Administrative Plan. Approved: October 30, 2014 Revision No. 4

Transcription

1 Housing Choice Voucher Program Administrative Plan Approved: October 30, 2014 Revision No. 4

2 Table of Contents Table of Contents... i Chapter 1 Overview and Purpose of the Plan Introduction Mission Statement HCV Program Objectives Purpose of the Plan [24 CFR ] Contents of the Plan Organization of the Plan Roles and Responsibilities of Key Housing Choice Voucher Program Players Role of HUD Role of SLHA Role of the Owner Role of the Family Chapter 2 Fair Housing and Equal Opportunity Nondiscrimination Overview Providing Information to Families and Owners [24 CFR ] Discrimination Complaints [24 CFR ] Reasonable Accommodations Overview Definition of Reasonable Accommodations Types of Reasonable Accommodations Request for an Accommodation Verification of Disability Approval/Denial of a Request for Reasonable Accommodations Accessibility for Persons with Hearing or Vision Impairments [24 CFR 8.6] Access to Services for Persons With Limited English Proficiency (LEP) Overview Oral Interpretation Written Translation Outreach Efforts for Owners and Families Family Outreach Owner Outreach Affirmatively Further Fair Housing in the HCV Family Self-Sufficiency (FSS) Program Reasonable Steps Maintenance of Records Chapter 3 Program Integrity Preventing Errors and Program Abuse Detecting Errors and Program Abuse Quality Control Reviews Analysis of Data Individual Reporting of Possible Errors and Program Abuse Investigating Errors and Program Abuse Conducting Investigations i

3 3.3.2 Analysis and Findings Corrective Actions for Program Error and Abuse General Considerations Family-Caused Errors and Program Abuse Owner-Caused Error or Program Abuse SLHA Caused Errors or Program Abuse Timing of Subsidy Under or Overpayments Criminal Prosecution Chapter 4 General Program Administration Jurisdiction Administrative Fee Reserve [24 CFR ] Payment Standards [24 CFR ] Overview Updating Payment Standards Exception Payment Standards for Reasonable Accommodation Utility Allowances [24 CFR ] Overview Utility Allowance Revisions Section 8 Management Assessment Program (SEMAP) Overview SEMAP Certification [24 CFR ] SEMAP Indicators [24 CFR and form HUD-52648] Record Keeping Overview Record Retention [24 CFR ] Records Management Determination of Insufficient Funding Overview Methodology Violence Against Women Act (VAWA): Notification, Documentation, Confidentiality Overview Notification [24 CFR ] Documentation [24 CFR ] Confidentiality [24 CFR (b)(4)] Chapter 5 Applying for Admission Introduction Opening and Closing the Waiting List [24 CFR , (d)(1)] Opening the Waiting List Family Outreach Closing the Waiting List Applying For Assistance Overview Application Process [24 CFR (b)] Applicant Status While on Waiting List [24 CFR ] Time of Selection [24 CFR , 5.410] Special Programs Application ii

4 Chapter 6 Waiting List and Applicant Selection Overview Placement on the Waiting List Overview Ineligible for Placement on the Waiting List Eligible for Placement on the Waiting List Organization of the Waiting List [24 CFR and 205] Tenant Based Program Waiting List Project-Based Programs List Special Programs and Targeted Funding Opportunity for Placement on Other Waiting Lists Waiting List Preferences [24 CFR ] In-Place Families in Units Converted to PBV Assistance Families Who Are Involuntarily Displaced By Natural Disaster or Government Action Disability Preference [24 CFR ] Victims of Domestic Violence Homeless Verification of Local Preference [24 CFR 5.415] Preference Denial [24 CFR 5.415] Change in Circumstances Order of Selection [24 CFR (e)] Income Targeting Notification of Selection The Eligibility Interview Purging the Waiting List [24 CFR (c)] Chapter 7 General Verification Requirements Overview Methods of Income and Adjustments to Income Verification [24 CFR ] Verification Hierarchy Timing of Verification HUD s Enterprise Income Verifications (EIV) Up-front Income Verification (UIV) Using a Non HUD System Written Third Party Verification Written Third Party Verification Form Oral Third Party Verification Self-Certification/Self-Declaration Verification of Non-Financial Items Items to Be Verified Chapter 8 Eligibility Overview Eligibility Factors [24 CFR (b)] Family and Household [24 CFR (c)] Family Household Family Break-Up Head of Household [24 CFR 5.504(b)] iii

5 8.3.5 Spouse, Co-Head and Other Adult Dependent [24 CFR 5.603] Full time Student [24 CFR 5.603] Elderly and Near-Elderly Persons, and Elderly Family [24 CFR and 5.403] Persons with Disabilities and Disabled Family [24 CFR 5.403] Guests [24 CFR 5.100] Foster Children and Foster Adults Absent Family Members Live-In Aide Income Eligibility Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E] Declaration [24 CFR 5.508] Mixed Families Ineligible Families [24 CFR 5.514(d), (e), and (f)] Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] Social Security Numbers [24 CFR and 5.218] Family Consent to Release of Information [24 CFR 5.230] Students in Institutions of Higher Education [24 CFR 5.612] Definitions for Student Eligibility Restrictions Determining Student Eligibility Determining Parental Income Eligibility Current and Past Behavior [24 CFR & 553] Chapter 9 Verifying Eligibility Verifying Family Information Verification of Legal Identity Verification of Age Family Relationships Verification for Live-in Aide Verification of Disability Family Members Receiving SSA Disability Benefits Family Members Not Receiving SSA Disability Benefits Verification of Income Citizenship or Eligible Immigration Status [24 CFR 5.508] Overview U.S. Citizens and Nationals Eligible Immigrants Who Were Participants and 62 or over on June 19, Non-citizens with Eligible Immigration Status Ineligible Family Members Non-Citizen Students on Student Visas Failure to Provide Verification of Social Security Numbers [24 CFR and Notice PIH ] Restrictions on Assistance to Students Enrolled in Institutions of Higher Education Independent Student Criminal Background Verification Verification of Waiting List Preferences [24 CFR ] In-Place Families in Units Converted to PBV Assistance iv

6 9.8.2 Involuntary Displacement Disabled Person or Family Member Victims of Domestic Violence Homeless Timing of Verification of Preferences Final Determination and Notification of Eligibility Chapter 10 Denial of Assistance Overview Forms of Denial [24 CFR (a)(2)] Prohibited Reasons for Denial of Program Assistance [24 CFR (b), 24 CFR (b)] Mandatory Denial of Assistance [24 CFR (a)] Other Reasons for Denial of Assistance Criminal Activity Previous Behavior in Assisted Housing [24 CFR (c)] Criteria for Deciding To Deny Assistance Evidence [24 CFR (c)] Consideration of Circumstances [24 CFR (c)(2)] Removal of a Family Member's Name from the Application [24 CFR (c)(2)(ii)] Reasonable Accommodation [24 CFR (c)(2)(iv)] Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Victim Documentation [24 CFR ] Perpetrator Documentation Other Housing Assistance Misrepresentation in Collusion with Owner [24 CFR , (c)] Missed Appointments and Deadlines Procedure when Appointments are Missed or Information not Provided Notice of Eligibility or Denial Chapter 11 Appeals for Denial of Admission Overview Informal Reviews Decisions Subject to Informal Review Notice to the Applicant Scheduling an Informal Review Informal Review Procedures Informal Review Decision Informal Hearings [24 CFR ] Mitigating Circumstances for Applicants/Participants with Disabilities [24 CFR , (c)] Chapter 12 Income Determination Overview Anticipating Annual Income General Requirements for Annual Income Basis of Annual Income Projection Income Included in Annual Income Wages and Related Compensation Some Types of Military Pay v

7 Business Income Assets Periodic Payments Payments in Lieu of Earnings Welfare Assistance Periodic and Determinable Allowances Student Financial Assistance Included in Annual Income Income Excluded from Annual Income Temporary, Nonrecurring, or Sporadic Income Children s Earnings Certain Earned Income of Full time Students Income of a Live-in Aide Income Earned under Certain Federal Programs State and Local Employment Training Programs HUD-Funded Training Programs Earned Income Tax Credit Periodic Payments Excluded from Annual Income Additional Exclusions from Annual Income Household Composition and Income Earned Income Disallowance for Persons with Disabilities Eligibility Calculation of the Disallowance Initial 12-Month Exclusion Second 12-Month Exclusion and Phase-In Lifetime Limitation Chapter 13 Verifying Income Overview Employment Income EIV UIV Third Party Written Verification Written Third Party Verification Form Oral Verification Self-Certification Social Security and Supplementary Security Income EIV UIV Third Party Written Verification Written Third Party Verification Form Oral Verification Self-Certification Unemployment Compensation EIV UIV Third Party Written Verification Written Third Party Verification Form vi

8 Oral Verification Self-Certification Welfare Payments or General Assistance EIV UIV Third Party Written Verification Written Third Party Verification Form Oral Verification Self-Certification Alimony or Child Support Payments EIV UIV Third Party Written Verification Written Third Party Verification Form Oral Verification Self-Certification Pensions EIV UIV Third Party Written Verification Written Third Party Verification Form Oral Verification Self-Certification Net Income from a Business EIV UIV Third Party Written Verification Written Third Party Verification Form Oral Verification Self-Certification Recurring Gifts EIV UIV Third Party Written Verification Written Third Party Verification Form Oral Verification Self-Certification Income from Assets Savings Account Interest Income and Dividends Interest Income from Mortgages or Similar Arrangements Net Rental Income from Property Owned by Family Valuing Family Assets Assets Disposed of for Less than Fair Market Value During Two Years Preceding Effective Date of Certification or Recertification Student Financial Assistance EIV vii

9 UIV Third Party Written Verification Written Third Party Verification Form Oral Verification Self-Certification Zero Income Status Chapter 14 Adjustments to Annual Income Overview Dependent Deduction Elderly or Disabled Family Deduction Medical Expenses Deduction Definition of Medical Expenses Disability Assistance Expenses Deduction Earned Income Limit on the Disability Assistance Expense Deduction Eligible Disability Expenses Necessary and Reasonable Expenses Families That Qualify for Both Medical and Disability Assistance Expenses Childcare Expense Deduction Qualifying for the Deduction Chapter 15 Verifying Adjustments to Annual Income Overview Dependent Deductions Verifying Age and Family Relationship Verifying Full Time Student Status Elderly/Disabled Family Deduction Medical Expense Deduction Eligible Household Qualified Expenses Unreimbursed Expenses Amount of Expenses Disability Assistance Expenses Family Member is a Person with Disabilities Family Member(s) Permitted to Work Unreimbursed Expenses Amount of Expenses Childcare Expenses Eligible Child Unreimbursed Expense Pursuing an Eligible Activity Reasonableness of Expenses Amount of Expenses Chapter 16 Subsidy Standards Overview Determining Family Unit (Voucher) Size [24 CFR ] Exceptions to Subsidy Standards Exception to Subsidy Standard Regulatory Requirements for Carr Square Only viii

10 16.5 Unit Size Selected Chapter 17 Family Briefing and Voucher Issuance Overview Family Briefing Notification and Attendance Oral Briefing Briefing Packet Family Obligations Voucher Issuance [24 CFR ] General Sufficient Funding Voucher Term, Extensions, and Suspensions Voucher Term [24 CFR ] Extensions of Voucher Term [24 CFR (b)] Suspensions of Voucher Term [24 CFR (c)] Expiration of Voucher Term Chapter 18 Request for Tenancy Approval Overview Eligible Units Ineligible Units SLHA-Owned Units Duplicative Assistance Requesting Tenancy Approval Documents Required for Tenancy Approval Review of the Documents Required for Tenancy Approval Owner Participation Disapproval of Request for Tenancy Approval Chapter 19 Owners Overview Owner Recruitment and Retention Basic HCV Program Requirements Owner Responsibilities Owner Qualifications Owners Barred from Participation Leasing to Relatives Conflict of Interest Owner Actions That May Result in Disapproval of a Tenancy Request Legal Ownership of Unit Non-Discrimination Change in Ownership Owner Debts to SLHA Chapter 20 Housing Quality Standards and Inspections Overview General HQS Requirements Sanitary Facilities Food Preparation and Refuse Disposal ix

11 Space and Security Thermal Environment Illumination and Electricity Structure and Materials Interior Air Quality Water Supply Lead-Based Paint Access Site and Neighborhood ADA Acceptability Criteria and Exceptions to HQS Additions Modifications Emergency Conditions Inspection Process Overview Types of Inspections Inspection of SLHA-Owned Units Inspection Costs Notice and Scheduling Owner and Family Inspection Attendance Initial HQS Inspection Timing of Initial Inspections Inspection Results and Re-inspections Utilities Appliances Biennial HQS Inspections Special/Complaint Inspections Special Needs/Medical Aid Inspections Quality Control Inspections Inspection Results and Re-inspections for Units Under HAP Contract Notification of Corrective Actions Extensions Re-inspections Owner Responsibility HAP Abatement HAP Contract Termination Family Responsibilities Violation of HQS Space Standards Chapter 21 Rent Reasonableness Overview When Rent Reasonableness Determinations are Required Owner Initiated Rent Determinations SLHA Initiated Rent Reasonableness Determinations SLHA Owned Units Units Assisted by Low-Income Housing Tax Credits or Assistance under HUD s Home Program How Comparability Is Established Factors to Consider x

12 Units that Must Not Be Used as Comparables Rents Charged for Other Units on the Premises SLHA Rent Reasonableness Methodology How Market Data is Collected How Rents are Determined Chapter 22 Total Tenant Payment and Family Share Rent and Subsidy Calculations Total Tenant Payment Formula Minimum Rent Family Share SLHA Subsidy Utility Reimbursement Financial Hardships Affecting Minimum Rent Overview Definition of Financial Hardship Implementation of Hardship Exemption Applying Payment Standards General Requirements Changes in Payment Standards Applying Utility Allowances Prorated Assistance for Mixed Families Chapter 23 Housing Assistance Payment Contract, Lease and Payments to Owners Overview HAP Contract Contents Execution of the HAP Contract Lease Lease Form and Tenancy Addendum Lease Information Term of Assisted Tenancy Security Deposit Separate Non-Lease Agreements between Owner and Tenant Lease Review Changes to the Lease Payments to Owners General Owner Certification of Compliance Late HAP Payments Chapter 24 Reexaminations Overview Annual Reexaminations Annual Activities Scheduling Annual Reexaminations Notification of and Participation in the Annual Reexamination Process Conducting Annual Reexaminations Reexaminations for Families with Fixed Income Recalculating Family Share xi

13 Effective Dates Interim Reexaminations Overview Changes in Family and Household Composition Changes Affecting Income or Expenses Family-Initiated Interim Reexaminations Processing the Interim Reexamination Chapter 25 Moves with Continued Assistance Overview Allowable Moves Other Allowable Moves Restrictions on Moves Moving Process Notification Reexamination of Family Income and Composition Voucher Issuance and Briefing Housing Assistance Payments Chapter 26 Portability Overview SLHA as the Initial PHA Allowable Moves under Portability Determining Income Eligibility Reexamination of Family Income and Composition Briefing Voucher Issuance and Term Voucher Extensions and Expiration Preapproval Contact with the Receiving PHA Initial Notification to the Receiving PHA Sending Documentation to the Receiving PHA Initial Billing Deadline Monthly Billing Payments Annual Updates of Form HUD Denial or Termination of Assistance SLHA as a Receiving PHA Responding to Initial PHA s Request Initial Contact with Family Briefing Income Eligibility and Reexamination Voucher Issuance Voucher Term Notifying the Initial PHA Administering a Portable Family s Voucher General Administrative Requirements in Portability Transactions Late Payments Overpayments Chapter 27 Termination of HAP Contract xii

14 27.1 Overview HAP Contract Term and Terminations Termination of Tenancy by the Owner: Evictions Grounds for Termination of Tenancy Criminal Activity and Alcohol Abuse Other Good Causes for Termination of Tenancy Termination of HAP Payments Breach of HAP Contract Chapter 28 Family Debts to SLHA Overview Methods of Collection Family Debts to SLHA Repayment Agreement General Repayment Agreement Guidelines for Families Program Fraud Chapter 29 Termination of Assistance Overview Family No Longer Requires Assistance Family Chooses to Terminate Assistance Mandatory Termination of Assistance Eviction Failure to Provide Consent Failure to Document Citizenship [24 CFR (b)(4) and [24 CFR 5.514(c)] Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c)] Methamphetamine Manufacture or Production [24 CFR (b)(1)(ii)] Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR (b)(5)] Death of the Sole Family Member [24 CFR (d)] Registered Sex Offenders Termination of Assistance for Drug or Alcohol Abuse and Criminal Activity Use of Illegal Drugs and Alcohol Abuse Drug-Related and Violent Criminal Activity [24 CFR 5.100] Factors Considered in Termination Assistance for Drug or Alcohol Abuse and Criminal Activity Other Authorized Reasons for Termination of Assistance [24 CFR (c)] Family Absence from the Unit Insufficient Funding Missed Appointments and Deadlines Approach to Termination of Assistance Method of Termination Criteria for Deciding to Terminate Assistance Reasonable Accommodation [24 CFR (c)(2)(iv)] Terminations Related to Domestic Violence, Dating Violence, Sexual Assault or Stalking Alternatives to Termination of Assistance Change in Household Composition Repayment of Family Debts Termination Notice Chapter 30 Informal Hearings xiii

15 30.1 Introduction Decisions Subject to Informal Hearing Informal Hearing Procedures Notice to the Family [24 CFR (c)] Scheduling an Informal Hearing [24 CFR (d)] Pre-Hearing Right to Discovery [24 CFR (e)] Participant s Right to Bring Counsel [24 CFR (e)(3)] Informal Hearing Officer [24 CFR (e)(4)] Attendance at the Informal Hearing Conduct at Hearings Evidence [24 CFR (e)(5)] Hearing Officer s Decision [24 CFR (e)(6)] Procedures for Further Hearing SLHA Notice of Final Decision [24 CFR (f)] Hearing and Appeal Provisions for Non-Citizens [24 CFR 5.514] USCIS Appeal Process Informal Hearing Procedures for Applicants [24 CFR 5.514(f)] Chapter 31 Project-Based Voucher Program Introduction Selection of Owner Proposals [24 CFR (d)] Selection of Owners Request For Proposal Process Selection of Owner Previously Approved Project Process [24 CFR (b)(2)] Housing Type [24 CFR ] Ineligible Units [24 CFR ] Prohibition of Assistance for Subsidized Housing [24 CFR ] Excess Public Assistance [24 CFR ] Cap on Number of PBV Units [24 CFR ] Relocation Requirements [24 CFR 983.7] Housing Accessibility for Persons with Disabilities [24 CFR ] Site Selection [24 CFR ] Environmental Review [24 CFR ] Inspecting Units [24 CFR ] Pre-Selection Inspection Inspection of Existing Units Pre-HAP Contract Inspections Turnover Inspections Biennial Inspections Other Inspections Agreement to Enter Into HAP Contract [24 CFR ] Additional Requirements for New Construction and Rehabilitation Acceptance of Completed Units Execution of the HAP Contract [24 CFR ] Existing Housing Newly Constructed or Rehabilitated Housing Term of HAP HAP Contract Amendments xiv

16 Staged Completion of Contract Units Rent Determination Certain Tax Credit Units [24 CFR (c)] Vacancy Payments [24 CFR (b)] Other Fees and Charges [24 CFR ] How Participants are Selected [24 CFR ] Minimization of Displacement Site-Based PBV Waiting Lists Maintaining the PBV Site-Based Waiting List Order of Selection Preferences for Services Offered Income Targeting Tenant Screening [24 CFR ] Eligibility Offer of PBV Assistance Information for Accepted Families Vacancies [24 CFR ] Leasing of Contract Units [24 CFR ] Owner Termination Tenant Lease Security Deposits [24 CFR ] Over/Under-Housed and Accessible Units [24 CFR ] Continued Assistance Termination of Housing Assistance Family Right to Move Exception to Regulatory Requirements for Carr Square Only Other PBV Program Requirements Chapter 32 Special Housing Types Introduction Veterans Affairs Supportive Housing Program [73 FR 25026, May 6, 2008] Family Selection and Eligibility Income Eligibility Term of the Voucher Initial Lease Term Ineligible Housing Mobility and Portability Case Management Turnover of HUD-VASH Vouchers Chapter 33 Homeownership Introduction Eligibility Requirements [24 CFR ] Homeownership Counseling Requirements [24 CFR ] Eligible Units [24CFR ] Search and Purchase Requirements [24 CFR ] Inspection and Contract [24 CFR ] Contract of Sale xv

17 33.8 Financing [24 CFR ] Continued Assistance [24 CFR ] Maximum Term of Homeownership Assistance [24 CFR ] Homeownership Assistance Payments and Expenses [24 CFR ] Portability [24 CFR , (b) and (c), , ] Moving With Continued Assistance [24 CFR ] Denial or Termination of Assistance [24 CFR ] Default on FHA-Insured Mortgage Default of Non-FHA Insured Mortgage Chapter 34 Family Self-Sufficiency Overview Program Requirements: Minimum Program Size Design and Administration of Self-Sufficiency Programs Program Coordinating Committee FSS Action Plan Selection of Participants Contract of Participation FSS Contract Overview Term of FSS Contract FSS Individual Training and Service Plans FSS Contract Modifications FSS Contract Completion Termination of FSS Contract FSS Escrow Accounts FSS Escrow Account Overview FSS Escrow Account Credit Calculations Establishing Escrow Accounts Disbursement of FSS Escrow Account Funds Interim Disbursement of FSS Escrow Funds Forfeiture of FSS Escrow Accounts Portability of Family Self-Sufficiency Chapter 35 Cost-Saving Measures When Funding Is Insufficient Overview Method of Selection of Cost-Saving Measures Family Income Matching/Verification and Other Anti-Fraud Efforts Elimination of Repayment Agreements Restrictions on Moves with Continued Assistance General Restricting Moves to Higher Cost Units in the Jurisdiction Restricting Moves to Higher Cost Areas Notification Requirements Review Rent Reasonableness Defer Rent Increases Renegotiate Rent or Prorate HAP Payments to Owners Reduce Utility Allowances to Qualifying Unit Size Reduction of Payment Standards xvi

18 Overview of Reduction of Payment Standards Waiver Requirements for Reduction of Payment Standards Notice to Families Moving with Continued Assistance when Payment Standards are Reduced Increasing Payment Standards when Funds are Available Terminate Current Program Participants When SLHA Will Terminate Current Program Participants due to Insufficient Funding HUD Notification of SLHA s Intention to Terminate Current Program Participants due to Insufficient Funding Selection of Current Program Participants Terminated due to Insufficient Funding Notice to Current Program Participants Terminated due to Insufficient Funding Resumption of Assistance to Program Participants Terminated due to Insufficient Funding Index... 1 Revision... I xvii

19 Chapter 1 Overview and Purpose of the Plan 1.1 Introduction The Housing Choice Voucher (HCV) program (formally known as Section 8) provides rental assistance to qualified low-income families. HCV is a federally funded program overseen by the U.S Department of Housing and Urban Development (HUD). The St. Louis Housing Authority (SLHA) is a municipal corporation organized and existing under state law to develop and operate housing and housing programs for low-income families. To administer the program, SLHA enters into an Annual Contributions Contract with HUD. SLHA must operate the program in compliance with federal laws and regulations that govern the program. The purpose of this Administrative Plan is to provide guidance, clarify federal requirements and ensure consistency in program operation. 1.2 Mission Statement The St Louis Housing Authority commits to efficiently build and maintain desirable, affordable housing for residents of the St. Louis area through forthright leadership, innovative partnerships, progressive technology, and expansion of new resources. We seek to improve the quality of life for employees, residents and the community by providing employment opportunities, education, training and ethical, professional service. 1.3 HCV Program Objectives SLHA will operate the HCV program using the following objectives as guidance: Provide decent, safe, and sanitary housing in compliance with program housing quality standards for very low-income families while ensuring that family rents are fair, reasonable, and affordable Encourage self-sufficiency of participant families and assist in the expansion of family opportunities that address educational, socio-economic, recreational and other human services needs Promote fair housing and the opportunity for very low-income families of all ethnic backgrounds to experience freedom of housing choice Promote a housing program that maintains quality service and integrity while providing an incentive to private property owners to rent to very low-income families Promote a market-driven housing program that will help qualified low-income families be successful in obtaining affordable housing and increase the supply of housing choices for such families Create positive public awareness and expand the level of family, owner and community support in accomplishing SLHA s mission Attain and maintain a high level of standards and professionalism in day-to-day management of all program components Administer an efficient, high-performing program through continuous improvement of SLHA s support systems and commitment to our employees and their development Revised 8/23/ Resolution No. 2712

20 1.4 Purpose of the Plan [24 CFR ] The purpose of this Administrative Plan is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local goals and objectives. This Administrative Plan defines SLHA's policies for operation of the HCV programs in the context of federal laws and regulations. SLHA will comply with all changes in HUD regulations pertaining to the HCV program. If such changes conflict with this Plan, HUD regulations will have precedence. The Board of Commissioners must approve the original Plan and any changes. Pertinent sections of this Plan are included in the SLHA Agency Plan. Local rules that are part of this Plan promote local housing objectives consistent with the intent of the federal housing legislation. 1.5 Contents of the Plan HUD regulations require SLHA to have the following policies in its Administrative Plan.: Selection and admission of applicants from the waiting list, including any admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the waiting list (Chapter 6) Issuing or denying vouchers, including policy governing the voucher term and any extensions or suspensions of the voucher term (Chapters 10 and 17) Any special rules for use of available funds when HUD provides funding for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter 32) Occupancy policies, including definition of what group of persons may qualify as a family, definition of when a family is considered to be continuously assisted; standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with (Chapters 8, 10, and 29) Encouraging participation by owners of suitable units located outside areas of low income or minority concentration (Chapter 2) Assisting a family that claims illegal discrimination has prevented the leasing of a suitable unit (Chapter 2) Providing information about a family to prospective owners (Chapter 19) Disapproval of owners (Chapter 19) Subsidy standards (Chapter 16) Family absence from the dwelling unit (Chapter 29) How to determine who remains in the program if a family breaks up (Chapter 8) Informal review procedures for applicants (Chapter 11) Informal hearing procedures for participants (Chapter 30) The process for establishing and revising voucher payment standards (Chapter 4) The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 21) Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 32) Policies concerning debts owed by a family to SLHA (Chapter 28) Interim redeterminations of family income and composition (Chapter 24) Restrictions, if any, on the number of moves by a participant family (Chapter 25) Revised 8/23/ Resolution No. 2712

21 Approval by the Board of Commissioners or other authorized officials to charge the administrative fee reserve (Chapter 4) Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 20) SLHA screening of applicants for family behavior or suitability for tenancy (Chapter 9) 1.6 Organization of the Plan This Plan is organized in topic specific chapters so that, SLHA staff, HCV participants and HCV Owners can find the information they need quickly. The body of the Plan contains two types of lists. Some lists are formatted with indentions or various types of bullets. Lists designated with indentation or bullet formats are for informational purposes and are arranged in no particular order. Other lists are formatted using the numbering system used throughout the Plan. The actions in lists that are numbered shall be performed in the order presented in the list. Where the Plan uses the words shall, must or will, the action is mandatory. Where the Plan uses the words may or should, the action is discretionary. 1.7 Roles and Responsibilities of Key Housing Choice Voucher Program Players The key players in the HCV program are SLHA, HUD, the owner and the family. Contractual relationships between the key players are the mechanism used to administer the HCV program. Federal regulations and the legal documents that the parties execute to participate define the roles and responsibilities of HUD, SLHA, the owner and the family Role of HUD HUD has four major responsibilities: Developing policy, regulations, handbooks, notices and guidance to implement housing legislation Allocating housing assistance funds Providing technical assistance and training Monitoring SLHA s compliance with program and performance requirements Role of SLHA SLHA administers the HCV program under the Annual Contributions Contract with HUD and has the following areas of responsibility: Establishing local policies Determining family eligibility and reexamining of family income Maintaining the waiting list and selecting families for admission Calculating family s share of the rent and the amount of the housing assistance payment Establishing utility allowances Conducting outreach to owners, particularly owners with units outside of areas of poverty or minority concentration Assisting persons with disabilities in finding satisfactory housing Approving units, including assuring compliance with housing quality standards (HQS) and determining the reasonableness of rent Making housing assistance payments to owners Revised 8/23/ Resolution No. 2712

22 Conducting informal reviews and hearings at the request of applicants and participants challenging PHA administrative decisions Administering the FSS program Complying with all applicable regulations, federal, state and local laws Role of the Owner The Housing Assistance Payment (HAP) contract defines the Owner s obligations for program participation with SLHA. The lease defines the Owner s responsibilities to the Family. The major responsibilities of the Owner are as follows: Screening tenants, selecting tenants, and entering into leases with tenants Complying with the HAP contract, lease, and tenancy addendum Carrying out normal owner functions during the lease term, such as enforcing the lease, performing maintenance, collecting the family s share of rent from the family, and charging families for any damage to the unit Maintaining unit compliance with HQS Complying with fair housing and equal opportunity requirements Paying for utilities, maintenance, and services (unless paid for by the family under the lease) Role of the Family The voucher (form HUD-52646) and the lease state the family s obligations. Responsibilities of the family include: Supplying true and complete required information including: Any information that SLHA or HUD determines necessary in the administration of the program, including evidence of citizenship or eligible immigration status Information as requested for regular or interim reexaminations of family income Social Security numbers and signed consent forms for obtaining and verifying information Fixing any breach of HQS caused by the family Allowing SLHA to inspect the unit at reasonable times and after reasonable notice Not committing any serious or repeated violation of the lease Not engaging in drug-related criminal activity or violent criminal activity Notifying SLHA and the Owner before moving or terminating the lease with the owner Promptly giving SLHA a copy of an eviction notice from the owner Using the assisted unit only as a residence and as the only residence of the family Members of the household may engage in legal profit-making activities within the unit, but only if those activities are incidental to the primary use of the unit as a residence Members of the family may not receive another housing subsidy in the same unit or a different unit Promptly informing SLHA of any change in household composition and obtaining SLHA approval to add a family member by any means other than birth, adoption, or courtawarded custody of a child Revised 8/23/ Resolution No. 2712

23 Notifying SLHA of any absence from the unit and complying with SLHA policies governing absence from the unit Not subletting the unit, assigning the lease, or having any interest in the unit Not committing fraud, bribery, or any other corrupt or criminal act in connection with any assisted housing programs Revised 8/23/ Resolution No. 2712

24 Chapter 2 Fair Housing and Equal Opportunity 2.1 Nondiscrimination Overview SLHA shall not discriminate because of race, color, sex, religion, familial status, age, sexual orientation, disability or national origin. SLHA shall 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: Title VI of the Civil Rights Act of 1964 Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988) Executive Order Section 504 of the Rehabilitation Act of 1973 The Age Discrimination Act of 1975 Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern) Violence Against Women Act (VAWA) St. Louis City Ordinance Providing Information to Families and Owners [24 CFR ] SLHA will take steps to ensure that families and owners are aware of applicable equal opportunity laws. As part of the family oral briefing process, SLHA will review information with HCV applicant families about equal opportunity requirements and the opportunity to rent in a broad range of neighborhoods. All applicable Fair Housing information and discrimination complaint forms are part of the voucher holder's briefing packet and available upon request. The owners briefing shall include information regarding Fair Housing requirements. In addition, the Housing Assistance Payments (HAP) contract, which all owners must sign to participate in the program, contains provisions that prohibit the owner from discriminating against any person because of race, color, religion, sex, national origin, age, familial status, sexual orientation, gender identity or disability Discrimination Complaints [24 CFR ] If an applicant or participant advises SLHA that they believe that any family member has been discriminated against, SLHA will provide a copy of a discrimination complaint form to the complainant and provide the family with information on how to complete the form and file it with HUD. Revised 8/23/ Resolution No. 2712

25 2.2 Reasonable Accommodations Overview SLHA shall ensure that persons with disabilities have full access to programs and services by making reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program. Such accommodations will begin with the first inquiry of an interested family and continues through every programmatic area of the HCV program Definition of Reasonable Accommodations Reasonable accommodations mean changes, exceptions or adjustments to a rule, policy, practice or service to ensure access to services and programs. Accommodations are reasonable if they do not create an undue financial and administrative burden for, or result in a fundamental alteration in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of the operation Types of Reasonable Accommodations Modifications of normal procedures may be required to accommodate the needs of a person with disabilities, which may include: Permit applications and reexaminations to be completed by mail Conduct home visits Use of a higher payment standard (either within the acceptable range or with HUD approval of a payment standard outside SLHA s range) if determined necessary to enable a person with disabilities to obtain a suitable housing unit Provide time extensions for locating a unit when necessary because of lack of availability of accessible units or special challenges of the family in seeking a unit Permit an authorized designee or advocate to participate in the application or certification process and any other meetings with SLHA staff Approve the leasing of a unit from a relative Request for an Accommodation If an applicant or participant indicates that they need an exception, change, or adjustment to a rule, policy, practice, or service because of a disability, SLHA shall treat the information as a request for a reasonable accommodation. SLHA will encourage the family to make its request in writing. However, SLHA will consider the accommodation anytime the family indicates that it needs an accommodation, whether or not the family submits a formal written request. In the request, the family must explain the type of accommodation it needs to provide the person with the disability full access to SLHA s programs and services. If the need for the accommodation is not readily apparent or known to SLHA, the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable relationship, or nexus, between the requested accommodation and the individual s disability. Revised 8/23/ Resolution No. 2712