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2015-03-25 (Report) MEETING DATE: March 25, 2015 PREPARED BY:DEPT. DIRECTOR: Nicole Piano-JonesJeff Murphy DEPARTMENT:CITY MANAGER: Planning & Building Larry Watt SUBJECT: Public Hearing for consideration and approval of the FY2015-20 Public Housing Agency (PHA) Plan for the City of Encinitas Housing Authority. RECOMMENDED ACTION: Approve the draft FY2015-20 PHA Plan and authorize the Executive Director to submit the FY2015-20 PHA Plan with any required certifications to the U.S. Department of Housing and Urban Development (HUD). STRATEGIC PLAN: This report relates to the Community Planning Focus Area of the Strategic Plan. FISCAL CONSIDERATIONS: There are no direct fiscal or staff impacts to the recommended actions. HUD provides annual funding to the City of Encinitas Housing Authority for the Section 8 Housing Choice Voucher program. BACKGROUND: A. Section 8 Housing Choice Voucher Program (HCV) The Section 8 HCV program was first authorized by Congress in 1974 and program for assisting very-low income households to afford safe and decent housing in the private market. Funding is allocated from HUD to housing authorities on an annual basis to administer their local rental assistance programs. Eligible households that receive a housing voucher are responsible for finding a suitable housing unit of their choosing and where the owner is willing to participate in the program. The household pays approximately 30 percent of their monthly income towards the rent and the Housing Authority provides the subsidy to cover the remainder of the monthly rent. B. Encinitas Section 8 Program (EHA) The City of Encinitas Housing Authority (EHA) was first established in 1994. The EHA receives approximately $970,000 annually, which can support rental assistance to approximately 109 very-low income Encinitas households. C. The Public Housing Agency Plan (PHA) Section 511 of the Quality Housing and Work Responsibility Act of 1998 created the public housing agency five-year and annual plan requirement. ThePublic Housing Agency Plan (PHA) describes the mission of the agency,and achieving its mission over the five-year period. In November 2008, HUD issued a notice that provides administrative relief for qualified small public housing agencies. A qualifying small public housing agency is defined as not exceeding more than 550 combined units of Section 8 vouchers and public housing, and does not have a failing score under the Section 8 Management Assessment Program (SEMAP) review. HUD uses SEMAP to measure the performance of public housing agencies that administer Section 8 HCV programs and provides arating of ,Standard, or Troubled As a qualified small public housing agency, with a maximum of 136 Section 8 vouchers and a high performing SEMAP rating (during the previous five-year period),the EHA must complete the five-year PHA Plan some of the sections are not applicable to the EHA. ANALYSIS: A. FY2015-20 Public Housing Agency Plan Overview As described in the draft PHA Plan, the EHA will continue to serve the needs of very-low income contained within three broad themes: Efficiency and effectiveness; leveraging and expansion of services; and ensuring fair housing. Efficiency and Effectiveness must be achieved budgeted funds (the percentage of allocated funds vs. expended funds during the year). The EHA will strive to maintain a utilization rate of no less than 95 percent and continue to be a high performer based on the SEMAP review. Leveraging and Expansion of Services The EHA owns 16 units which are reserved for lower income households and will pursue a 95 percent occupancy rate. Many Section 8 Housing Choice Voucher Program Participants occupy these units. Staff works closely with the property management firm to ensure that vacancies are quickly re-rented, and whenever possible, refer new Section 8 participants to fill the vacancy.Additionally, the EHA will apply for any available housing choice vouchers or funding as available. Ensuring Fair Housing The EHA, through other City programs (such as the CDBG funded Encinitas Fair Housing Program), will continue to retain the services of a Fair Housing provider for residents, landlords, and property managers. A Fair Housing provider offers tenant/landlord mediation, education and outreach, and assistance with housing discrimination complaints.Additionally, EHA staff will participate in fair housing events, and promote and further fair housing awareness, such as attendance of fair housing workshops, trainings, or other City events. B. Resident Advisory Board HUD requires that each Housing Authority establish a Resident Advisory Board (RAB) comprised of Section 8 participants as part of the PHA plan process. The primary function of the RAB is to make recommendations in the development of the PHA plan. Participation in the RAB is limited to residents that are assisted under the Section 8 HCV program and Section 8 only Housing Authorities (those with no public housing) have discretion in the RAB appointment process.EHA staff appointed six Section 8 participants to the RAB, and a meeting was held in January to facilitate feedback regarding the development of the draft FY2015-20 PHA Plan. The RAB unanimously supported the goals and objectives in the draft FY2015-20 PHA Plan. C. Public Noticing -20 PHA Plan (Attachment A) was noticed and made available to the public for at least 45 days for review and comment, from February 6March 22, 2015. Notice of website. No comments have been received as of the preparation of this report. Any public comments received related to the PHA plan will b PHA Plan must be submitted to HUD no later than 75 days prior to the end of this fiscal year (April 15). D. FY2010-15 Results The draft FY2015-20-year performance on goals and objectives, as shown in Section 5.2 of the draft FY2015-20 PHA plan. TheEHAhas met and/or exceeded all of the goals and objectives during the previous five-year period. For example, the EHA maintained autilization rate of 100 percent during the previous five-year period and receiveAdditionally, the City of Encinitas created a Tenant-Based Rental Assistance Program utilizing HOME funds in 2010, and assisted a total of 13 households during the five-year period. The EHA also retained the services of a Fair Housing service provider for tenants and landlords during the five year period, and participated in many fair housing events, such as regional trainings, and seminars. ENVIRONMENTAL CONSIDERATIONS : Pursuant meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. The action before the EHA Board is to consider and approve the five- year Public Housing Agency Plan and submittal to HUD. ATTACHMENTS: Attachment A- FY2015-20 Public Housing Agency Plan Attachment A FY2015-20 Public Housing Agency Plan U.S. Department of Housing and Urban OMB No. 2577-0226 PHA 5-Year and Development Expires 4/30/2011 Annual Plan Office of Public and Indian Housing 1.0PHA Information Housing Authority of the City of EncinitasCA 155 PHA Name: PHA Code: Small High PerformingHCV (Section 8) PHA Type: Standard PHA Fiscal Year Beginning: (MM/YYYY): ______________ 2.0Inventory (based on ACC units at time of FY beginning in 1.0 above) 136 Number of PH units: _________________ Number of HCV units: 3.0Submission Type 5-Year and Annual Plan Annual Plan Only 5-YearPlan Only 4.0 PHA Consortia PHA Consortia: (Check box if submitting a joint Plan and complete table below.) No. of Units in Each PHA Program(s) Included in the Programs Not in the Program Participating PHAs CodeConsortiaConsortia PHHCV PHA 1: PHA 2: PHA 3: 5.05-Year Plan.Complete items 5.1 and 5.2 only at 5-Year Plan update. 5.1Mission. State the for serving the needs of low-income, very low- jurisdiction for the next fiveyears: To promote adequate and affordable housing, economic opportunity, and a suitable living environment for Encinitas residents of all income levels. Specific to lower income families, the EHA shall maximize available resources in providing decent, safe, and affordable housing to eligible households. 5.2Goals and Objectives. able goals and objectivesthat will enable the PHA to serve the needs of low-income and very low-income, and extremely low-incomefamilies for the next fiveyears. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. FY2015-2020 Goals and Objectives Goal:Housing Choice Voucher (HCV) program in an efficient and effective manner Objectives:Maintain no less than a 95% utilization rate for availablevouchers or budget authority Achieve a high performer rating during the five-year period Goal:Expand the quantity and quality of housing choices to participants Objectives:Achieve a 95% occupancy rate for EHA owned units Apply for any available housing choice vouchers or funding, when available Goal:Continue funding of Fair Housing administration for the EHA Participate in annual Fair Housing events that promote and further fair housing awareness Goal:Ensure compliance with the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA) Objectives:Continue funding of local nonprofit providing emergency and transitional housing for victims of domestic violence Continue participant awareness of available resources of the EHA in compliance with VAWA FY 2010-15 Goals and Objectives Performance Goal & Objective:Manage the EHA efficiently and effectively, and achieve a high performance rating Outcome:The EHA received a high performer rating Goal & Objective:Expand the utilization rate and achieve a 98% utilization rate Outcome: The EHA achieved a 100% utilization rate Goal & Objective:Ensure equal opportunity and undertake affirmative measures Outcome:Funding and utilization of a fair housing administrator and participation in fair housing events Goal & Objective:Ensure compliance with the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA) Outcome:Funding to a local nonprofit that provides emergency and transitional housing to victims of domestic violence. Goal & Objective: Expand the quantity and quality of housing choices to participants, and develop and implement complementary programs to the Section 8 HCV Program Outcome:The City created a Tenant Based Rental Assistance Program utilizing HOME funds in 2010, and assisted a total of 13 households ________________________________________________________________ HUD-50075 Page 1 of 3 form (4/2008) PHA Plan Update None (a)Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: (b)Identify the specific location(s) where the public may obtain copies of the 5-Year and Annual PHA Plan.For a complete list of PHA Plan The Five-Year and Annual PHAPlan is available on the City elements, see Section 6.0 of the instructions. www.encinitasca.gov; and at City Hall, 505 South Vulcan Avenue, Encinitas, CA 92024 PHA Plan Elements 1.Eligibility, Selection and Admissions Policies, including Deconcentration and Wait List Procedure Eligibility is limited to very low income participants (i.e. <50% of area median income). The EHA has preference in the selection of participants from its waiting list. The preferences have a point value and the applicants with the highest points along with date and time on the waiting list will receive the highest priority. The preferences are: (1) resident of or employed in the City of Encinitas; (2) elderly, disabled, families with dependent children, homeless, or involuntarily displaced by government action; and, (3) date and time of application. 2.Financial resources The EHA receives Section 8 Housing Choice Voucher annual funding of approximately $970,000. 3.Rent Determination Rent is determined based on annual Fair Market Rents and the established Payment Standards, which are reviewed, evaluated, and periodically revised. 4.Operation and Management The EHA is operated within the Cityof Encinitas organization, which provides staffing, facilities, and supportive infrastructure. The EHA owns 16 units that are not Public Housing units. The units may be leased to Section 8 HCV participants but are not project based Section 8 HCV units.Property management of the units is currently provided by a private property management firm in consultation with EHA staff. 6.0 5.Grievance Procedures The EHA has an informal review and hearing procedure, as outlined in its Administrative Plan. If an applicant is determined to be ineligible on the basis ofincome, household composition, or for any other reason, the applicant shall be notified promptly by letter of the determination, including reasons. The applicant shall be informed in the letter of their right to an informal review, if requested within ten days from the date of the letter, to make written or oral objections to the EHA determination. 6.Designated Housing for Elderly and Disabled Families The EHA does not have any Public Housing and therefore this element is not applicable. 7.Community Service and Self-Sufficiency The EHA does not have any Public Housing and therefore this element is not applicable. 8.Safety and Crime Prevention The EHA does not have any Public Housing and therefore this element is not applicable. 9.Pets The EHA does not have any Public Housing and therefore this element is not applicable. 10.Civil Rights Certification articipates in regional fair housing activities, retains a fair housing administrative organization provider, and on a regional and locallevel implements measures to overcome impediments to fair housing choice. The EHA has executed a Civil Rights Certification. 11.Fiscal Year Audit The most recent audit (FY 2013-14) did not identify any operational or financial findings of the EHA. 12.Asset Management The EHA does not have any Public Housing and therefore this element is not applicable. 13.Violence Against Women Act (VAWA) As identified in the Five-Year Goals and Objectives, the EHA, in conjunction with the City of Encinitas, continues to fund a local nonprofit organization, which provides housing, food, and support services to abused or threatened victims of domestic violence, including women and children. 7.0Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public Housing, Homeownership ..(Not applicable) Programs, and Project-based VouchersInclude statements related to these programs as applicable 8.0Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable.(Not applicable) Capital Fund Program Annual Statement/Performance and Evaluation Report. As part of the PHA 5-Year and Annual Plan, annually 8.1 Capital Fund Program Annual Statement/Performance and Evaluation Report, complete and submitthe form HUD-50075.1,for each current and (Not applicable) open CFP grant and CFFP financing. Capital Fund Program Five-Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capital Fund 8.2 Program Five-Year Action Plan, form HUD-50075.2,and subsequent annual updates (on a rolling basis,e.g., drop current year,and add latest year (Not applicable) for a five year period). Large capital items must be included in the Five-Year Action Plan. Capital Fund Financing Program (CFFP). 8.3 Check if the PHA proposes to use any portion of its Capital Fund Program (CFP)/Replacement Housing Factor (RHF) to repay debt incurred to (Not applicable) finance capital improvements. ________________________________________________________________ HUD-50075 Page 2 of 3 form (4/2008) Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data, make a reasonable effort to identify the housing needs of the low-income,very low-income, and extremely low-incomefamilies who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant-based assistance waiting lists. The identification of housing needs must address 9.0 issues of affordability, supply, quality, accessibility, size of units, andlocation. According to the -15 Consolidated Plan, seniors comprise a disproportional amount of extremely low income The EHAhas a waiting list for the Section 8 HCV Program of approximately 680 households, of which over 70% are elderly or disabled. While there is not an issue of housing quality, accessibility, size of units or location, there is an issue related to housing supply and affordability. The City of Encinitas has arelatively lower supply of rental units and due to the high cost of housing in the area, affordability also becomes an issue based on available funding. Additionally, the EHA does not have a significant number oflandlords participating in the Section 8 HCV program. Strategy for Addressing Housing Needs. jurisdiction and on the waiting list in the upcoming year.Note: Small, Section 8 only,and High Performing PHAs complete only for Annual Plan submission with the 5-Year Plan. 9.1 The EHA is at maximum leasing of its allocatedvouchers based on available funding(approximately 108 vouchers). Currently, approximately 680 households are on the Section 8 HCV program waiting list. percentage (relative to the Fair Market Rents) to smaller units, which should assist seniors and disabled and encourage participating landlords. Additionally, the EHA will continue to market the Section 8 HCV program and encourage landlords to participate in the program. Additional Information. Describe the following,as well as any additional information HUD has requested. 10.0 (a)Progress in Meeting Mission and Goals. Provide a brief statement of the PHAs progress in meeting the mission and goals described in the 5- The EHA met the goals of the last five-year period. This is the commencement of the first year of the next five-year period. Year Plan. (b)Significant Amendment and Substantial Deviation/Modification. Provide the PHA A significant amendment or substantial deviation/modification is any revision of an identified Goal or Objective that does not implement the intent of the Goal or Objective. 11.0Required Submission for HUD Field Office Review.In addition to the PHA Plan template (HUD-50075), PHAs must submit the following documents. Items (a)through (g)may besubmitted with signature by mail or electronically with scanned signatures, but electronic submission is encouraged. Items(h) through (i)must be attached electronically with the PHA Plan. Note:Faxed copies of these documents will notbe accepted by the Field Office. PHA Certifications of Compliance with the PHA Plans and Related Regulations (a)Form HUD-50077, (which includes all certifications relating to Civil Rights) Certification for a Drug-Free Workplace (b)Form HUD-50070, (PHAs receiving CFP grants only) Certification of Payments to Influence Federal Transactions (c)Form HUD-50071, (PHAs receiving CFP grants only) Disclosure of Lobbying Activities (d)Form SF-LLL, (PHAs receiving CFP grantsonly) Disclosure of Lobbying Activities Continuation Sheet (e)Form SF-LLL-A, (PHAs receiving CFP grants only) (f) Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements Capital Fund Program Annual Statement/Performance and Evaluation Report ) (h)Form HUD-50075.1, (PHAsreceiving CFP grants only Capital Fund Program Five-Year Action Plan (i)Form HUD-50075.2, (PHAs receiving CFP grants only) ________________________________________________________________ HUD-50075 Page 3 of 3 form (4/2008)