Lorain Metropolitan Housing Authority Proposed Modifications for LMHA HCVP Admin Policy For Significant Amendment to the 2013 Annual Plan

Transcription

1 Lorain Metropolitan Housing Authority Proposed Modifications for LMHA HCVP Admin Policy For Significant Amendment to the 2013 Annual Plan Page Revision 48 Ch. 5. A. Determining Family Unit (Voucher) Size: add The Housing Authority has discretion to grant separate bedrooms for same sex adults or minors that are five years apart who would generally be sharing a bedroom. (2014) 52 Ch. 5. C. Unit Size Selected. Change the minimum number of persons in household to the following: 0/1 BR = 1 person; 2 BR = 1 person; 3 BR = 3 persons; 4 BR = 4 persons; 5 BR = 5 persons; 6 BR =6 persons 55 Ch. 6. A. Income & Allowances. Under Minimum Rent, change the sentence to add $50 minimum Total Tenant Payment (TTP) (see Financial Hardship Exemption policy). 68 Ch 6. E. Minimum Income, change sentence to read Families who report zero income are required to complete a written certification once a year. 101 Ch 8. B. Briefing Types & Required Attendance. Landlord Briefing. Change requirement to attend landlord briefing from annually to every five years. 120 Ch. 10. C. Annual HQS Inspection. Change missing to broken drain stoppers. We will fail the unit for broken drain stoppers but not missing. 120 Ch. 10. C. Annual HQS Inspection. Time Standards for Repairs. Add The PHA has the discretion to require that some items be repaired within a time period of two weeks. Ie infestation. 128 Ch. 10. F. Acceptability Criteria & Exceptions to HQS Stove or Range with oven. Add Determination of pass or fail for oven and/or burners on a tenant provided stove will be tenant preference. 140 Ch. 10. G. Emergency Repair. Add to the 24 hour Emergency Repair Items, Faulty heating/water heating devices. (3 rd degree burns occur at 150 degrees). Submitted for significant change. 10/21/2013 DCarter

2 LORAIN METROPOLITAN HOUSING AUTHORITY Kansas Ave Lorain Ohio (440) TTD/TTY (800) Equal Housing Opportunity HCVP Minimum rent Financial Hardship Exemption 1. Authority: a. 24 CFR b. LMHA HCVP Administrative Policy, Chapter 6, Section A, Minimumm Rent 2. Applicability: a. The financial hardship exemption only applies to payment of the minimum rent (as determined pursuant to 5.628(a)(4) and 5.630). If a family s total tenant payment (TTP) is higher than the minimum rent, the family is not eligible for a hardship exemption. b. This policy does not prohibit the PHA from proposing termination for other violations of the family obligations. 3. Minimumm Rent Requirement: a. The PHA must charge a family no less than a minimum monthly rent of $50, except when the family displays a financial hardship exemption from minimum rent. 4. Exemption: a. The PHA must grant an exemption from payment of minimum rent if the family is unable to pay the minimum rent because of financial hardship. b. Financial hardship includes: i. When the family has lost eligibility for or is awaiting an eligibility determination for a Federal, State, or local assistance program, including a family that includes a member who is a noncitizenn lawfully admitted for permanent residencee under the Immigration and Nationality Act who would be entitled to public benefits but for title IV of the Personal Responsibility and Work Opportunity Act of 1996; ii. When the family would be evicted because it is unable to pay the minimum rent; iii. When the income of the family has decreased because of changed circumstances, including loss of employment; iv. When a death has occurred in the family; and v. Other circumstances determined by the PHA or HUD 1. The PHA has not established any additional hardship criteria. 5. Exemption Request:

3 a. If a family requests a financial hardship exemption, the PHA must suspend the minimum rent requirement beginning the month following the family's request for a hardship exemption, and continuing until the PHA determines whether there is a qualifying financial hardship and whether it is temporary or long term. The tenant is responsible for the rent prior to the exemption request. b. The request must be in writing. 6. PHA Time Limitations: a. The PHA will make a hardship determination within thirty (30) days of the request. 7. PHA Restrictions: a. The PHA may not propose termination family for nonpayment of minimum rent during the 90 day period beginning the month following the family's request for a hardship exemption. b. This restriction does not prohibit the family from paying back money owed in the event the hardship is denied. 8. Denial of Hardship: a. If the PHA determines there is no qualifying financial hardship exemption, the PHA must reinstate the minimum rent, including back rent owed from the beginning of the suspension. The family must pay the back rent on terms and conditions established in Chapter 17 Family Debts to the PHA. b. If after the 90 day period expires and the family has not agreed to repay or fails to repay, the PHA may proposed termination for nonpayment of rent. 9. Temporary/Short Term Hardship: a. If the PHA determines that a qualifying financial hardship is temporary, the PHA must reinstate the minimum rent from the beginning of the suspension of the minimum rent. b. The PHA must offer the family a reasonable repayment agreement, on terms and conditions established by the PHA, for the amount of back minimum rent owed by the family. c. Circumstances that may qualify as Temporary/Short Term: i. Death in the family. 1. The family must establish how the death impacted their income (i.e. funeral expenses, unpaid time off from work, loss of family member s income). ii. Loss of employment 1. The family must provide a termination letter or letter of explanation from their last employer. 2. Loss of employment is defined as being laid off or terminated. Loss of employment does not include, for the purposes of this exemption, voluntarily quitting employment. Minimum Rent Hardship revised: 10/9/2013

4 iii. Short term medical issue resulting in loss of income 1. The family must provide proof from their doctor including their approximate rehabilitation time. a. If less than 90 days from the date of the hardship request = short term hardship iv. Awaiting eligibility determination for a Federal, State, or local assistance program (determination expected in less than 90 days) 1. The family must provide a letter of denial from an assistance program or documentation of the pending appeal v. Other Loss of income 1. The family must provide proof of lost income 10. Permanent/Long Term Hardship: a. If the responsible entity determines a qualifying financial hardship is long term, the responsible entity must exempt the family from the minimum rent requirements so long as such hardship continues. b. Such exemption shall apply from the beginning of the month following the family's request for a hardship exemption until the end of the qualifying financial hardship. i. The hardship period ends when any of the following circumstances apply: 1. The family s calculated TTP is greater than the minimum rent. 2. Hardship based on loss of income: hardship will continue until the tenant receives a new source of income that is equal to the amount lost. c. Circumstances that may qualify as Permanent/Long Term: i. Long term medical issue resulting in loss of income 1. The family must provide proof from their doctor including approximate rehabilitation time, if any. a. If more than 90 days from the date of the hardship request = long term hardship ii. Lost or awaiting eligibility determination for a Federal, State, or local assistance program (determination expected in more than 90 days) 1. The family must provide a letter of denial from an assistance program or documentation of the pending appeal iii. Other Loss of income 1. The family must provide proof of lost income 11. Grievance Hearing: Minimum Rent Hardship revised: 10/9/2013

5 a. If a HCVP family requests a hearing under the PHA grievance procedure, to review the PHA's determination denying or limiting the family's claim to a financial hardship exemption, the family is not required to pay any escrow deposit in order to obtain a grievance hearing on such issues. b. The tenant must request a grievance hearing within and including ten (10) business days of the decision to deny or limit their claim of financial hardship. 12. Repayment Agreements: a. See Chapter 17 Family Debts to the PHA b. Does not apply to Permanent/Long Term Hardships Minimum Rent Hardship revised: 10/9/2013

6 LORAIN METROPOLITAN HOUSING AUTHORITY Kansas Ave Lorain Ohio (440) TTD/TTY (800) Equal Housing Opportunity Written Request for Financial Hardship Exemption from Minimum Rent Family Name: Address: Phone Number: Financial Hardship requested for the following reason(s): MUST be re verified every 90 days The family has lost eligibility for or is awaiting an eligibility determination for a federal, state or local assistance program, including a family thatt has a member who is a noncitizen lawfully admitted for permanent residence under the Immigration and Nationality Act who would be entitled to public benefits but for the title IV of the Personal Responsibility and Work Opportunity Act of The family will be evicted because of the inability to pay the minimum rent. The income of the family has decreasedd because of changed circumstances, including loss of employment, which is defined as termination or layoff of employment, and excludes voluntarily quitting. Death has occurred in the family. The family must establish how the death impacted their income (i.e. Funeral expenses, unpaid time off from work, loss of family member s income). Other circumstances: *Written proof of your hardship must accompany this form. Failure to do so will result in the automatic denial of your request. No qualifying financial hardship exemption found: the rent will be reinstated, including back rent owed, from beginning of the suspension. The family must pay back rent owed, from the beginning of the suspension by entering into a repayment agreement. Temporary financial hardship exemption ( lasting 90 days or less): the rent will be reinstated, including back rent owed from the beginning of the suspension, once the hardship has ended. The family must pay back rent by entering into a repayment agreement. Long term financial hardship exemption (lasting more than 90 days): the family will be exempt from the minimum rent requirements so long as such hardship continues. Such exemption shall apply from the beginning of the month following the family s request for a hardship exemption until the end of the qualifying financial hardship. No back rent will be owed. Family Signature LMHA Personnel Signature Date Date