowance. If the cast of utilities (except
telephone);and;otherhousing services for an assisted'unit
is not included in the tenant rent but is the responsibility
of the Family,occupyinq the unit, an amount: equal to t:he
estimate made or approved by a PHA or HUD under applicable
seotions of the regulations (see 24 C.F.R. 55 880, 881,.882,
883, '884 an 886) of the monthly costs of a rebsonable con-
sumption of su~h utilities and other services for the unit:
by an ellergy-conservative household of modest circumstances
consistent with the requirements of a safe, sanitary and
healthful l~ving environment.
4?. Dti~ity Reimbursement. 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.
.
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43 ~ '. Very: Low- Income i ~ .',A: lowet":~nCOl1l8 ':Family;;~~os. "
annual incoJJ\edoes. not.exceed50per'cent'.otth~:~'m..d~ah'::" \. .
income for"~hearea, as' determined by HYO, wi~h',adjl.t.tmen1:8
for smaller and larger Families. HUD may'establish inco..
limits higher or lower than 50 percent of the median income
for the araaon the basis of ii:s finding that suoh varia-.
tions are necessary because of unusually high or low Family
incomes.
44. Vet:eran.' For the purposes o.t applyin':J preferences" a
"veteran" means a person (man or woman) who has served in
the active military service of the United states at anytime
and who shall have bean discharged or released therefrom
under conditions other than dishonorable.
~
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45. Voygber 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 s~ A document issued by the PHA
declaring a Family to be eliqible for participation in the
Voucher proqran and statinq certain terms and conditions of
pax'ticipat:ion.
47. ygygAer Pa}~ent. Housinq assistance payments made to
owners on behalf of eligible Families (voucher holders).
.
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\1222-16
06/10/94
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~ SECTrON III. ~!IBU~U
A. .IUJ..sI.illU.~~ To be eligible tor paJ:tici-
pation in the Rousing Assistance Payment Program (HAP) ad.int.-
tered by this Public Housing Authority (filA) only tho.. appli-
cants:
1. Who qualit.y as a Family (see section II(lti)).
2. Whose Eligibility Income (see section VI), does not
exceed the e.ppllcable inoome limit for participat ion aG
8stftbliahed by HUD (saa Exhibit II). Except with tbA prior
appl.ov~l of HUD, no Lower-Income Family other than a Very
Low-Inct.;me Fal.\ily Sh'lll be approved for admission.
;r~~iP~~;1'6i1iti;BTncq:~ii'5:tJ.ml'f~,fof71va\ia~'l~~' f' '~~I:it.~1IWi'uUiai
~>'\j.::l,~'\>t,":,ii't':>f:i,' :~"!'''~'',.;..;,~w.,' ;,t.i"i:~\,&' ',"""i';.'*' 4t >:J..." I,~<it" ~!,}'~,~tl'l' 'H",~r;;"",:'J.1,;"';::;~"\,:'~, "'~'~~::-)'~,';;;'\;~,', fl, "".,';l,?' ~~(:lIi&'~;P,V'f:?~1J~51~:'i, ,~sii:~;'):<~J.:'';',~~~
: ,.rt~, ,u.~;f.,;ncomt\t~'.L.1li.:J,. ,....'l~1o O~a;\ ,.v~: oU8...0cr~,;'A.h ~HC)J:;a; , ';, ~1~;;~'M"lI'l ~~~M:Q:t1
~' ", ';'M, '611'"" ";)I>,t,:a:a;r.,~,:'~' ',...','..."t'.','d,l'.-; t,..,lf,o ,~~: i'~~~};,',:;,',";,T' '~\:i, '~,?',':a<:' ..,',',',;,l~ia..:'~,:",~J)"r ":7," '!il,' ,.It.~~:, ',- ;:~~I.':',~ ;"'" ,J/, '. ,~,',f.ilr:,~,~t' ,~E~,'~,~~,-'~o, ,: n;),,~,""$~$
,n,,,,J)"""':J \It', I ., Co ~ n,..,L\"..H. ",np,..,.. ..,"'"1t~nQ)..g.,,,.~ 1>..,i~J;I,~
iai1ils1il~Qn:;~ '~'(::l :hlt, "'~'~l'~fi(itift.?~:U.':";.;)\:?:~~~:,:tne:t<..;n~o>. {iV:~~' ~:.:~, '~'tt~!oF!~a~
..'.',.."',.,"',',,.'>....~..l..'" ""~"'"'''''''''''' ",.' ".",P ~,,',. ".'., ".,.,<t."m,.l"~"'.~,J,'te<y''''m',w,.[i' '" ,_A
!):c~#~tAt'~~r.i~~\wb"r'e' ~,t~ie ;:t~ml'lyJ;'l,lQt'ui~~y/~;J.'~.~'ij~.!~~~~~fjr' ~7'ln~~ .~
,...__v...............~,...."'.'ri,,_...~...,\'oN....,.'.. ;.'.. ,.'..",.".,._,..,.,........,...--_......''1......................'....'...,...,,_........~~_....~
3. , Who do not have an outstandinq validated claim for rent
and/Qr damages ow~d to a PHA or Owner relative to prevlous
part.lcipation in a housing pt-ogram administered by a PHA.
....~,;,
f".,....
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B. nJ..gJ.Qi..
uont.inued participation
those occupancs:
To be eligible tor
the HAP administered by this PItA only
3.. Who qualify as a Family (see section 11(16)), or who is
the remaining membBr of an assisted Family:
a. In the event a participant Family separates, ~he
certifioate for continued participation shall be issued
to the individual who has been designated by the Family
as "head of household."
2. Whose monthly Total Tenant Payment (see section ~I(39))
is less than th~ gross rent as paid to the owner for the
unit occupied.
3. Who conform to the occupancy standards (see Section
VIII).
\.J
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\1222-16
06/10/94
;;w~
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SEl:TION IV.
HG LJS~
A.
Elm
-
1. This PIIA shall make known to the publio through publi-
cation in a newspaper of general oirculation, as well a.
through minority media and other suitable means, the avail-
ability and natur~ of housing assistance tor Very-Low Income
i i f("~"""'''''''{J~' "'.......~....~:~rCuoli..."J.t::~y.~<~'(fA.~'....f€un'i€~~it'llii)~
Fam 1 eo. 1..e. ,. lIUa.. ..~",;",,,.. ,."tl.~" n~Q" ", "r~i..:.,z ..1.1
". ';;_m~'~^' .........~~.~..............n-,...."..i'n"4"'".."'V-"iP......., ........~...,"'.,......'.......Ull'..',_~n.~ .~""~....w.....ro:.
(........)'
I
. ~ i-.'j
B. ~~~
1. Applications which are in compliance with the PHA
advertisement are to be accepted from all Families apparent-
ly Qligiblefor the issuance of a Certifioate of Family
Participation. This r'.1~e is to hold unles8 the numb.rof
applicants on the waiting list tor'certificates i. 8uch.that
there is no reasonable prospect that additional applicants
could be issued Certificates within the next twelve (12)
months. In such case, application taking will be temporari-
ly suspended. The suspension of application taking will be
publicly announced by publication ot ft notice in the media
as specified in Paragraph A above. The announcement will be
utilized prior to the resumption of application taking.
2. Each application shall reflect the date and time re-
ceived, ~nd shall be processed as set forth in Section III.
3. The PHA must maintain records of applicants and par-
ticipants which provide HUD with data on race, gender and
ethnicity.
14
\1222-16
06/10/94
C.
st
~
1. Each apparently eligible 'applic~nt Family shall be
placed on the appropriate waiting list and the file (or
appropriate'type of control records) maintained in a manner
so as to assure compliance with the policies of selection
set forth in section v. Submission of an' application does
not create an entitlement of any individual.to Section 8
Housing Assistance.
2 · In the' event it is dete.rmined that Certificates c? .1no1:
be issued to all eligible applicant Families because of
limited Annual Contributions Contract authorization, such
Families shall be notified of this fact and of the approxi-
mate date that a Certificate may be issued, insofar as such
date can reasonably be determined.
3. The PHA may refuse to issue a Certificate of Family
Participation to an applicant or participant if:
2~,;?3
'_"'1)
C,",l',
.,...,.:'
, ~";'i.
a. ThQ applicant or any member of his/har household
has a documented hiBtory of destruotion and abuse ot
property.
b. The applicant or any member ot his/her houaehold
has a histury ot criminal aotivity involving cria.. ot
physical violence to persons or property.
c. The applicant or any member ot hi_/her hou..hold
has engaged in drug-related criminal activity or vio-
lent: criminal activity as defined in i:4 lJ.r.R. s
882.118(b) (4), or which could discredit the Housing
Assistance Payments Program.
d. The applicant or any melllbel. of hiD/her household
currently owes rent or other amounts to the PHA or to
another PHA in connection with Section 8 PUblic Hou8ing
Asaistance under the 1937 Housing Act or any uther
program administered by the Encinitas Housing Authori-
ty.
e. As a previous participant in the Section 8 pro-
gram, or as participant in any PHA program, haa not
reimbursed the PHA or another PHA tor any a~ount8 paid
to an owner under a housing assistance contract for .
rent or other amounts owed by the Family under its
lease, or for a vacated unit.
,.
...,;
15
V22Z.16
06/10/94
f. Has violated any Family obligations as a partici-
pant in any of the PRA'a aasisted housing programs.
g. Breaches or has breached a repayment agreement
with the PHA.
h. Has committed any fraud in connection with any
federal housing program participation in the family
self sufficiency program.
D. oqtstandina c~~im9 an~ Fraud
1. If an applicant is determined ,to be ineligible on ~he
basis of income, Family composition or for ,any other reason,
the applicant shall be notified promptly 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 writing. The PHA shall retain for three (3)
years a copy of the application, notice to the applicant,
and the applicant's responses.
;J-Jt(
..-.'- '-'t- ...........,.........
,..,
E.
Il1J.sIJJllI.
1. If an appliQ8nt is dotermined to be ineli9ibleon tbe
banis of income, fami,ly compo.itionortor any o~hel' r...on,
thu applicant shall be notified promptly by letter of the
dotermination and thuir reasons therefor" ,.'lbe applicant
shull be informed in the letter of their r~9ht to an info);'-
mal review, it requested with1nl0 days from the date of the
letter, to make a rf,ply or 8xpl~nation as they Day wi.h.
It, after the reviell, the applicant is still determined to
be ineligible, the applicant shall be notified in writing.
ThE' PHA shall retain for three years a copy ot the appliaa-
tic)n, notice to thft applicant, and the applicant's respons-
es.
F.
f:j
.
1. When a certificate of ,the appropriat.~ is avail-
able, the next Family on the waiting list shall be'.notified
in writing, advising its members to cOl\tactthe,. Housinq
Authority office of saidavailabillty, and giving them,'no
less thsllseven (-')'.calendardays to schedule an'apPQintment
to complete an application, provide required,verificatlons
and attend a briefinq on thesections proqram,and i.auance
of Certificate of, Family Participation. "",In ~b....v.nt'th.
Family members, tail to reapondwithln,the presorlbed.ti.. or
fail to keep their ftppointment for the completion'ot an'.:'
application, fail to provide required verification within
the time prescribed or fails to attend the briefinq;!.8.8ion,
the application shall be canceled, and the reason for can-
cellationnotodon the face otthe application, including
the date of cancellation, and the initials of the PHA staff
person canceling the application. In the event the Family
fails to keep any of its scheduled appointments ~
caus~, at the discretion of the Assisted Programs Supervi-
sor, the family members may be given the option to schedule
a 2nd appoint~ent given ~ to the next issuance of Cer-
tificates.
o
16
\1222-16
06/10/94
~ -;)0
".,
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. ".' '.
A. Roverninq conctw.2ns'TAmon~ eligible applicantF..ili.. of
the size and composition appropriate to ~hedwelling unit.
authorized in the Annual Contributions contraot, ..leotion tor
the i..uance of Certificates of Family PartiQipa~ion .hall be
..~e without regard to raca, color, creed, religion, ..x, di.-
ability, handioap or national origin; and on the baala of the
priorities 83 ~8t forth in Paragraphs 8 and C, EXCEPT .a provided
in sub-paragraphs 1 and 2 below.
1. Non-reGidents whoso head of household or spouse are
p~asently working in U~ who have been notified that they are
hired to work in the City of Encinitaa shall be treated a~
residents.
. ~ 1
2. The PHA'-must deny issuance of a Cert~ficate, even
thoughtechnioally eligible for the program, if the Family
is not a Very Low-Income Family unless the PHA is 9rent~d a
HUD exception.
.,..':..
B.
]:ssuect a ~,rt1tJcate 0(- (see Sec:tion "
II(13))~Each ot the preferences carrieG a point value,_and all
applications will be ~anked by the highest number of point.'being
given highest priority in the WAiting list. -(In 81'..1' t.rank-att
a..liea.18ft Oft the waiti", list p~ier to the &sauaftse at ,r.f.~~
eft" reffulfttisfts, BfteiRitas residents will "~ra 20 po4:M
,refel.onea) ., 'All 'other p~efer8ftSe8 shall staRe! ~e,ar.1H. sf
ewr~eft. r8~denc~a He applieants a~all ".de"1ed k8~8ift' wk.
are olJrrcntly eft th~ -.;at tin, llst hao&d 8" a1 ty af resiaenee ._
1. Fam! lias \..-88 arc dkJplaoad o.~e8\lt tel Be diftpla8e,'-~
publie aotion, faee aefinition e€~D!oplac&a'~, thrsu,h 1\0
fault af their awn, 8~
2. FaMilies who arc victims af n ftat\l~al-d1aaater deela~
ey-the rresiacnt, OO"lerner or ~he*l.&....8C'aigne~!'
3. Familico \lho arc .,iot1mo 04--3" .individual. dis8ftt.lr '8 a
dwelling that renders the dwell in! uninhaeitahle, 8.
4. Fa.iIleo rcoidin~ in aubotansard ~Rifthasita~le dvell-
i890 tha~ arc condcmnnblc a~d 1ft violatisft of leeal ftea~
and aafe~y eedes, &r
s. FamilicG, \/ho at. the time thq-. are seckin, rental
aeeiGtance, are iftvelunt~rily di5pl~eed (aee a&~tieft sf
uDioplaccd It ~, a)!l
17
\1222-16
06/10/94
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6. Fa.iliea whe a.e ,ayift. SO, er Mor. ef .hei~ ,~...
~.....l pa.i ly i-t~ae"8 taw.rde rent .'
18 ,e~t. shall he ,~n to Families ..oetft, eft. .~ ..~. .f
.the atteve.
7'
.
~h.r eli,ittle Fa.ilie.t
"'t~,.R'*"""~"~ "')'~'''k?tw'W1"rmf8[di'~~'
["'::~".,*:~ t ',:f,,'..' ^'
. .".l'~'):'::' ' ;:"', ;,
~_u_ . .. ........,.~........,..... ....., .'..... ,.'.."~....^.'
. &:'~~}~~:'idi~i:lt5P' .f.fiiiCr..l:rfl~~~~'rtQinf'i~~fitiR!~
.n." 'It,'''<'1.,..ty., "',,;;:.;., , '''''1'' r,,>~(~ ',o~l"l;" ":""(1" '1' ., ""..".'1" :,::., .,..,.,.~~. P"" p, ,'. ~..";..",.~' ~:.~'\..!',JJ., Jt~." ,.,';;."I~~~ ""
, \Wilh" Q "''';.1' ,. :~:" :.f' :a" e' ,~~( ,Sect '0 f''' :..;#;' :
, ".-, ,v un.., '. i" " ,...Q . .. " ... "n~.., ' ,
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~t~..>. 'V~it~ n;,''.su . an a'" :-~, QU., ni~<< ne aJ...,;;t " l{'" 0 ~
I.,., .~.X~. . ", ...~ '. " ", ,. " .. ,~;~ .' '.',..' ~>~" ',' . .....,. . '.. ,. ..,.'
rt,'~~~,";"~'~"""-' ".lM.........M........:..~.__'*';'....MM"...;".'..w^W,oIt...:-.':'...~".".,(.. ~.......IoM_>.....__ -.~ .. "" "
~'..f~
.:i~~~p.~il"-..~i'.r.~+;tlii.M1t~offrKotlf:ionttil~.~;W{nco"~DlBi:;:, " )~: ":~g:~
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~..~e'.an'<'t eo ....on,::; ,,':" ;~{~ ' , i
4..~~...~."~..~....;..v,.' ~#f....~'C'....;ftl..ftI"';;,.'..~^~... .......,.f....;N........,..... ..
~Y.~l',~).'.~-:,"'A(, ",_wl.i'.,~tft."".~~f. "'~~".y.,.,...,AIt#.,;'-:'~~')'D.....:.....-..~a.~.,........~~, ',....,. ~..,~-"-'A~hf~~~~, ~~~.~,.,.,,:.):"..
g,~'1>.~~:H' "Qca' 'i.'J.:,s- ,e erenc..;'~l~es... .n~t:::o...~.o~.~' .~q~ ,.!<., '
t~"<:;C.,~,~,.,-::.~,~>,""';;.<.... ":".,~~. '..':'l'..'t"""~"..,.t"'.,," '?""'(").~i>~'..."..'.'i' .~'.., '.', ,',...',,' ".... ;\.."...~,:,"'i,~'~,..2 ",,,', ,,~~.., ,:0'"
~. tl."."~,.._:tJ' '...'8.."." ~, " ..r..., ", N<<t(JS..,..' ~' ...' ~.., "P""")'3'1~'l m..~ft... -......
',.til l3!O ~, Ii 0 'a"~.>~l eo\. o~~> ;.,,:o'W.fo ~'
.. " ,', tM~w~ill~oI;';' ....11.....~...~~ ~~~' J).t:l ~~
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I." f\l S 'i, 'A."'. ! ..... I!r-.f' A.. _I I: ' :.
*'trmn*t~i~ldrlJ9r~(.'*')).~~.a~~,f~;.:!~a. 1lS!n~.~. ., ~~>,
I'~ <!~i~'tt!l'."S!'h~~~., }I,~" .,~;!,l!~t\!~\n~~~~.g!:\R.~!~J !V.lt',L : " , .'
A;ti~;ar. (~! . ~\tf. ....~...~I.J., ~n :1.,; n~n {~ng .'
,. !l~?~/a~');'!,..'4!J~:.rJ~~~~-2.';.i~,~'iWti"*~~....'~'X<~ff!.$'(~1!:-)'~~r~~~~~I<~~. ,', .' " '. -~>>;;~'~"l
. Q.~~ .) .Q.....on~ ..~.;t~rO~.c\oo8 ;.;,>:y f!I. ~~.-~nR~ u.
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, ~...: *"'~O"5 lie) ,,, \11' "''"':c\oo.~o ....~" C ~ ,a.~'n n '::;' !" .," ,~
* '~~~~l""l' ~D-:,,>~.;,~1..l'h.-<':,.,~,~.~t:.lf'.fm<1...~).'.":f(t,.:'f)l:~t~~~'.)JL;;J.~..-:,S,;<:'~..Hc' ...',( '. ,,"'.' ..>..
QI"{.,~\) w.r;.~.W en~.'tw.er8parf!\?<,:no ,~. ,~. .ra..., " '
Il~lt~.~1roi)'~rti1.~~fwa:i.t/fn~<..~1<1.'t~.~:~f 'cj, 'f4~I~a;t.iD' " ~f'I:~ ~"* ~ ·
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~ l<t:''''''''J:)':'+'' <: ;]:'.., ''''~',,'':- " ';:.. '1"d !o' .}';...' "~;d'i:"'~'A"'l.:H ..': "'a' ;:,' ;'....;.;,,;,~1:...,,$.:...,:~,;.)t,:~b~n:f~~:f!):~f's*n1i
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nerson..,:wuo;,:: s~::no ".e er Y'i:,-:~;~ sa e".,;(.o~.ut1i.ft~'C..,.H~~~'~
....r.~NN"'-:~N.......,:N;"....M;-....,.HNI......t'.....: .........,,:-.....>^) .~..,..,.,~~,^;,4#.;, .,4'~",',,~........~,~. ..,. ~......".....,: 'NI')Jh,;y...~.~~;.;>>~fr~,;~'~~)lm'^~;~"
2.
1.f{2~2RtN'CE
1:~<>:r"'~..,..~d1!--lr~._.......,~:.._".'^::l!':Y...-"I
'.,:dY.-9~' JUt"~l~~Uj~.,, ,:.'-ll 'JtQeme"~::;~aU~
, 'l:1~:a},,~,.., .~<'X'~t~"J;I$"',~~:..j~;;'~<~. \~... ~~..'.,"""..~:.;wM.;M...;....;.;.......,~.~..;.;;...;....w.
'0'.1"': ,::,"Q;~ C "on
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tlfmiE1: 'etia~d!i.iRJ!iCei\ent:sF~;Jts'\iSS'~an;:
"", '''& ~'"""~<:,sW$,"'<"'<~""'( 'tt'<".w.,:.:,.,~,,:tl".". .'",'....,'.""""".,.,,'....' ", ""..... ...., ,"",""1. "', "~.,:,~
~~if.a~tfoUS!..;tr'y t,;}~nclUa1'if'.;~:~liojfe!;...
n~W~>:'i:'t~~~.t.."?r~~::{,~~'" :.:;~~~:~~i::.<:;i.:.;;:;;:<<;< ...<,,,:'t'~,~:(.;,~;;~~'5'" >o';:Ci:::';'::-::~~., .
~'eg..~~;nl~' "n~R]no:t$N 4&8Jtt" : ,,,,j(o~
';~'o~till~.f~ftrfrlttb;JiEri:t#fo~::i~.:reht:;~:~''';(~..~)\;,.^~
.....:..'.... ..-...:~z::;~:.t. .......... ........~;::::.....-,. o. .~~.~.:- ... ~.~
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. . (jm~iI' ~~ii'~g~' +!f'~~_~~
' ~~;~ ;w~~~',' ,':r.~' .tie ,a ' 0
v; ~~,~' 'lO:'~' "'lIf"~~. ' ~I' 'i-< 'l1m,v'til'I~~":t"':~{' ,:~l\!ll,:";"",~~:
, : ' ..' jilil Oln.~.:y,',,' 1"1I Oft'ft.,~ ,
" .- .~ ~ ' ~., ~~~. - ~~*,'CtM'8.. ,"' .
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"
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ti ' <'''~t.Ofi'\f.la'D''~f~9.TnEitfi.:.''ai'l~~.''Mia.ftin''~', '
" : B' :~~ft, .~r~,='::~:,:,>.<~:."lltMf!.~~Jt'i.":,.S!,~,_b2P~~~1$' " ~'::"';~, ", '
r., . ' : :.S:i:~ .' '~"".VJlOUBll!:'M"'.:; ,'" "=9d8'tI -
,.,., ' ,,' ~L,.Y .~t.mt!~,".&f\l.t l'tCtM'AlJ. "
" ,,""',,'"
D. ' " In the event. that.
t.wo or mor.eligible applicantF..1lies requirinq the's... unit
size have identical preference or priority statu.,.the date and
time sequence ot applications shall govern selection with the ,
~ppl1cant who filed the earlie.t application shall be issued a
certificate first (subject to the provisions contained in Para-
graphs A(l) and A(2) of this section).
The Ileusi", Atlthority eheeses te exere!ao lts-)!I!tht ~e 'i.....
preference te FA1lilies \,.he ar~ ree4:ding or werking withi" ~
ar~~risdiel~ftT
19
U222.16
06/10/94
;)-wg
At. SECTION VI. '1m
f "" ~~',,;.Th1a._.s.ot1on sats forth, the pOlioi..
dure. tor determinin9"Income for Eligibility, and the Total;
Tenant Payment, (Rent), ,for',Eligible Familie..\:_, "Th... pol~ci.. and
procedure. shall ba applicable in ma~in9 8ucn d.t.rain.~ion. tor
purpose. ot initial occupancy as well as in connection with
periodic or interim re-examinations of Family inco.., co_po.ition
and the extent of medical or child cara expen....
A. . ~r
purpos.. at determining it a Family i. a Very Low-Inco.. ,..ily,
ita income shall be determined in accordanoe with the'tollowinCJ
paragraphs B(l) and 8(2), except that where a FalDil~lP he_, net '.
..amily aS8etsin excelis of '$5,000, its income ahall include the
actual amount of income, ifany,derivedtromall,th. n.1:"a.ily
a...ts m: the current passbook rate'.as established by, the U.S.
Department of HUD ot the value of such assets, .whicheveri.
greater. For purposes at this determination, Net Fa1ailyA...t
means value of equity in real property, savings, stocks, ,bonds,
and other forms of capital investment. The value of nece.sary
items such as furniture, and automobiles shall be excluded.
,...,,':~-,.~;~~j;;~"~7-;"^7'J'" .. . ,".' ',,',.,.".'...> ' ,'," ,'. .'
B. ' ~nnua l..lncome. ' Sour'ces '\ and compu~. Annual" incolI..: shall
include all payments.trom all sources received or anticipated to
be received during the twelve months tOllowing initial occupancy
or re-determination of Family incomeS by'" (If the he.d of the
household and spouse, and (2) each additional member of the
Family residing in the household who is at least eighteen years
at age. Annual income shall include that of the head of the
household or spouse temporarily absent 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 computation of
annual income shall be (1) temporary, non-recurrinq or sporadic
income.
()
1.
ces
e
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.
, S In making the estimate, due consideration should be given
to"9ast recipients of income. Arbitrary assumpt.ions or imputation
at ~ncome ot periodic receipts shall be avoided, inclUding a lump~
sum payment for the delayed start of a periodic payment. Benefits
paid on behalf of a child are considered as income accruing to the
i;)arent.
u
20
WZ22-16
06/10/94
,;;~?
.
,..,
b. The net income from operation of a bu.!n... or
profe..ion or trom rental ot real or per.onal property
(tor this purpo.e, expenditures tor bu.in... .xpan.ion
or amortization of capital indebtedn... and an allow-
anc. tor depreoiation ot capital ....t. not be d.ducted
to d~t.rmine the .:tet inc01". from a bu. in... ) .
, ,
o. Inter..ts, dividend., and net inco.. ot .nykilld
from rial or personal property. 'When th. applicant/.
total a..ets exceed $5,000, the PItA will calculat. the
dollar'amotlnt included in the Family'_ annual inco.e
which ia specifically derived from as.ets. In addi-
tion, it assets are greater than $5,000, annual inco..
ahall include the greater of the actual inco.. deriv.d
from all Net Family Assets or a percentage ot the value
of such assets based on the current pae.book .avinq.
rate as determined by HUD.
d. The full amount of periodic payments received trom
Social Security, pensions, retirement funds, annuiti..,
insurance policies, disability or death benefit. and
other similar types.
e. Payments in lieu of earnings, such as une.ploym.nt
and disability compeneation, workers' compensation and
..verance pay (but ae. paragraph 2(0) ot thi. ..ction).
~
21
W222-16
06/10/94
O~,:~:'
..'.
, ,
t. Public Aesistanee, such as AFSC, S8I, and General
Relief income shall include the amount ot ~h. allowance
specifically designated for shelter and utili~ies 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 residing in the
dwelling_ Child support is considered as income accru-
ing to the parent.
't
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 ot
. 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 seotion).
~.30
~
j. Any earnea income ot f.ull..time .tudent. age 18 or
older.
2. 1emporary. ~eo\lrrin9 ot' fJpot'
.tiLiI1....t1m~mp\ltA.tJ. on 0 tJannul.L.l.nQSmll.
a. Casual, sporad!a or irregular gitt..
b. Amounts which are' speoifically tor or in reia-
bursement of the cost of medical expense..
o. Lump-sum additions to FamilYk8set., such a.
inheritances, insurance payments (includingpayaenta
under health and accident insurance and worker. co.pen-
sation),capital. gains and settlement tor per.onal or
property 108ses, or for the delayad start ot Social
Security or SSI benefits. such sums, however, may be
included as assets in the determination of ineoae tor
eligibility.
'~)
(:~
,
d. Amounts ot educational scholar.hips paid directly
to the student or to tho educational institution,' and
amounts paid by the government to a veteran tor use in
m6eting the costs of tuition, fees, bookR and equip-
.ent. Anv QUQYntl o{ 8uqh 8CbQ}ar.hip=~ ~ P:bl:ht:-:Q
vete~ans, not use4-tor ~e above purno s r r
~or su~tence are_~o ~nQom..
e. Student Loans, regardless of what the loan ia used
for.
f. The special pay to a serviceman head of Family
away from home and exposed to hostile tire.
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 Aet 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.
u'
22
\1222-16
06/10/94
~-31
I,
-
,.,
2. National Older American Volunt..r. prOCJrau
for person. aged 60 an~ over whlohinolud. Retired
Senior Volunt.er Pro9ra.., Fo.t.~ Grandparent
Pro9rama, Older American community Service Pro-
grams and National Volunteer progr... to ...i.t
Small. Busin... Experience, Service Corp. ot ae-
tired Executive. (SCORE) and Accive Corp. of Ixec-
utives (ACE).
3. Payments to volunteers under the Dome.tic
Volunteer Services Act of 1973.
4. Payments receivBd under the Alaska Nativ~
Claims Settlement Act.
5. Income derived from certain SUb-marginal land
ot the United states that is held in trust for
certain Indian tribes.
(::'
~~~
6. Payments or allowances made under the Depart-
ment ot 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 Indiana.
9. The first $2,000 of per capita .hares 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. Tota~enant Payment~ Each eligible FamilY'e 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 Eld~rly Family.
.;;)
23
W222-16
06/10/94
, ;;'32..
"
(c) Child oare exp.ns..:
1., Amount. paid by the Fa.ily tot',tbe care ot
minora under 13y.ar. ot age or forth. care of
di.abled or handicapped Faaily .eaber., but only
wh.re .uohoare 1. n.c....ry to enabl. a F..ily
m.m~.r'to be 9ainfully amployed, or to further hi.
or 11.r.... education,' and the amount allowable .. '
child oare expeil..s'.hall'not: exceed th.,..ount of
:1noome'trom such employment. V.ritioation of ' ,
childoara expens..,must be provided 'on a Hou.ing
Authority fOnl,: including, nam.!.ddre.., .ocialp,
.ecurity number and'. copy of ~he licen..ot the
child care provider (it licen.. exist.), .u.t be
included in thetorm. AlBO, if:.the ra.ily i. ,
.nti.:led to file'torf.deral,and~.tat.' inco...tax,
the amount claimed through the Hou.1ng Authority
tor ohild OKra must be reflected 'in, the st.te and
Foderal Tax Ql.im tor thG appropriate year, if the
Family is eligible for a tax deduotion for ..1d
child care. In the event the child care .xpen...
are in part or whole paid tor or r.imbur..d to the
Family by any other government agency, the a.ount
paid tor or reimbur..d to the F.ml1y ahall not De
counted as a deduction in the calculation of ten-
ant rent.
Q
24
V222.16
06/10/94
o
.)-2
,.,
SECTION'VIr..
~
the basic steps whioh are to be taken in obtaining and verifying
info~matlontro. ap,licant Familie. tor the purpo... ot (1)
determining whether they meet the conditions of ellgibllityfor
participation .et forth in section 1111 (2) applying the priority
and pr.terence requirement. ..tabltshed in sectlon VI (3) deter-
mining the size ot dwelling required in accordance with S6ction
VIllI and (4) the rent to be oharged in aocordance with Exhibit
IV.
A.
25
11222-16
06/10/94
1.. Before issuance ot the Certificate by the.PHA, the
applicant: will be, interviewed'by.~ staff member who will
complete the Certification at Tenant Eligibility' (BUD
50058). The applioant must submit verification of all '
information requosted to assure tha~ the data upon whioh
determination ot eligibility, pri~rity and prc:erence ata-
tus, size of dwellin9 and Total Tenant P4yment (rent) are
full, true, and complete.
t:j
, ,
2. This' Certification of Tenant Eligibility (HUD 50058)
constitutes the basic record of each applicant F..ily and
together with all other materials relating to the Family's
eligibility and preference rating, etc. is to be maintained
in a tile for each applicant.
3. If, during the application 'process it: iadetermined
that the applicant is not eligible, the applicant iato be
so informed in writing and classified as ineligible (s..
Sootion VICE)). In such instances, sufficient information
to establish the faot is to be attached to theapplicdtion
which is to be maintained for at least three (3) year~. If
the applications received are not consistent with the ~'lblic
advertisement, no written response is required.
4. All entries on the application of applicant history are
to be made in ink, indelible pencil, or typ~d 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.
o
5. The applicant is to review and sign the application.
B. Verifioation and. Document_ation of AppUcati~
'1. Verifications will be required for information submit-
ted by an applicant to assure accuracy in determininq ellqi-
:?-3'f
,.,
"I
bilitr' and priority, preference status, rent to .. paid,.
and 8 ze of dwelling required, Verifications _uat be cur-
rent (ne more than ge ~g days old), The PHA willa
a, Provide torms to applioant. to as.ure receipt of
required information;
b, Assist the elderly, disabled or handioapped with
verifications when necessary,
2, Complete accurate verification records con.i.tin~ of,
but not routinely limited to, the following are to be main-
tained:
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a. Letters or other statements from employers and
oth~r pertinent sources giving authoritative inform.-
tior. concerning all items and amounts at income, to-
gether with other eligibility and preference determina-
tions;
b. Original or carbon copies of documents in the
applicant's possession which substantiate hi. state-
ments, or G brief summary of pertinent contents ot suoh
documents signed and dated by the statt member who
viewed them;
c. Certified statements, or summary data trom books
ot account, from selt-employed persons, and trom per-
sons whose earnings are irregular, such as sale...n,
taxi-drivers, etc. setting forth gross receipts, item-
ized expenses and net income;
d. Memoranda of verification data obtained by person-
al interView, telephone, or other m~ans, with source,
date reviewed, and the person re~eiving the information
clearly indicated;
e. Proof of displacement (see Section II(13)).
f. Verification of uninhabitable conditions (see
Section II(38)).
9. Verification of residency in the City ?f Encinitas
(see Section I1(36)).
h. Verification of payment of monthly rent in excess
of sot of monthly income.
i. . Verification of involuntary displacement (see
Section I1(13)).
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1. Verificiation:"r\~ta is to be revie~led and', evaluated' .as
re~ei ved '~or\ cqmpl""eteness,' accuracy" cind"conclu~iye~f!ss '~'
Where the '.-!information rece! ved is' not completely adequate in
all respects,,:"follow-ups ot. newefforts\~to obtain such, '
information aret.c)' be n\ade and carried,>,t~hrough to conclu-,
sion...If,durinq the verification process, it becomes evi-
dent. that for one 'or more reasons an aPP1.icant is ineligi-
ble, the investigation is to be "diacontinued and "the appli-
cant promptly notified in writing of their 'ineligibility and
the reasons therefore (see Section VI(E)). The PHA is, re-
quired to offer the applicant the opportunity to present
objections to a PHA decision denying assistance to the
applioant. However, the regulation provides that the infor-
mal review requirements for applicants does not apply to the
following typea of determinations, which are properly left
to the administrative discretion of the PHA, or which are
controlled 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 numbGr of
bedrooms entered on the Certificate under the PRA'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 PHA's determination not to approve the
lease for the unit.
d. To re~iew the PHA's decision not to approve a
request by a Certificate holder for an extension of the
term of the Certificate.
When verification of all necessary items for each applica-
tion is completed, the Certification of Tenant Eligibility
(HUD-50058) is to be completed and signed by the staff
member completing the form. This form, along with documen-
tation of verification shall be retained for HUD audit or
inspection in a file for each application or assisted Fami-
ly.
27
V22Z-16
06110/94
2-3'
..
~ SECTIOl-l VIII'~ ~
, ' 'J R 0 ' Prior to issuing the Certificate of
Family Participation, the appropriate dwellinq unit size for the
Family will be determined by applying the following oriteria:
1. ORe hcd~OGB Ccr~ifioa~es ahall se ioaued un~il ~he
allaaation i8 depleted p~!or to aere sedroom Oor~ifiea~&B
bei~, iaaued unlooo tho partioipant rcqacata a sera Bodroom
ecrtifioate.
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~. The bedroom size assigned should n~t~~q~!e~,;:).~~~!l than
two Gersons to occupy the same bedroom ~~'R~~D1II!I
~1.,' <'t*'.~ '1'.'~~,' ,~,~ ~~~'m' ," '~m""~('~M~~'''a:~'~-~'' :t.~, '~~sCa~\"ri~iW'", :n,.,o"..,'ii;'l:!~:~!?I~~::f1ft;;.~if.?p,!.t1'1-,;q, .,}1?." "
U:, ~v.:~ ~,.:.g: '~CI~,I.'~.?Si' ',00 ,,~..t'~-nfll:~~":'::ltI\l:lJ;~ ~~)l~ "LII .t.L~~I;~ ,,,t~";IJ. ~efYU~1lb 0.:
&~."" ,";''''M>~ ',>~~it'~;a', .:>: >>, , :ll:~ ,'~. 'j;~~t.ni:li\.<'>"""~'.:~"':,.t""!"'4-,~y~.,')~~";.;;,;,,,,,,,;>,'<',,~;~w,>>~:,f.~"!tt,itt~~,': '." "~'~" " 'Mt
OQCU..... ';i>1'~' .we' rO'oml'>W.t.i:.;..t~ian~ltfn...:all,~~ot;ttcU'.Il.L'-':~
tt~,*;~h'h~~ ' ~~,,'~f~~~);i'cW\~:~~~~W<"M'~,~~~~~.t~~d , , ,
. ' I, .,'i:'J~': r, ','.' ,,<',',':,:: '!":\,,i....:, '. ',': ,,'.: " . "',:'., ' " ,', '.',',:, ,', ' >,1
:1 . oee1:l,aftQ.,'\.~&:h realJe~e'i BerSOA 'of eppoa~e seK.
D\lellingB a~e ite,,)U!l aaai,)\~d','ae. t:hat:'. it will net. helleocs-
sarr fer ,perac,uf,af the eppasi'te ,ee)t, "other tban MU3baftd and
w-ife,toe~o1:lpy,~he'eaJ\\c bedreemCKoept. th~t~f ncceeaary at
time af admieoiofl,twe ehildren of theepposite seu under
t--\le years. ,af t\fJ6, may be permit:t.ad to aoe1:lp~he 8aBle ~etl-
resll. 'At:, adm!ssiaA, ene ohild under" tile , years" ef~9c, may Be
perlll!ttcs,te' eee~py,the pareftts# 13cdroolllal\dif neeeseary
fer 6efttift\lcd eeO\:lpaftey ,.01\8 ellil. \:lAtter feur 'years ef a!fe
taay))e permi:t.tcd to eeeapy., the parents # sed:r-ooll. De.:ia~iene
from tllea. staftd8~ds \lill,' require' doo\:lmcn~ation ke jlisti~
the deviation ~ample. lettcrfram a doe~er reQUirin! ft
httahaftd,aI\Etvif'e, I3rethers at' sisters t.o oocUPY separate
eedre8lftB ),ca8uae af .edieal reasons}. In the CVCft~ 'he head
af the household "culd prefer to have twa ahildrcn"of tho
eppes4. te sen o-:er the aCJe af ,tve years at" BfJC ohare a ),ed-
~, it ahal! be ~uthoriBcd 88 parental aheioe, and a
otatemcnt bo that: effeot ohall be signed hy t:ho head of the
hoasefteld, and ltcpt \lith t:1le file.
4T Every Family member regardless of age is to be counted
as a person. An unborn child wlll be counted as a person.
These principles result in the following standards:
28
"222-16
06/10/94
No of Bedroom
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1
2
3
4
Minimum
1
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2
3
4
Maximum
2
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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 Cortificate.
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rent'~ "8ma'~room';'ll..' Ull~ prQY~
. t: . ' \',tI. it -n
least oneal..Diner' room or U!j.nq'''1J.tDncr room en! .ppropr~
~e' .~z.for oaohtwo persons." A parent'L'1hall not be re-
quired to occupy a bedroom with an infant'or child..
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M, the. t~me 'ofappiioat18ft takift1J,the. Family Rlayeluu~se, ~8
appl.y,ferthe . J=3cdroomsiisc' Ocrtificate, of" ~he.ir e)u,iee,',
wit.hin the ,'as8ve . erilr.eHa,- 'or fer all'),edlteom-s4:oesfer'
,mica th~Pamilyis ~li.,lhle, aa oatllned above. -H mera
than ene, a~plioatien ia' ,submitted" fer diffeKnt Jscsreem
e-izcs, and a oertifioate, is effaredfer n partJ:e\llar' tiotireom
e-iea, sho\1ldthe' Falft~ly:eheea0 to a9oept,~hat oertifieate,
4*le applioati~ft fer another 13edreoJft"aisc ",,111138 oanceled.
Ono~.the Family" i9 ioouefi... a oertifiea~e8f hmily' par~Hipa-
tieR and th.e HouoiAtAutherity cKeoutes ~ Ilous!.., Assistaft&e
Payments Oontrast eft behalf af that Family, the Family .ay
Rat se issued a Oertifieate ef Familyrartieipatisn fe~
another hedroom aiseuftlesa the Family's oompssitioft ebaftleS
\8 the extent that a larger e~ smaller ufti~ is Reeded \8
properly aeeemmodate the Family (1 livi"!/8leepl.., roem fa.
eaoh 2 .em~ars of the hoyseheld). The He~sift' A~.herity
~il1 give the Family writ_eft ftee!oe of thei~ ri.h\& a~ khe
time af applieatisn, ana the Family will 811ft a '.eo~eft~
3ekft8Yled,ift~ receipt af said notioe)
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06/10/94
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SECTI01~ IX.
A.
Governina' Issuance of Certific~te of Fam~
(~ii;.)
:-,x.'iJi
. 1. After a Family has been determined to be eligible and
is selected for participation, a Certificate shall be pre-
pared and signed by a designated staff member. The Certifi-
cate shall state the number of bedrooms approved for the
Family (see Occupancy Standard, Section VIII); and the Total
Tenant Payment (see Section VI(C)).
2. The certificate, along with a Certificate 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)i
(2) The PHA's statement of, housing quality standards
and the forms for inspection for dwelling units.
(3) Information regarding lead based paint, poisoning
hazards, symptoms, and precautions;
(4) "Fair Housing U.S.A." (HUD-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
,')ther Services;
(7) Housing Discrimination Complaint Form (*HUD-9U3);
(8) Information on the PHA's procedure for conducting
informal hearings f.or participants. 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.
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30
\1222-16
06110/94
:tt3~9
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3. The briefing Session shall provide a full explanation
and time for discussion of the following:
(1) Family and owner responsibilities under the leaae
and contract;
(2) How to find a ~uitable unit;
(3) The general locations and characteristics 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 quality standards and proce-
dures for Family and owner inspections and for thoir
individual certifications of compliance with those
standards;
(5) Significant aspects of applicable state and local
laws;
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(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;
(S) Information regarding applicable regUlations
pertainin9 to the portability of the certificate;
(9) That the Family may obtain copies of the Housing
Quality standards, the contract and other pertinent
forms on request; and
v
(10) That the PHA will not be responsible for any
damage caused by pets.
B. ~xptration an~xtension of certi(~cate.
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 tile 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 might be helpful. If the PHA believes that
there is a reasonable possibility that the Family may, with
31
V22Z-16
06/10/94
~~
,.,
. .' . .
the additional advice or assis.tance, if any,',find,,~..uitable
uni1:,' 1:he PHA may grant onu or more extensions not to exceed
a total of 60 days. Expira1:ion of a Certifica1:e shall not
preclude the Family from filing a new applica1:ion f~r anoth-
er Certificate at the time the program "resumes accep1:inq
applica1:ions.
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32
\1222-16
06/10/94
c,
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SECTION X.
A. FJ,nders Keeners Policy.
1. Each holaer of;a Cer~ificate o!' Family participa~ion
shall be responsible for finding an Existing Housing Unit
sui~able ~o 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.
C
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B. Assistance of atQJ.ic DQusina <Jloritv. This PHA will
provide assistance in finding a unit for those Families who,
because of age, h~ndicap I or other reasons, are Uaa:tble to locate
approvable units. Assistance will also be provided in finding a
unit for any Family which alleges that discrimination is prevent-
ing it from locating a suitable unit.
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33
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06/10/94
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1. The PHA may deny eligibility to those 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
followinq c~iteria:
a. The Family has no unmet financial obligations to
tho 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 ~ontinues to be eligible for such
assistance,
c. SUfficient funds are available under the Ace.
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~
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3. A Family shall not be eligible for another ,C.r~ificat.
if i~ was evicted from an assisted unit in accordance with
local law and the provisions of the contact, unle8s the
Family has satisfied any liability to the owner and/or the
~. .
. ; .. . ',:, ' , ' ' , ,~ .,.
4. Th6' PHA may refuse to issue a Certificate or Family
Participation to a Family wishing to move to ~nothera8sist-
ed unit if the PHA has determined that any member of the
Family has been involved in drug-related or other criminal
activity, as defined in the Code of Federal Regulations.
5. The PHA may refuse to issue a Certificate of Family
Participation to a Family at the time of recertification or
move out, if it"hss been determined by a PHA conducted pre-
move out inspection of the dwelling unit that abuse of th~
property through participant negligence exists over and
above normal wear and tear.
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34
V222.16
06/10/94
O.~
'.. .
6. The PHA may allow a Family to receive another certifi-
cateon a conditional basis for the purpose of moving to' a
new unit with continued assistance if the Family meets the
criteria outlined in Section 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
~he owner or PHA before their next recertifi-
cation/determination for eligibility.
7. In order for a Cortificate 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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35
.,222.16
06/10/94
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that it is in decent", safe and sanitary condition in accordance
with established housinq quality standards.
1. If there are defects or deficien"ies,whiCh ~ust~be
corrected in order for the unit to be decent, safe and
sanitary, the PHA shall so advise the ownar, utilizing the
Agenoy Determination form for this purpose. Before a con-
tract is executed, the unit must be r~-in~pected to ascer-
tain that the necessary work has been done and the uI.it is
decent, safe and s~nitary.
2. A report lor every inspection and re-inspection' under
this paragr"ph shall be prepared and maintained in the files
of the PHA. Each report shall specify (a) any defects or
deficiencies which must be corrected in order for the unit
to be decent, safe and sanitary, and (b) any other defects
or deficiencies, a record of which shall be maintained for
Use in the event of a sub~equent claim by the owner that
damages were caused during the peri~d of occupancy by the
Family.
E. Seo'.lrltv OeDosits and-flfA Re1mbUt'sement for Unp~ rent and.
pamaaes.
1. If a security deposit,has been collected from the
Family and if the Family vacates the un!.t, 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 amuunts under th$ lease, or it
the amounts owed are less than the amount of the security
deposit, the owner shall ptomptly refund the full amount of
the balance to the Family.
2. If the securitY'deposit is incufficientfor'the reim-
bursement, or if the o.wner did'not collect a security depos-
it, ,the owner may claim'reimbursem~nt from thePHA for an
amount not to exceed the lesser.of (a) the amount owed the
owner, or (b) two months contract rent; minus, in either
oase, the greater of the security deposit actually collected
or the amount of security deposit the owner could have
collected. Any reimbursQrnent shall be applied first toward
any unpaid Family portion of the 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
36
\1222-16
06110/94
,1-f5
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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 securit.y deposits, t.he refunded amount shal.l in-
clude the amount of interest payable. The owner shall com- . ,. ,
ply wit.h all stat.e and local laws regarding interest pay-
ment.s on security deposits.
4. The PHA will not be responsible for any damage caused
by pets. , , . ,
',' .-;"', ,:.\ ,,' ,,':"'; ,~:,..'~':'~",' ".':",,,~:!.;,:.i;''':\j!'':,:.":,.:..:\,~.~~~,.,,.,., ~;"<. :..~...':<~,...::.
5 · To ,make 'a . claim, ,the own,er l'shall ~:'imm'~d~~t:elY1:ji~tify,t:he
PHA anc:t;" th~;':t.ena,n1::.: ()(\~,h~ "', damag~!.'i>i.".~, ':l'~~'oWtlf!~I~f!a.~a~~';!; ~l1bnii t.
to the. PHA":~i thin ,: '.:14.:4~Ys '" writ1;~n', d09umenta:t;.~PAs~uppor~inq
the :claim ,'. for reimbursement, includinq, evide~~.olf9fiactual
costs' ot rcaquired;'repairs andL~vfdcance;9~'"bi!~~rig:', to and
nonpayment ',by.. the;::1"amily ~The. PHA, will, ex~rc~8e the right:
to inspect,\;the' unlt';twith,.the. owner "to"det.ermine' the extent
of any,' damages priorT't:othe repairs,beinq' made.' . The.PHA
shall'",notify,the tenant, immediately upon receipt of; a' olaim
from'the owner, of~ said claim', and ,the tenant's riqh1:to due
process.' The.',notice'.shall stat.e the procedure the ,tenant. is
to fo~low in requestinq a review of the claim prior 1:0
Autho~ity making payment to the owner. In the event the
tenant rails to reques1: 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 receipt of the claim from the owner,
the PHA shall process the owner's claim and make applicable
payment to the owner.
F. }'avment' f~r Vacate~_Units. Housing Assistance Payments
shall be made by the PHA to the owner under the terms and condi-
tions of his contract, only for the period during which the
contract unit is leased or occupied by the Family during the term
or 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.
(1) If the unit continues to remain vacant, the Owner
shall receive from the PHA a Housing Assistance Payment
in the amount of 80 percent (80%) of the Contract Rent
for a vacancy period not exceeding one additional
month, or the expiration of the lease or tenancy aqree-
ment, whichever comes first. Any claim for vacancy
37
\1222-16
06/10/94
:t-r~
~
...,
loss must be submitted no later than GO days after
vacancy occurs.
(2) If the owner collect~t,any of the Family's share of
the rent for the additional month, the payment,JDust be
reduced to an amount. which, when added to the'Pamily'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 BUD or the PHA.
(3) If the owner evicts an Eliqible Family, the Owner
shall not be enti-tIed to any payment under this se~~ion
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. '
i,;~.;,",;;:,: " .',' ';:., .::-;;,;" ; i.'&~~~:; <~~\,;:,:~ ..,~,' ";,;:. . '
(b) The owner,J,shall" not, be eratl tled..;>~o',~!'~ny;::p~~en1:':undE.lr
thissectiott. un~~ss the owner'(~) ~mmed;~t~J..Y:;j~P9!1,~~~arn,ing
of the vacancy:,no1:ifiedthe PHA: of ,:the" vacancy':~oJ:'::prospec-
tive ,vacancy ,:~r~q~~sts 'a moye~~~t inspection.by\\;~~e.PHA
prior, to the start.. of t'epairs and' sUbmitsthe:-'request for
payment within 30,;' days~", (2)''' has,::: taken and continul\~.\,;~o take
all feasible actions to fill the vacancy, inClUding, but not
limited to, contacting applicants on ,the waiting--list, if
any, requesting the PHA. and 'other appropriate 'sources to
refer eligible applicant,' and advertisinq the availability
of the unit, and (3) has not rejeoted any, eligible applicant
except for good cause acceptable 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.
(e) The owner shall not be en'titled 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 relocates pursuant to Title I of
the Housing and Community Development Act of 1974, payments
under Section IX, paragraph E(l), and payments from the
Family).
38
WZZZ.16
06/10/94
.;:'i..:.t,)
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G. Anprova l....2f...L-ease~
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-
quir&ments.
(a) No otherwise acceptable unit shall be disapproved
on the grounds that it is either larger or smaller than
~-fJ
~
, '
the size unit specified on the Family's certificate
provided that:
(1) U " . .. The dwelling unit: con-
tains at loast one sleeping room or living/sleep-
ing room or appropriate sizo for each t.wo persons"
unless:
39
\1122-16
06110/94
(2) 0 ' " The Contx-act. Rent plus
any nllowancesft do~s not exoeed the fair mark~~
rent for the smaller size unit 8B stated on the
Family's Certificate, or such higher rent can be
approved by the PHA or HUD.
. .
(i)lAmilx-Baquests for Transfers ~arqer
llD.1.tL.ln the event a F8mil~' request.s a
transfer to a larger unit due to a change in
Family composition, the unit the Family wiah-
es to trarlsfer into has a minimum number of
bedroom equivalent to the bedroom size speci-
fied in the Certificbte of Family Participa-
tion.
H.
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1. ThaPHA shall determine the amount of rent payable by
the Family-to the owner, which shall be tho amount of tho
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. lLotice to Owner anc:LEAm..U.L.
1. ~ease ~sapDrova~ If the PHA determines that the
lease cannot be approved for any reason, including tho
condition of the unit, tho PHA shall so notify the owner and
the Family, utilizing the agency determinatIon form.
2. ~ease Approval.
6 Tl'ta utility and other allowances shall be for the s:lze unit.
stated on the Certificate of Family Participation.
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a. Upon approval of the lease, a Housinq Assistance
PaY:':'.<<!nts Con~ract shall b~ prepared by the PHA and ,
presented to the owner for signature along wi~h the
lease and unit insp~ction form.
b. Il1U';\~diat.;ely upon the return and execution of~he ..
above documents, the PHA shall mail the leasel addei~dum
to lGase, copy of HAP Contract and unit inspection furm
to,the owner, and a copy of the lease and unit. inspec-
tion fc~m to the Family.
3 · .FJ.1JuL.
a. ThePHA shall maintain files on all requests for
lease approval together with dwelling inspection re-
ports (see paragraph B) and agency determination not.ic-
es relating to any unit with deficiencies.
b. All compl.aints by Famili~s concerning compliance
by the owner with the PRA's housing quality standards
shall be retained in the PHA's files for three years.
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\1222- 16
06/10/94
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A. 0 To
assure that a Family continues to remain eligible for Housing
Assistance Payments and to make appropriate adjustments in the
rent paid by the Family, the reexamination of Family !ncom&,
composition, and extent of exceptional medical and other child
car& expenses shall be made by the PHA at least ~ 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. Spec~Reexaminations. If at time of lnitiA} occupanQv or
~er~c reexam~nation. a Family is clearly low-income, but it is
not possible to make a reasonable accurate estiNate of anticipat-
ed income for the next 12 month period, the following shall
apply:
1. A special reexamination shall be sched~led 1 for speci-
fied 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 reaRonable estimate can be made for a 12-
month period.
2. For rent determinatlon purposes, the Family's rate of
income, based on the amount expected to be received. by thel
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.
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 completed prior to
the last month of the COlltract Rent.
41
V222-16
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3. Families whose past employment has been sporadic or who
are on welfare, then work, then are unemployed, should not
be given a speoial reexamination it suoh an income pattern
is expected to continue, as a reasonable twelve months'
estimate of their income may be based upon past and present
rp',te of inoome.
c. Inte i e.
~ No adjustments to Family's Total Tenant Paymen't 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 suoh information as may be
required at time of perJodic or special reexamination of
eligibility and redetermination of Family contribution,
section 8 participants and Certificate 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:
e 0 e - Loss of head
death, divorce or other continuing
circumstances, or addition of a Family member who in
accordance with PHA policy should become Head of House-
hold. .
b. ~anges Affectin~ ~ or Spouse or ~embe~
over t~e Age of ~
(1) The loss or addition to the Family through
marriage, reconciliation, divorce, permanent separa-
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 reemploym~nt;
(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.
42
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(7) Commencement or discontinuance of other source. ot
income which substantially affect the total ~.nco1U. ot
the Family (to be determined by the Eligibility/Occu-
pancy Specialist, or the Assisted Programs supervlsor).
Reports of the above defined circumstantial changes are to
be made on or before the first rent payment period subse-
quent to the occurrence of the change. Upon receipt of such
report, an Interim Reexamination of Family income and Total
Tenant Payment will be conducted. Failure to report such
occurrence of the above defined 'circumstantial changes will
require retroactive charges when necessary, and may be
grounds for termination from the section 8 program. .
In addition, a Family may at any time request a redetermina-
tion of its Total Tenant Payment on the basis of changes in
Family iucome or other relev~nt circumstances. If persons
related to the assisted Family move into the unit (with
owner's permission) the PHA will continue assistance only if
additional income is accounted for in the Family rent calcu-
lation, the occupancy standard are maintained including the
sleeping room provision, and any resulting increase in rent
remains with the FMR for the original size. Interim adjust-
ments will be made only as provided in Paragraphs 1 and 2
below:
2. An assisted Family who reports a decrease in income
(lasting in excess of 30 days) will be given an interim
redetermination of income. If upon verification, it is
determined that the Total Tenant Payment exceeds 30 percent
of the annual income, an appropriate adjustment shall be
made. ·
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 reexa&ination
and rent will be appropriately adjusted.~ Reports of the
above defined circumstantial changes are to be made on or
before the first rent payment period subsequent to the
· Use of Special Reexamination provisions assumes that in the
year the contract terminates, the recJuired periodic reexaminations
procedures will be started no later than the beginning of the third
month prior to the contract termination date and completed prior to
the last month of the contract rent.
9 Interim adjustments will be made only if there is a minimum
$10.00 increase or decrease in the monthly Total Tenant Payment.
Data assembled at the time of the reexamination is to be filed in
the folder set up for the Family.
43
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occurrence 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 che
Family portion of rent payable to the owner and will notify
the owner of any change in the Housing Assistance Payment to
be effective according to the following:
a. Increases in rent are to be made effective the
first of the second month following that in which the
change occurred (retroactively if necessary).
b. Decreases in rent are to be made effective the
first of the month followinq that in which the change
was reported, provided that the change is reported to
the PHA no later than the 20th of thB month in which
the decreaGe in income occurred. In oases 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.
~eex~mination procedures.
1. Annlioationfor Tenant ~tv an~ecertt~
The head of household of each assisted Family is to be
required at the time of the reexamination to submit informa-
tion for completion of the certification and recertification
of tenant eligibility (8UO-50058) on a PHA form, and to sign
that form. All entries are to be made in ink, indelible
pencil, or typed in. Corrections and ohanges 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 reasons and
authority for such changes are to be noted in the record.
2. Vari(~cation and Documentation of Reexamination Data,
To assura that the data on which the determinations of
eligibility for rent to be paid and the size of dwellinq
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) are 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-
44
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06/10/94
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sion. When verification of all necessary items for each
application are completed, the certification/recertification
of tenant eliqibllity forn\ is to be comploted and signed by
a designated staff membe~. This summary is to cover the
fallowing determinations and the basis for such determina-
tions:
3. &lm.marv of VerW-ed.. P~Q
a. Eligibility of the tenant group as Family or as
the residual of a Family
.
b. Size of dwelling required;
c. Eligibility of the Family with respect to income
limi~s for continued participation;
d. Extent of medical or other child care exp~naes;
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. Hgtj,Qeto FamiJv'and Owner E2lJ.ow~n9 Reexamination. within
30 days after the Family has sub~itted all the required informa-
tion, the PHA is to notify the Family and owner of any increase
or decrease in the.amount of rent payable by the Family and
housinq assistance payments to the owner.
1. Overcrowded Uoit. 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 mu~ual rescission of the existinq
lease and the Family and 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 first owner can be terminated in accordance
with its terms, the contract with the first owner shall be
terminated and Housing Assistance Payments shall be made
available to the Family for occupancy in the acceptable
unit. Housing assistance payments will not be terminated
unless the Family rejects without good reason the offer of a
unit which the PHA jUdges acceptable.
.
2. If the PHA determines that the unit is too large for
the F~mily due to decrease in Family size, provision of the
paraqraph above apply, except that if the contract rent plus
45
\1222-16
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any allowances does not exceed the fair market rent tor the
smaller size unit required, the Family may remain in the
dwelling occupied.
F. e If it
is found that the Family is ineligible for continued participa-
tion as the result of the portion of rent payable by the Pamily
(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 termin~tion of Housing Assistance Payments to the owner,
effective with ~ 30 day notice to the owner Qr expiration of the
current HAP contract, whichever occurs first (the HAP contract
shall expire upon termination of the lease or expiration of the
PHA's ACC with the u.s. Department of HUD, whichEsver occurs
first).
1. This notice shall also state that such termination of
eligibility shall not affect the Family's other rights under
its lease, nor shall such termination preclude resumption of
payments as result of subsequent changes in income or rents
or other relevant circumstances during the term of the
contract.
2. If the contract terminates at such time that Family is
ineligible for payments, the contract shall not be renewed.
In addition, if 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. ~~stances of Misreoresentation of Non-com~liance bv th~
Familv.
1. If it is found, upon reexamination that at the time of
issuance of the Certificate or any subsequent interim or
periodic reexamination, the Family made misrepresentations
which have resulted in their paying a lower rent than they
should, they will be required to pay the difference between
the rent they have paid and what they should have paid.
Housing assistance payments will be adjusted to reflect this
increased rental payment. Misrepresentations by the Family
shall also be grounds for termination by the PHA from the
Section 8 rental assistance program.
2. If it is found at the time of reexamination, or any
other time, that the Family has failed to report changes in
income as required after the interim adjustment lowering the
rent and such changes would'have required them to pay a
higher rent, the increase rent is to be made retroactive to
the second month after the date on which the change oc-
'!a
W222-16
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;to~
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curred. Failure to report changes in income or Family
oircumstances within 10 days from the date the ohange took
place shall be grounds for termination by the PHA from the
section 8 rental assistanoe program.
.
u
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\1222-16
06/10/94
3. If the Fantily is st.ill eligible in accordance with
Paragraph E of this section, and the reason,the unit railed
to meet HQS was not due to tenant damaqe or abuse above
normal wear and tear, and the Family wishes to move to a
dwelling where it can continue to be assisted, the PH1\ shall
issue another Certificate or process a request for lease
approval, as the case may be in accordance with SectiOil
X(C).
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I.
~ons/Ter~ination of Tenancy.
A. ,or leases/tenanoies entered-into on or a~er OQ~
.L......l2B.L. the owner shall not terltlinate 'tenancy during the
term of the HAP contract/lease nor refuse to enter into a
new assisted lease with the Game Family, except for;
. .
1. Serious or t'epeated violation of the 'terms of the
lease;
'-. Violation of federal, state or local law which
imposes speoific requirements on a tenant in connection
witr the ocoupancy or use 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 ;.~amily to accept the offer of a new lease, a tenant
Family history of disturbance of neighbors or destruction of
property, or of living or housekeeping habits resulting in
damage to the unit or property; crlminal activity by tenant
Family nembers involving crimes of physical violence to
persons or property; the landlord's desire to utilize the
unit for personal or Family use or for a purpose other than
usa as a rusidential rental unit; or a business or economic
reason for termination of the tenancy (such as sale of the
property, renovation of the unit, desire to rent the unit, at
a higller 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
limitatiou on the application of "other good cause" to
situations not iacluded in the list.
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
terminatio~ of. tenancy, at the same time that landlord gives
notice to the tenant under stat~ or local law. The notice
to th'l PHi\ may be given by furnishing the PHA a copy of the
notic9 to the tanant.
D. The FHA does not play any role in the actual eviction
process. The PHA policy, however, allows for:
1. Determination of pontinueq Family participation in
the Section 8 program (reqardless of whether or not
chore is a court "authorized" eviction),
48
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~
,.,
2. Tenant appeal process (Exhibit I), if, in tact,
tenant is denied continued program participation and
3. Determination of continued landlord participation,
based upon "findings" by the PHA. It the landlord "i.
quilty of any of the tollowing "findings," tho PHA may
bar future continuod participations
- 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. a
-
With the e~ception of
the special requirements and responsibilities listed below, all
other Soction 8 Existing Housing Regulations and POlicies shall
be applicable to the Voucher progrant.
VouQtler ~rogra11l
(Not issued in conjunction with the Rental Rehabilita~ion Pro-
gram)
~ro9rOm 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 0 - Existing Housing 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.
Specia~eauirements an~espons~~
A. The PHA shall maintain separate accounting and report-
ing procedures for the voucher prograN 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 receive a
voucher packet which shall include rent computations appli-
cable to the voucher program.
O. A voucher holder may pay more than the payment 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 th~ payment stan-
dard (fair market rent), they receive the sav).ngs 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.
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\1222-16
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G. The PHA is not required to accomplish rent comparabili-
ty/reasonableness under this program.
H. In selecting applicants from 'the waiting list, the PHA
shall Use the section 8 Certificate waiting list for the
~ousinq vouoher program. A Family who applied for Section 8
rental assistance prior to the availability of the Vouoher
program in the city of Encinitas may not be penalized tor
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 taken 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 order 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:
a). Have been a resident of the city of EncinitaB
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 Land~sun4er the VouchQr Proaram. The benefits to
the landlords participating in the voucher program differ from
the section 8 Existing certificate program. All other sections
remain the same as under the certificate program, the landlord is
only entitled to the fOllowing:
Damage and unpaid rent claims - the Housing Authority is
only liable for one month's gross rent, less security deposit,
fur tenant caused damages and unpaid rent. The Housing Authority
has no liability for vacancy loss.
~1
W22Z*'!$
06/10/94
;;'-10
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B~l~oo certkftoat~o
ro ra~ cum~ary. The Scotion 8 certificate ~regra. rro~eo~ CA16
~oo: 013, f\lAded by tile gepal'tllleAt at lIo\lsiAg ,,!,d ~:aft d~ri;~
ment under ~co &F SJ1, ~ppraved in Oo~ober, 1992, aft a - R
tcred hy tll~ lIouOln! Authority af the oity of EftoiftibaO'itiee
iftte~ded to provide rental aaa!otin~c to ;~t~o~:~e:~u~i:g Author
apply!", for ceotioft 8 rental aOG B anoe
Jl.u of the oity af EnoiftitaoT
~
spcOlitr=n~iIH i rc1ftcftto~.aAE1 ReOp8ft13 ~co.
11 'lIolftelefJEJ applioanta fer scotion 8 refltal'asoistanoe
~hall.be-~ricfed aa to the apceia! requiremcnta and r~GpOR-
~isili4iea of the pro,ram aRa reoeive a oertifioate, when
a~ail~ble, which ohall iftel~de the Dame dooumcnta as an
~,istift! certifiente halder.
B .l-ft-e&koti", apJH:4.c8nt3 from the uaitiR, l.i:&t1T the 1'111.
ahall use the Seat ion 8 oe~tifieatc waitift9 liot for ::c
hameleos oertitieatea, ftotifyift9 thooe appl!oaft~a 8ft e
\laitin, l!ot \/h6 ha-..e indieated the prcfereftoe reqaoot. fe::m
that they are aurrcntly hameleoG, thraath AO faalt ~f ~he1~
owJ\ and. \/)\0 have local, aftcl vct~rano prefercnoe, fzr~. n
ora~!' to he inoued th6 ccrtific~te, thc applieant muo~
pro~ide evidcncc of bcin~ hemclc~a. Aoocpt~blc dooamenta
~n ahall bei
a ~ otatcment Oft aooeptable lctterhead, from a
h~mcl~Ga ohcIte!': vcrifyin~ that N1C applicaRt ia
~~eftt~y homclcGol
b ~ statemcnt on acoeptable letterhead, frem-a
p~lic~ dcpartmc:lt, vcrifyi.lg that: tho applicant 10
aarrc~tly hemelcS5T
o. A atatclftcnt, on acoeptable lctterhoad, from ~noth-
er !OVCrnm8ftt agcRoy, Buoh aD tho Departme~t of Public
teoial ccrvioeo, verifying that ~he appliaant io our
~J\tly :tef1\cleoG.
C. In the evcnt there arc no homclcoa applioants 8n tho
~JI}. \laitin(j liot \:ho h~vc a vator:lfto prcfcrcnoc, holftclcoa
52
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SECTION B INFORrofAL HEARING l'ROCEDURE
~
When a pa~ticipant is deniea benefits, he/she may request the PJQ
to conduct an informal (non-judicial). hearing. The purpose of
the informal hearin<< is to come to a final decision on the
eligibil.ity of an individual to receive housinc; :..asistance. If
any individual does not submit, ~, a request for an
informal hearing within ten (10) working days of receipt of their
notification of inel~gibility, the determination becomes final.
The written request is not subject to any formal format, but is
to be directed to the Aosisted Programs s~pervisor, and must
include a statement as to why the decision is unfair and what
relief is sought by the applicft"t/participant.
o s
In accordance with HUD regulations, an opportunity for an inf.or-
mal hearing Will be afforded to:
~~CIPANTS: whose assistance is terminated or reduced because
or:
a. A redetermination of the amount of. the total payment or
tenant rent (not including detel:mination of the PRA's schedule of
utility allowances for Families in 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 PRA'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 ~ccommodated under the program guide-
lines.
e. Failure to comply with the te~ms 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 beforft a final tormination of or reduotion in assistance
goes int~ effect.
~.!m
If, in the initial review or reexamination, a determination ot
partioipant's ineligibility has been made, the PIIA shall notify
that individual of. the determination. 'i'his notice will be given
by lett~r through first olass mailar by personal delivery.
The ineligibility notification (Initial Agency Determination)
shall be attaohed to the individual's files and shall include the
following information:
a. The specified findJ.ngs/facts and reason for the determina-
tion,
b. A clausa 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-
t~tion 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 ls not reoE\ived within ten (10) workinog
days, the individual forfeits hiS/her right to appeal and the
determination beoomes final.
If a hearing is requested, th~ 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 ctthe time, date and place of the hearing by certi-
fied mail, return r~ceipt requested. If the Family has a good
reason for not being able to attend the hearirag 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 t.ime will then be scheduled.
co
o
G
The informal hearing shall be conducted by an agency-appointed
Hearing Officer. Generally, Hearing Officer will not have
previously partioipated 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 proposed Hearing Of ticer's lack
of objeotivity is clear, the Exeoutivo Director shall appoint
another individual to conduct the informal hearing.
This is a non-judicta.l he~rinq, so no fo~~al prooeduro need be
fallowed. It is the ~iBcrettQn of ~hQ "eft~1n9 Officer 8S to how
the hearing is to be conducted. "Qwever, it shall be the respon-
sibility ot the Officer lp ~naure the adequato information is
brought and that the ordel." of the hearing goes ~ccordlngly. The
Off-icer will always identify the session (parties reGent, date,
time and plaoe), and read Lho initial agency determination whioh
pron\pted the hearing. '1'he Off !cer 1s to m&ke perti~ellt notes and
aoknowledge material and testimony needed to make a reaponable
determination. (The need ~or a tape reoording and transcript of
the proceedings shall be at the discretion of the Heari1l9 Offi~
oer). However, a request by the Family for a taping to bo done,
will be honored.
The oomplainant shall bo afforded the oPPQrtunity to examine
before the hearing and at the expense of the oompl~inant, to oopy
all documents, reoords and regulation of the PitA that are r~le-
vant to the hearing_
The complainant has the right to present evidence and arguments
in support of his/her complaint ~nd to confront the and cross-
examine all witnesses on whose testimony or information the Plm
relies.
DECISiON
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 ahall rest solely on
the evidence brought out at the informal hearing. Therefore, the
Hea~ing Officer shall state the reasons (applicable federal
regulations and program guidelines) for the particular detBrmina-
tion and indicate the relevant 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 conalusion of the hearing.
If the landlord is to have a notice of the decision, it shall'ngt
contai~ the entire determination; but only the final deoision
"summary."
FAMJLY STATUS FOR INTERIM PERIOQ
If an ineligibility determination io made by the agency:
.
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1. Both the owner ~n Family will bQ givon thirty (30) days
notice ot the date housing assiatanc9 "ill stop. (If the l..~.
should expire first, the assistance will stop on the 1....
expiration date).
2. If the uwnar uhooaos to evict the tenant at this point, and
if tIle eviation prooess extends boyond the notice period, the
ftgenoy is lUlt liable for itu portion of the rent.
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FROM:
HOUSING AUTHORITY OF THE
CITY OF ENCINITAS
AGENDA REPORT
Meeting nato: November 16. 1994
Board of Commissioners
Lauren M. WaBserman~
Secretory of tho Board/Executive Dlrec\or
Community Dovelopment PA8,Bartment
Sandra Holder, Dlreotor *l" 6' 0 ~,...-
Lynn Brown, Housing and Grants Coordinator 0-'
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Consideration of staffing options for Section 8 Rental Assistance Program.
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Which option to select for Implementing Section 8 Rental Assistance Program.
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On July 27, 1994, the Board approved applying for Section 8 Vouchers under the
Notice of Funding Availability offered by the U.S. Dopt. of Housing and Urban
Development (HUD). On October 21, 1994, HUe notified the Housing Authority (EHA)
that the application had been approved for 50 vouchers with an annual contract of
$380,800 ($1,904,OOO over a five year contract).
ANAL VSts;,
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In order to understand the scope of the program, a chart of the Section 8 process Is
provided In ~y Ste~ (Attachment A). A diagram of the roles and
responsibilities of the EHA, of the Section 8 household who receives the voucher, and
of the owner from whom they rent Is outlined In Attachment B.
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Several of the functions for Implementing the Section S 'prograrnCan'be ,accomplished
bye contract with existing City staff. For example, monthly, rent payments to
landlords, financial reporting to HUD and tracldng the SectionS account can be
provided by the Finance Division staff. The EHA would contract with the City for these
services; which would be paid out of the Section 8 administrative budget. Overall
policy development, budget preparation, and reporting to' HUe can be Included In the
responsibilities of the Housing Coordinator's time In the Housing Authority
administrative budget. However, neither the City nor the EHA has staff with the
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. required knowledge and skills to Implement the majority of the steps In the Section 8
prncess. (See Position Description, Attachment C)
Although the EHA could hire staff using the Personnel Policies adopted by the EHA,
finance servlceu, office space. and other admInistrative functions would have to be
purchased separately. probably through various contracts. Therefore, 8t8ff'~8
suggesting only options which provide for the EHA to contract for staffing ar,d which
assume the EHA would contract with the City for finance services, space, and
administrative ;unctlons.
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The Housing Authority could:
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1. " Staff was unable to locate any p'rlvate firms providing
this service on the West coast. The Orange County Housing Authority rocently
searched for housing Inspection firms. There were no firms In California. Other
housing authorities contacted knew of no private firms providing Section 8 services.
Contacts with the National Association for Housing and Redevelopment Officials
(NAHRO) only produced a firm In Connecticut.
2. CQotm The County Housing Authority Indicated
they would be Interested. Carlsbad H.A. would be Interested In Ii contract for all the
duties except the establishment and maintenance of the waiting list. However, this Is a
very time consuming duty.
3. .Q.Qn1mCLwItb..!b! t r" · The employee would
not be a City employee. but would be housed at the City, report to a supervisor, and
receive evaluations. The City would recruit ihe employee. but they would be hired
through a employee leasing firm. The firm would charge the Housing AuthorIty for
salary, 13% of the base pay for t&Xes and worker.s compensation and a monthly
administrative fee. The emplo~'ee would pay their own medical. retirement, life and
disability Insurance.
4. t t' I ~ The City wouid recruit for
the position. There Is no one presently on the City staff who has the knowledge, skills,
and abilities needed for the position. The position could Initially be full time In order to
establish the program and then cut back to part time after the first year if less time Is
needed and/or less funding Is available.
A comparison of the four options Is provided In Attachment D. After analysis of the.
pros and cons of the options. staff recommends selection of option 4. contracting with
the City for a City employee.
Administrative fees (revenue) for the first year of the contract Is $81.945. The annual
fee for the remaining four years Is $67,970 per year.
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Select an optlor. and authorize the Executive Director to negotiate a contract between
the EHA and the City for the provision of the required services.
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SECTION 8 KEY STEPS
,t,ppllcaUon
(Placed on walUng II" bV p..foltnce)
Eligibility
Determln.Uon
a:HA '''UOl Voucher
Conduct. OII,flno
Stitch tor Houllng Unit
(Stllch P.rlod lip To 60 Daya)
Dot, Not And Unl'
Wlt~ln a.areh Period
ATTACUMENT A
Famllv Mev Ae.App1v
PrOctM fltW From Btglnlng
~ EHA Extend. Stllen Plflod EHA Dot, Not fxttnd
Famllv And. Unit · Contlnu.. Proeo.. Vouche, Explr.,
Famllv find. Unit
Slon. Lla..
Family Submit. Lea..
To EHA
Houalng Quality
inspection
Unit Fall.
Own,'Do..NotCou.~ Own.rCoula.
Family Seeka flew Unit R&ttuost. Relnap.ctlon
Unit PallOa
Unit Passal
Contract, ~.IAS", /a,ld J
Aolatod tloc\trflont3 f'iO..'l410d
ONn., And Family
&tcut.. Lease
Monthly Payments To Own.r Beoln
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ATTACHMENT 8
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. Provide income and family information n..d.~ tor
certification of eligibility and caloulation ot rant.
. Sosrche8 tor housing
. Pays tenant portion of rent
. Adheres to leas8 requirements
. Allows annual inspeotions and incol'llG recertiflaation
and reexamination.
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SIOTION 8
LEASE
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HOUSING AS8I8~AHCE PAYMBNTS
CDl') CONTRACT~
..cerlo. .
/ VOUCBBl\/CBJlT
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eTenant selection and leasing
, -Normal landlord functions,
e.g. maJntenance, rent
collection, enforce leasa
provisions.
ecompliance with Housing
Assistance Payments (HAP)
Contract. .
-Certifies; recertifies tenant
.Approves units and leases.
-I~onitors Compliance with the rules.
.pays HousinqAssistance to owne~.
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ATTACHMENT C
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CITY OF ENCINITAS
DOUSING SPECIALIST
IlIl.I1mImi
Under seneral supervision, to u:Jist in the admlnlsuatiol', planning. organization, and coordlnatJon of
tho Section 8 Rental Assistance Program; to managc a caselolld; to ncsotlatt' with landlords; and to
perfonn a variety oftaska relative to assigned area ofresponsiblUty.
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Exercise. no supervision.
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Aasiat in the adminlstration of Section Ii Rental Assistance Program amd manage a Section 8 cueload,
Including processing new leases and moves, conducting annual re-certificationl, and perfonnfng
fnsj)ections.
Answer pubUu inquiries and provide Infonnation related to the housing programs both orally and in
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wntang.
Establish and maintain waiting list.
Conduct workshops and make presentations to owners and tenants about the housing pr<Jgram.
Conducts eligibility int~rviews with program applicants.
Make rent determinations based on gathered information and verifications.
Negotiate rents, move out claims, and r.antraets with landlords in accordance with program
guidelines.
Issue certificatealvouchers; counsel owners and tenants on program regulations.
RevieV/, investisate, and resolve complaints from property owners and tenants; conduct irionnal
hearings to medidte owner and tenant disputes.
Maintain computerized records and database on client and housing infonnation.
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Review financial reports, delinquent accounts, and negotiate with property owners concerning rent
amounts and claims in accordance with program guidelines, including monthly preparation of
warrants to Finance Division for payment.
Prepare and maintain accurate and complete records.
o Prepare clear and concise reports.
Respond to requests and inquiries from the general public.
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CompU, .tatist1ca1 dbta for HUD reports; assist with preparation ofHUD reports and quarterly draWl
trom 11UD.
Perfonn related duties and responsibilities as assigned.
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Operation, services, and activities of. houtdna prosram.
Pertinent federal, state, and local housing Jaws, codes, and regulations.
Principles and tcclmiqUtd of r~port preparation.
Modenl office practices, methods, and computer equipment.
Principles and procedures of record keeping and reporting.
English usage, spelling, vocabulary, granunar, and punctuation.
Basic mathematical and financial principles.
Safe driving principles and practices.
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Operate modem office equipment, including computer equipment.
Operate a motor vehicle safely.
Conduct applicant interviews.
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Interpret and apply federal, state, and loc&llaws, resu1ations, policies, and procedures.
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Speak and understand Spani!h.
Plan and organize work to mett schedules and :leadlincs.
Exercise good Judgment, flexibility, creativity, and sensitivity in rtsponse to changing
situations and needs.
Conununicate clearly and concisely, both orally and In writlns.
Maintllb, computerized database and records, u r.ecessary.
SatabUsh. maintain, and fOlter positi'/e and hannonlous workinS r-:latlonshipa with those
contacted In tho course of work.
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.41(Y comb/tlllllon equivalent 10 experle"ce and Ira/"/"g thai would provide th, required
""owledge, sldlls, and ablllt/es would be quallfy/ng. A typical way to obtain th, knowledge,
skills, and abllit/es would be:
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~merience:
Three years experience in the Section 8 Rental Assistance ProgrftDl.
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Equivalent to two years of college course work with major r.ourse work in pubUc
administration, social service, business administration, or a related field. Additional
experience in housing, social services, or current experience working with a Section 8
Rental Assistance Program may be substituted for education on a year to year basis.
LJceose or Ce~!W.
Possesdon or, or ability to obtain. an appropriate, valid driver's license.
bHw Req,lrem~QtI:.
Essel'ltial duties require tile lollow/ng physical skills and work environment:
Ability to work in l\ standard office environment with some exposure to outdoors, ability to
travel to different sites and locations.
o Effective Date: November, 1994
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ATTACHMENT D
COMPARISON OF SECTION 8 STAFFING OPTIONS
OPTION PRO CON ESTIMA'rED
COST
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ContraC't · EHA .would only need to .Clty would not receive Unknuwn
private flrrn cor.tract with one source. funds for space and
" City need not provide overhead costs.
space, although space Is · No firms available.
available,
Controc:t If contract with County · EHA. wouldn't receive Administrative fees
other only need one contract. any i administrative ($53,925) would
housing (Carlsbad couldn't do funds, .. go to County,
authority whole program) · Additional. Housing Portable vouchers
Coordinator tlrne and faes Yfould
needed to.. monitor and remain with
enforce contract. County,
· HUe would have to
approve the contract.
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Contract eClty would not have to . City would stili have $46.400
with City for deduct for taxes or to recruit. ($40.000 base
"leased workers camp. · EHA would have two pay, $5200 for
employee" · Em~'oyee purchaJe own contracts: one for taxes and
bene ts, . finance services and worker's
· Leasing firm would fire space with the City and compensation,
poor employee. one with the leasing and $1,200
· City would receive firm. administrative fee
overhead funds. to leasing firm)
Contract · City receives overhead $48,600
with City for funds. (Salary and
employee. · Only one contract for benefits)
EHA. I
· If em~'oyee proves
unsatfs aatory, still could
easily be terminated during
probation period.
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cd/glb/srll1694.ha2 (11/8/94)
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~rTACHMENT E
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ENCINIT AS HOUSING AUT~IORITY
Annual Budget · Seatlon 8
ManaQerl(.1 )
Salaries' (2)
.BenBflts(3)' .
l'enants Board (11)
~l~~'s/8ub8crle.t.
Admln.Servlces (4)
FacllltIB3(4)
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Central. Services (4)
Mimt~ Info. Svcs.(4)
~18.Audlt
Travelltraln~
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" ....0 ,'.0,'(9).
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30,000 23: 780 (10)
12,600 8,316 '(10)
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o ',0
1,600.. -; ,600
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a,ooo. 3,980 (10)
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7,000 4,620 (10)
1,600 990 (10)
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4,400 2,904, (10)
1,600 3,000
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1 ,000 1 ,000
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Mllea e(5) 66CI 660
.S,' '$; .:o.:n~m~~Jt{%~'k\~i~~~~i;~t~w:;.:~$7.2~)1:.6'.)'i*nf~~ .60~,,7..~.'tj..'1
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Computer Software 6,OgO 6,000 ._
. "'#1<"';' "m;' .:", ..f< "~to .... ~ ". "y'
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. ~<f.,''''''r..,~ S1>.:~ '.~.."" ,'J... ' . . l fa. .
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Proll~nlnarv FoelO)
Hard to house fee(6)
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13,760 .
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226
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TOTAL
$77,160
66,71C'
TOTAL
$81,946
r:)dget based on 60 vouchers and 60 portables
NOTES:
(1) Budgets, overview
(2. 1 Hslng. Spec-.waltlng list, Inupectlons,ow"lers contact, recertification
(3) 36% of Salary:., ':'1
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(4) Basad on cost allocation plan' (1 staff)
(6) Inspections/Intake and recertification interviews( 110 voucherG/certiflcates)- $ 6 each
(6) Prelim. ($~76), only during fl,rst year of ACe; Hard House ($46)
(7) 7% of $6S16 x 80% = $46:f/vouchor
(8) $799 per voucher per fnonth
(9) Paid by COBG
10) 2/3 of Total Budoot
(11) Funded from EHA Admin. Travel budpot
Nov. 1994
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