SUMMARY OF ADMINISTRATIVE PLAN PROPOSED CHANGES

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1 330 E. Main Street P.O. Box 1726 Durham, NC (919) FAX: (919) TDD/TTY: (800) ext. 774 durhamhousingauthority.org A Commitment to Quality Living SUMMARY OF ADMINISTRATIVE PLAN PROPOSED CHANGES 1) Section 1.I.E. DHA s Commitment to Ethics and Service was revised; adding to DHA s standards the promotion of equal opportunity to low-income families to experience the freedom of housing. 2) Section 1.II.C. The HCV Partnerships- What are the Responsibilities of DHA? has been revised; adding the responsibility of recertifying families for continued eligibility under the program. 3) Section 1.II.D. Applicable Regulations was modified; adding 3 additional regulatory references 1) 24 CFR Part 35: Lead-Based Paint 2) 24 CFR Part 983: Project-Based Vouchers 3) 24 CFR Part 985: The Section 8 Management Assessment Program (SEMAP) 4) Section 2.I.A. Overview has been revised to reflect that HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. 5) Section 2.I.A. Overview has been revised to reflect that DHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including: The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, ) All references within the plan to the Violence Against Women Reauthorization Act of 2005 (VAWA) have been updated to reference the Violence Against Women Reauthorization Act of 2013 (VAWA). 7) Section 2.I.B. Non-Discrimination has been updated to include gender identity as a basis by which DHA will not discriminate against families. 8) Section 2.III.B. Oral Interpretation has been revised to include that interpretation services will be provided by DHA free of charge to Limited English Proficiency Persons ( LEP ), upon request. 9) Section 3.I.B. Family and Household has been revised to reflect that HUD s definition of Family, is to be utilized, regardless of actual or perceived sexual orientation, gender identity, or marital status.

2 10) The following two definitions have been added to Section 3.I.B. Family and Household: Gender Identity means actual or perceived gender characteristics. Sexual orientation means homosexuality, heterosexuality, or bisexuality. 11) Within the entire plan, all VAWA references to domestic violence, dating violence, or stalking have been updated to include sexual assault. 12) has been revised in Section 3.I.M. Live-In Aide as follows, with changes in bold : The family and live-in aide will be required to submit a certification stating that the livein aide (1) is an able-bodied adult, (2) is qualified to provide the needed care, (3) is not obligated for the support of the person(s) needing the care, (4) would not be living in the unit except to provide the necessary supportive services (e.g. demonstrate that he/she had a previous residence that he/she left in good standing), (5) is not a current member of the participant s household or was not part of the household prior to the participant receiving program assistance, and (6) will be maintaining separate finances. 13) Section 3.III.B. Mandatory Denial of Assistance has been modified, removing the word lifetime in the section indicating that a denial is mandatory if any household member is subject to a registration requirement under a state sex offender registration program. 14) The following new policy has been added to Section 3.III.D. Screening: DHA will use the Dru Sjodin National Sex Offender database to screen applicants for admission. Additionally, DHA must ask whether the applicant, or any member of the applicant s household, is subject to a lifetime registered sex offender registration requirement in any state [Notice PIH ]. 15) Section 3.III.E. Criteria for Deciding to Deny Assistance Removing a Family Member s Name from the Application, has been revised to reflect that if DHA denies assistance to a family because an applicant s household member is subject to the sex offender registration requirement, DHA must allow that applicant the opportunity to remove the individual from the household. If the applicant is unwilling to remove the individual from the household, DHA must deny admission. 16) Section 3.III.G. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Notification. VAWA

3 expanded notification requirements to include the obligation for PHAs to provide applicants who are denied assistance with a notice of rights and the form HUD at the time the applicant is denied. 17) Section 3.III.G. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Notification. has been updated to include that whenever DHA denies housing assistance to a family, the agency will include in its denial notice a cop of the VAWA information, as well as the HUD form. 18) Section 4.I.C. Accessibility of the Application Process Limited English Proficiency has been updated to show that DHA is required to ensure equal access to the agency s programs and activities, to persons with Limited English Proficiency. 19) Section 4.III.B. Selection and HCV Funding Sources Targeted Funding has been revised to show that In order to assist families within a targeted funding category, the PHA may skip families that do not qualify within the targeted funding category. 20) in Section 4.III.B. Selection and HCV Funding Sources Targeted Funding has been updated to include the Housing Opportunities for People With Aids ( HOPWA ) and Rental Assistance Demonstration ( RAD ) programs as some of its target programs. 21) Revision to Section 4.III.C. Selection Method stating that DHA will maintain a separate wait list for its Project Based Voucher program and separate, site-based wait lists for its Rental Assistance Demonstration developments. 22) Section 4.III.C. Selection Method- Local Preferences and Point Values has been updated to include that points will be assigned to each preference claimed, applicants may choose more than one preference and that all points will be aggregated. 23) A new preference for Elderly or Disabled Families with Minor Children has been added to Section 4.III.C. Selection Method- Local Preferences and Point Values. 24) Section 4.III.C. Selection Method- Local Preferences and Point Values the total number of points for Homeless Families that Include Minor Children have increased from 3 points to 4 points. 25) Section 4.III.E. The Application Interview has been revised to show that Assistance cannot be provided to the family until all SSN documentation requirements are met. However, if DHA determines that an applicant family is otherwise eligible to participate in the program, the family may retain its place on the waiting list for a period of time determined by DHA [Notice PIH ]

4 26) Section 6.I.A. Overview Caretaker s for a Child -DHA s policy regarding the Caretaker for a Child has been updated to include the following language: The approval of a caretaker is at the owner and DHA s discretion and subject to the owner and DHA s screening criteria. 27) Section 6-I.G. Assets Imputing Income from Assets has been updated with the following information regarding the passbook rate: Note: The HUD field office no longer provides an interest rate for imputed asset income. The safe harbor is now for DHA to establish a passbook rate within 0.75 percent of a national average. DHA must review its passbook rate annually to ensure that it remains within 0.75 percent of the national average. 28) The following has been added to Section 6.I.G. Assets Equity in Real Property or other Capital Investments: In determining the equity, DHA will determine market value by examining recent sales of at least three properties in the surrounding or similar neighborhood that possess comparable factors that affect market value. DHA will first use the payoff amount for the loan (mortgage) as the unpaid balance to calculate equity. If the payoff amount is not available, the PHA will use the basic loan balance information to deduct from the market value in the equity calculation. 29) The following information and new has also been added to Section 6.I.G. Assets Equity in Real Property or other Capital Investments: DHA must also deduct from the equity the reasonable costs for converting the asset to cash. Using the formula for calculating equity specified above, the net cash value of real property is the market value of the loan (mortgage) minus the expenses to convert to cash [Notice PIH ]. For the purposes of calculating expenses to convert to cash for real property, DHA will use ten percent of the market value of the home

5 30) The following language has been added to Section 6.I.J. Welfare Assistance Imputed Income: DHA must request that the welfare agency provide the reason for the reduction of benefits and the amount of the reduction of benefits. The imputed welfare income is the amount that the benefits were reduced as a result of the sanction. 31) Section 6.I.L. Student Financial Assistance: Student Financial Assistance Included in Annual Income has been updated with the following language regarding the definition of Tuition: Tuition will have the meaning given this term by the institution of higher education in which the student is enrolled and will include any other fees and charges required by the institution for enrollment [FR 12/14/12, p ]. 32) Section 6.I.M. Additional Exclusions from Annual Income has been updated to include the following categories as areas of exclusion by any other federal statute: Benefits under Section 1780 of the School Lunch Act and Child Nutrition Act of 1966, including WIC Deferred disability benefits from the Department of Veterans Affairs, whether received as a lump sum or in monthly prospective amounts Payments, funds, or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f (b) A lump sum or periodic payment received by an individual Indian pursuant to the Class Action Settlement Agreement in the United States District Court case entitled Elouise Cobell et al. v. Ken Salazar et al Benefits under the Indian Veterans Housing Opportunity Act of 2010 (only applies to Native American housing programs) Amounts of scholarships funded under Title IV of the Higher Education Act of 1965j, including awards under federal work-study programs or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For Section 8 programs, the exception found in 237 of Public Law applies and requires that the amount of financial assistance in excess of tuition and mandatory fees shall be considered income in accordance with the provisions codified at 24 CFR 5.609(b)(9), except for those persons with disabilities as defined by 42 U.S.C. 1437a(b)(3)(E) (Pub. L ) (See See Section 6-I.L. for exceptions.) 33) Section 7.I.C. Up-Front Income Verification: Use of HUD s Enterprise Income Verification System has been updated with the following language: DHA must use HUD s EIV system in its entirety as a third-party source to verify tenant employment and income information during mandatory reexaminations or recertifications of family composition and income in accordance with 24 CFR and administrative guidance issued by HUD. The EIV system contains data showing earned income, unemployment benefits, Social Security and SSI benefits for participant families. 34) Section 7.I.C. Up-Front Income Verification: EIV Identity Verification has been updated with the following language: DHA is required to use EIV s Identity Verification - 5 -

6 Report on a monthly basis to improve the availability of income information in EIV [Notice PIH ]. 35) Section 7.I.D. Written and Oral Third-Party Verification has been modified with a new sub-section entitled Written Third-Party Verification and the following new DHA Policy: Third-party documents provided by the family must be dated within 60 days of DHA s request date. If DHA determines that third-party documents provided by the family are not acceptable, DHA will explain the reason to the family and request additional documentation. As verification of earned income, DHA will require the family to provide the two most current, consecutive pay stubs. 36) Section 7.I.D. Written and Oral Third-Party Verification has been modified with a new sub-section entitled Written Third-Party Verification Form and the following new : DHA will send third-party verification forms directly to the third party. Third-party verification forms will be sent when third-party verification documents are unavailable or are rejected by DHA. 37) Section 7.I.D. Written and Oral Third-Party Verification has been modified with a new sub-section entitled Oral Third-Party Verification and the following new DHA Policy: In collecting third-party oral verification, DHA staff will record in the family s file the name and title of the person contacted, the date and time of the conversation (or attempt), the telephone number used, and the facts provided. When any source responds verbally to the initial written request for verification, DHA will accept the verbal response as oral verification but will also request that the source complete and return any verification forms that were provided. 38) The following new has been added to Section 7.I.D. Written and Oral Third-Party Verification: When Third-Party Verification is Not Required: - 6 -

7 If the family cannot provide original documents, DHA will pay the service charge required to obtain third-party verification, unless it is not cost effective in which case a self-certification will be acceptable as the only means of verification. The cost of verification will not be passed on to the family. The cost of postage and envelopes to obtain third-party verification of income, assets, and expenses is not an unreasonable cost [VG, p. 18]. 39) Section 7.I.D. Written and Oral Third-Party Verification: has been modified with a new sub-section entitled Imputed Assets and the following new language and DHA Policy: HUD permits DHA to accept a self-certification from a family as verification of assets disposed of for less than fair market value [HCV GB, p. 5-28]. DHA will accept a self-certification from a family as verification of assets disposed of for less than fair market value. 40) The following language has been added to Section 7.I.F. Self-Certification: Self-certification, or tenant declaration, is used as a last resort when DHA is unable to obtain third-party verification. When DHA relies on a tenant declaration for verification of income, assets, or expenses, the family s file must be documented to explain why third-party verification was not available. 41) Part II Verifying Family Information: Section 7.II.A Verification of Legal Identity has been updated to include that Legal identity will be verified for all applicants at the time of eligibility determination and in cases where DHA has reason to doubt the identity of a person representing him or herself to be a participant. 42) Section 7.II.B. Social Security Numbers has been updated to exclude individuals who do not contend eligible immigration status and existing program participants who were at least 62 years of age as of January 31, 2010, and had not previously disclosed an SSN from the requirement to provide documentation of a valid social security number. 43) The following language has been added to Section 7.II.B. Social Security Numbers: Note that an individual who previously declared to have eligible immigration status may not change his or her declaration for the purpose of avoiding compliance with the SSN disclosure and documentation requirements or penalties associated with noncompliance - 7 -

8 with these requirements. Nor may the head of household opt to remove a household member from the family composition for this purpose. 44) Section 7.III.A. Earned Income has been modified with a new sub-section entitled Wages and the following new : For wages other than tips, the family must provide originals of the two most current, consecutive pay stubs. 45) Section 7.III.H. Income from Excluded Sources has been modified to include what steps DHA is not required to take in terms of documenting fully excluded income; DHA s acceptance of the family s self-certification; and the steps DHA is required to take regarding documentation of partially excluded income. The following has also been added to this section: DHA will accept the family s self-certification as verification of fully excluded income. DHA may request additional documentation if necessary to document the income source. DHA will verify the source and amount of partially excluded income as described in Part 1 of this chapter. 46) in Section 7IV.B. Medical Expense Deduction: Unreimbursed Expenses has been updated to show that If expenses are verified through a third party, the third party must certify that the expenses are not paid or reimbursed from any other source. 47) The following new has been added to Section 8.I.D. Owner and Family Responsibilities Owner Responsibilities: The owner is responsible to perform regularly scheduled and cyclic maintenance for the assisted unit (maintenance schedule to be determined by DHA). It is the expectation of DHA that the owner will maintain the unit in an HQS-compliant manner at all times during the assisted tenancy. 48) Section 8.II.E. Quality Control Inspections has been modified to show that DHA will inspect 5% of units under HAP Contract for the calendar year. 49) The following policy in Section 8.II.G. Enforcing Owner Compliance HAP Abatement has been updated to include the following new language: DHA will recoup owner overpayments from future HAP subsidy unless the owner has returned the overpaid assistance. The owner will have until the end of the month the - 8 -

9 notice is generated or ten business days, whichever is greater to remit a check to DHA. Owners that have an existing balance due must repay in full or DHA will not approve a future tenancy. DHA will attempt to collect a debt owed by an owner by sending two notices, if the owner does not respond, DHA will file suit in the appropriate court venue to validate the debt and collect according to North Carolina law. 50) The following new has been added to Section 8.II.G. Enforcing Owner Compliance - HAP Contract Termination: When a unit has been placed in abatement due to the owner s failure to make repairs in a timely or workmanlike manner, and the HAP contract has been terminated, DHA will not accept a subsequent RFTA for a period not to exceed six months. 51) Section 10.I.B. Restrictions on Moves has been revised to reflect that in accordance with Notice PIH , DHA may not establish a policy permitting moves only at reexamination. 52) All references to Notice PIH have been changed to Notice PIH throughout the entire plan. 53) within Section 11.II.B. Changes in Family and Household Composition- Departure of a Family or Household Member has been revised with the following new language: After DHA removes an adult household member from the contract, the household member may not return to the family composition unless returning to provide a reasonable accommodation. DHA will consider exceptions to this policy on a case-by-case basis as determined by the HCV Director. DHA will require the family to provide the address of the household member that no longer lives in the unit. DHA will issue the family a new voucher and the family will be required to relocate if it is determined that the change in family composition causes the family to be over-housed or under-housed. In addition, DHA will change the subsidy standard applicable to the family if the composition no longer meets the occupancy standard that is currently in use. 54) New was added to Section 12.I.D. Mandatory Termination of Assistance: Failure to Provide Social Security Documentation, regarding DHA s consideration of unforeseen circumstances outside of the family s control, which may have hindered the family from providing such information: DHA will defer the family s termination and provide the family with the opportunity to comply with the requirement for a period of 90 calendar days for circumstances beyond - 9 -

10 the participant s control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency, if there is a reasonable likelihood that the participant will be able to disclose an SSN by the deadline. 55) New language has been added to DHA s Policy in Section 12.I.E. Mandatory Policies and Other Authorized Terminations, regarding Insufficient Funding: In the event that DHA decides to stop issuing vouchers as a result of a funding shortfall, and DHA is not assisting the required number of special purpose vouchers (NED families, HUD-Veterans Affairs Supportive Housing (VASH) families, and family unification program (FUP) families), when DHA resumes issuing vouchers, DHA will issue vouchers first to the special purpose voucher families on its waiting list until it has reached the required number of special purpose vouchers, when applicable. If after implementing all reasonable cost cutting measures there is not enough funding available to provide continued assistance for current participants, DHA will terminate HAP contracts as a last resort. Families comprising the required number of special purpose vouchers, including nonelderly disabled (NED), HUD-Veteran s Affairs Supportive Housing (HUD-VASH), and family unification program (FUP) will be the last to be terminated. 56) New language has been added to DHA s Policy in Section 12.II.F Termination Notice, requiring DHA to include a copy of Form HUD with each termination notice. VAWA 2013 expands notification requirements to require DHA to provide notice of VAWA rights and the HUD form when DHA terminates a household s housing benefits. 57) Section 13.II.G. Foreclosure has been added to the plan, and lists the different actions DHA must take upon learning that a property is in foreclosure. The following DHA Policy has also been added within this section: DHA will provide all HCV applicants that have been issued a voucher with information regarding the PTFA at admission (see Section 5-I.B) and to participant heads of household at annual reexamination. DHA will provide information regarding the PTFA to prospective owners when they begin their participation in the HCV program, and to current HCV owners one time with the monthly HAP. Note that the foreclosure provision of the HAP contract and additional tenant protections under the Protecting Tenants at Foreclosure Act will sunset December 31,

11 See Section 12-III.B for a discussion of foreclosure as it pertains to owner termination of tenancy. 58) The following language has been added to Section 14.I.A. Preventing Errors and Program Abuse: HUD created the Enterprise Income Verification (EIV) system to provide PHAs with a powerful tool for preventing errors and detecting program abuse. PHAs are required to use the EIV system in its entirety in accordance with HUD administrative guidance [24 CFR 5.233]. PHAs are further required to: Provide applicants and participants with form HUD-52675, Debts Owed to PHAs and Terminations Require all adult members of an applicant or participant family to acknowledge receipt of form HUD by signing a copy of the form for retention in the family file 59) in Section 14.I.A. Preventing Errors and Program Abuse has been updated to include the following: At every regular re-examination DHA will explain any changes in HUD regulations or DHA policy that affect program participants. 60) in Section 14.I.A. Preventing Errors and Program Abuse has been updated to include the following: DHA will provide owners with on-going information about the program, with an emphasis on actions and situations to avoid. 61) All references to the administrative fee reserve within Chapter 16: Program Administration have been replaced with unrestricted net assets (UNA). 62) Section 16.III.B. Informal Reviews has been updated to reflect that an Informal Review is not required when DHA makes a determination not to approve an extension or suspension of a voucher term. 63) Section 16.VI.C. Records Management: Criminal Records has been updated stating while all records regarding sex offender registration information must be properly disposed of, DHA must retain a record of the screening, type of screening, and date the screening was performed (in accordance with Notice PIH ). 64) The term immediate family member has been replaced with affiliated individual within Section 16.IX.B. Definitions. A definition for the term sexual assault has been included as follows:

12 Any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks the capacity to consent. 65) Section 16.IX.C. Notification: Notification to Program Applicants and Participants has been revised to reflect that DHA must notify program applicants and participants of their rights under the Violence Against Women Act (VAWA) 2013 when they are denied assistance, when they are admitted to the program, and when they are notified of an eviction or termination of housing benefits. 66) The following revisions have been made to Section 16.IX.D. Documentation: Certification of Domestic Violence, Dating Violence, or Stalking must include the name of the Perpetrator only if the name of the perpetrator is safe to provide and is known to the victim. Acceptable documentation also includes a record of an administrative agency, and documentation from a mental health professional. 67) The following definitions of sexual assault has been added to Exhibit 16-1: Sample Notice to Housing Choice Voucher Applicants and Tenants Regarding the Violence Against Women Act: VAWA defines sexual assault as any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent (42 U.S.C (a))