Section 8 Administrative Plan Revisions Chapters 3, 4, 5, and 6

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1 AGENCY PLAN B.1 Revision of PHA Plan Elements REVISIONS TO PHA PLAN ELEMENTS GOVERNING ELIGIBILITY, SELECTION AND ADMISSIONS POLICIES, AND WAIT LIST PROCEDURES: Section 8 Administrative Plan Revisions Chapters 3, 4, 5, and 6 CHAPTER 3 Eligibility Section 3II.C. Social Security Numbers had the following language added: If a child under age 6 has been added to an applicant family within the 6 months prior to program admission, an otherwise eligible family may be admitted to the program and must disclose and document the child s SSN within 90 days of admission to meet HUD requirements. Section 3II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION Added: [PIH Notice September 21, Eligibility of Independent Students for Assisted Housing under Section 8 of the U.S. Housing Act of 1937; Additional Supplementary Guidance] To meet the criteria under number 2. Above, to be considered an independent student, a student must meet one or more of the following criteria: The individual is 24 years of age or older by December 31 of the award year The individual is an orphan, in foster care, or a ward of the court at any time when the individual was 13 years of age or older The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual s state of legal residence The individual is a veteran of the U.S. Armed Forces or is currently serving active duty for other than training purposes The individual is a graduate or professional student The individual is married The individual has legal dependents other than a spouse The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by a local educational agency homeless liaison; the director or designee of the director of a program funded under the Runaway and Homeless Youth Act, or of a program funded under Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act; or a financial aid administrator The individual is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances Renamed the section title DMMHA Specifically Identified Denials from DMMHA Automatic Denials. 3-III.C. Moved reference of drug related criminal activity from list of Other Permitted Reasons for Denial of Admission because it had a different period of time (two years) to look back on than the other listed reasons (10 years). 3-III.C Reworded the definition of Reasonable Period of Time as follows: Reasonable Period of Time shall mean all criminal activity that has occurred (offense date) within the last ten years before the date that the applicants name is pulled from the waiting list and DMMHA begins the screening process. This period of time shall not apply to mandatory denials or certain specifically identified denials.

2 Reworded the definition of Pattern of Activity which states: Pattern of activity shall mean activity that happens in a regular and repeated way. Pattern of activity may include activity outside the reasonable period of time. Ensured that the language regarding relevant circumstances being considered is in the violent criminal activity section, pattern of criminal activity section, and other criminal activity section. Revised the Evidence section within the Criteria for Deciding to Deny Assistance to: In the event of drug-related criminal activity, violent criminal activity, or any other criminal activity, DMMHA will deny assistance if the preponderance of evidence indicates that a family household member is currently engaged in or has engaged in such activity, regardless of whether the family member has been arrested or convicted. In determining whether the family household member engaged in such activity, DMMHA will utilize all available evidence including, but not limited to police reports detailing the circumstances of the offense, witness statements, and other relevant documentation to assist in making a determination that the disqualifying conduct occurred. Before DMMHA will deny, the evidence as a whole must show by a preponderance of the evidence that the family household member is currently engaged in or has engaged in such activity. In reviewing the evidence, DMMHA will not be bound by the Iowa or Federal Rules of Evidence regarding admissibility and may consider evidence that may otherwise be inadmissible under those Rules. Should the application process reveal that the applicant household member is currently engaged in, or has engaged in any of the above mentioned activities, then DMMHA shall provide the applicant with notification of the opportunity to dispute and/or provide additional information relevant to the cited activity. Should the applicant fail to respond within the specified time period, then the applicant will be denied admission to the Section 8 Program. Should the applicant respond, DMMHA may consider relevant circumstances for past criminal history as stated in Section 3-III.D. Consideration of Circumstances. Added under Consideration of Circumstances additional things to consider before denying admission for Past Criminal History: Any mitigating circumstances related to the disability of a family member. The effects the denial of assistance would have on other family members who were not involved in the action or failure to act. Added the language VAWA 2013 expanded notification requirements to include the obligation of DMMHA to provide applicants who are denied assistance with a VAWA notice of rights and HUD form at the time the applicant is denied in order to be in conformance with VAWA regulations. CHAPTER 4 Applications, Waiting List and Tenant Selection 4-III.D. NOTIFICATION OF SELECTION Removed language regarding TBRA as the program ends on 12/31/16 4-III.E. THE APPLICATION INTERVIEW

3 Revised language regarding obtaining Social Security numbers for children under 6 to read as follows: If an applicant family includes a child under 6 years of age who joined the household within the 6 months prior to the date of voucher issuance, an otherwise eligible family may be admitted to the program and the family must provide documentation of the child s SSN within 90 calendar days of the effective date of the initial HAP contract. A 90-calendar day extension will be granted if the PHA determines that the applicant family s failure to comply was due to unforeseen circumstances and was outside of the family s control. The PHA will grant one additional 90-calendar day extension if needed for reasons beyond the applicant family s control, such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency. CHAPTER 5 Briefings and Voucher Issuance Revised the age of a child being afforded an additional bedroom from 6 to 5 years old. 5-II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR ] The Subsidy Standards establish the maximum rent subsidy for which the family is eligible. The Subsidy Standards will not prohibit an applicant family from renting a dwelling unit with fewer bedrooms than the number stated on the Housing Choice Voucher, unless the number of bedrooms chosen would be a violation of HQS. The household may lease an otherwise acceptable dwelling unit with more bedrooms than the household unit size. a. For a voucher tenancy, the DMMHA establishes subsidy standards by the number of bedrooms for which the family is eligible. The subsidy standards for the household must be the lower of: 1. The subsidy standards for the household unit size; or 2. The subsidy standard for the unit size rented by the household b. One bedroom subsidy standards will be assigned to the Head of Household (including a married couple or Head of Household with a significant other); c. An additional bedroom subsidy will be provided for up to two (2) additional household members thereafter unless the household has one biological child less than five (5) years of age. Said household shall be afforded an additional bedroom subsidy once the child reaches the age of five (5) years old. 5-II.C. EXCEPTIONS TO SUBSIDY STANDARDS Added language that exceptions to the subsidy standards may be made as a reasonable accommodation request of the applicant family or in emergency situations and that documentation supporting the emergency or the medical need for the exception must be submitted, in writing, to the DMMHA. 5-II.E. VOUCHER TERM, EXTENSIONS, AND SUSPENSIONS Added: The DMMHA may, at its sole discretion, approve a voucher extension for a client porting in from another Housing Agency if the extension is necessary as a result of a delay in processing by the other Housing Agency. CHAPTER 6 Income and Subsidy Determinations

4 Revised the language regarding removing income due to a medical leave of absence from 6 weeks to 30 calendar days: DMMHA will decrease family portion of rent by removing wages from the file for employed participants who take a medical leave of absence from employment when the medical leave of absence is thirty calendar (30) days or more. It is the family s responsibility to report to DMMHA in writing within 14 calendar days when the employment continues. Employment income from a temporary agency is included in annual income unless the household provides a statement from the temporary agency that the household member has ended actual employment with the temporary agency, not just that the temporary assignment has ended. The income from temporary agency employment will not be counted in annual income if the household member provides verification that the income has not been received for at least thirty (30) calendar days. Revised language under Earned Income Disregard due to the Housing Opportunities through Modernization Act to read as follows: While qualification for the disallowance is the same for all families, calculation of the disallowance will differ depending on when the family member qualified for the EID. Participants qualifying prior to May 9, 2016, will have the disallowance calculated under the Original Calculation Method described below which requires a maximum lifetime disallowance period of up to 48 consecutive months. Participants qualifying on or after May 9, 2016, will be subject to the Revised Calculation Method which shortens the lifetime disallowance period to 24 consecutive months. Under both the original and new methods, the EID eligibility criteria, the benefit amount, the single lifetime eligibility requirement and the ability of the applicable family member to stop and restart employment during the eligibility period are the same. (a) (b) (c) Revised Calculation Method Initial 12-Month Exclusion During the initial exclusion period of 12 consecutive months, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded. The initial EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in earnings. Second 12-Month Exclusion During the second exclusion period of 12 consecutive months, the DMMHA must exclude at least 50 percent of any ongoing or new increase in income attributable to employment or increased earnings. Lifetime Limitation The EID has a two-year (24-month) lifetime maximum. The two-year eligibility period begins at the same time that the initial exclusion period begins and ends 24 months later. During the 24-month period, an individual remains eligible for EID even if they begin to receive assistance from a different housing agency, move between public housing and Section 8 assistance, or have breaks in assistance. Revised language regarding determining the value of a checking account to read as follows: In determining the value of a checking account, the DMMHA will use the average monthly balance, if indicated on the bank statement, and use the current balance if the average balance is not indicated on the bank statement. Added that Lump sum of child support or unemployment benefits are excluded from income.

5 Revised language regarding alimony and child support payments to reflect no payments for 30 days instead of the previous 60 days. 6-I.L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b) (9); Notice PIH ] Added the following language per PIH Notice : Tuition and fees are defined in the same manner in which the Department of Education defines tuition and fees [Notice PIH ]. (i) This is the amount of tuition and required fees covering a full academic year most frequently charged to students. (ii) The amount represents what a typical student would be charged and may not be the same for all students at an institution. (iii)if tuition is charged on a per-credit-hour basis, the average full-time credit hour load for an academic year is used to estimate average tuition. (iv) Required fees include all fixed-sum charges that are required of a large proportion of all students. Examples include, but are not limited to, writing and science lab fees and fees specific to the student s major or program (i.e., nursing program). (v) Expenses related to attending an institution of higher education must not be included as tuition. Examples include, but are not limited to, room and board, books, supplies, meal plans, transportation and parking, student health insurance plans, and other non-fixed-sum charges. Revised the following language per PIH Notice Streamlining Administrative Regulations for Programs Administered by Public Housing Agencies, on a case-by-case basis, as a reasonable accommodation, a PHA may approve a payment standard amount up to 120 percent of the published fair market rent (FMR) without HUD approval. (Previously PHA s were only permitted to approve up to 110%). Public Housing Admissions and Continued Occupancy Plan Revisions Chapters 3, 4, 5, and 6 CHAPTER 3 Eligibility Section 3II.C. Social Security Numbers had the following language added: If a child under age 6 has been added to an applicant family within the 6 months prior to program admission, an otherwise eligible family may be admitted to the program and must disclose and document the child s SSN within 90 days of admission to meet HUD requirements. Renamed the section title DMMHA Specifically Identified Denials from DMMHA Automatic Denials. 3-III-C. Removed violent acts against another person from list of specifically identified denials as they are not automatic denials, and already have their own subsection under Other Permitted Reasons for Denial of Admission. 3-III.D. Moved reference of drug related criminal activity from list of Other Permitted Reasons for Denial of Admission because it had a different period of time (five years) to look back on than the other listed reasons (10 years).

6 Added the definition of Reasonable period of time which states: Reasonable period of time shall mean all criminal activity that has occurred (offense date) within the last ten years before the date that the applicants name is pulled from the waiting list and DMMHA begins the screening process. This period of time shall not apply to mandatory denials or certain specifically identified denials. This definition was added is numerous areas in this chapter. Added the definition of Pattern of Activity which states: Pattern of activity shall mean activity that happens in a regular and repeated way. Pattern of activity may include activity outside the reasonable period of time. Ensured that the language regarding relevant circumstances being considered is in the violent criminal activity section, pattern of criminal activity section, and other criminal activity section. Added the language VAWA 2013 expanded notification requirements to include the obligation of DMMHA to provide applicants who are denied assistance with a VAWA notice of rights and HUD form at the time the applicant is denied in order to be in conformance with VAWA regulations. Revised the Evidence section within the Criteria for Deciding to Deny Assistance to: In the event of drug-related criminal activity, violent criminal activity, or any other criminal activity, DMMHA will deny assistance if the preponderance of evidence indicates that a family household member is currently engaged in or has engaged in such activity, regardless of whether the family member has been arrested or convicted. In determining whether the family household member engaged in such activity, DMMHA will utilize all available evidence including, but not limited to police reports detailing the circumstances of the offense, witness statements, and other relevant documentation to assist in making a determination that the disqualifying conduct occurred. Before DMMHA will deny, the evidence as a whole must show by a preponderance of the evidence that the family household member is currently engaged in or has engaged in such activity. In reviewing the evidence, DMMHA will not be bound by the Iowa or Federal Rules of Evidence regarding admissibility and may consider evidence that may otherwise be inadmissible under those Rules. Should the application process reveal that the applicant household member is currently engaged in, or has engaged in any of the above mentioned activities, then DMMHA shall provide the applicant with notification of the opportunity to dispute and/or provide additional information relevant to the cited activity. Should the applicant fail to respond within the specified time period, then the applicant will be denied admission to the Public Housing Program. Should the applicant respond, DMMHA may consider relevant circumstances for past criminal history as stated in Section 3-III.E. Consideration of Circumstances. Chapter 4- Applications, Waiting List and Tenant Selection 4-II.E. Reporting Changes in Family Circumstances: The language In cases in which DMMHA has not been provided a current mailing address, no Informal Review will be offered. Such failure to act on the part of the applicant prevents the DMMHA from making an eligibility determination; therefore no Informal Review is required. was added to clarify no Informal Review would be offered. This information is in Chapter 16 but adding this language addition to this chapter assists with clarification. Working Preference:

7 Was corrected to state Preference will be given to applicants in which the head, spouse, or sole member is employed at least twenty five (25) hours per week. HUD does not allow HA s to require a time frame worked or minimum income. 4-III.E. Final Eligibility Determination: Added the following language due to new VAWA 2013 requirements: Upon making an eligibility determination, the DMMHA must provide the family a notice of VAWA rights as well as the HUD VAWA self-certification from (form HUD-50066) in accordance with the Violence Against Women Act of 2013, and as outlined in 16-VII.C. The notice and self-certification form must accompany the written notification of eligibility determination. This notice must be provided in both of the following instances; (1) when a family is notified of its eligibility; or (2) when a family is notified of its ineligibility. Chapter 5 - Occupancy Standards and Unit Offers In determining unit size for students it was changed from students living out of town to students living away from the assisted unit to attend school Under Exceptions to Occupancy Standards the word business was added to ten days to submit a request for an exception. If an applicant does not respond to accept or reject a unit offer the name will be removed from the waiting list without further notice was added. Chapter 6 - Income and Rent Determinations Earned Income Disallowance section 6.I.E was updated to comply with new HUD requirements. The following was added: While qualification for the disallowance is the same for all families, calculation of the disallowance will differ depending on when the family member qualified for the EID. Residents qualifying prior to May 9, 2016 will have the disallowance calculated under the Original Calculation Method described below, which requires a maximum lifetime disallowance period of up to 48 consecutive months. Residents qualifying on or after May 9, 2016 will be subject to the Revised Calculation Method, which shortens the lifetime disallowance period to 24 consecutive months. Under both the original and new methods, the EID eligibility criteria, the benefit amount, the single lifetime eligibility requirement and the ability of the applicable family member to stop and restart employment during the eligibility period are the same. Revised Calculation Method Initial 12-Month Exclusion During the initial exclusion period of 12 consecutive months, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded. The initial EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in earnings. Second 12-Month Exclusion During the second exclusion period of 12 consecutive months, the DMMHA must exclude at least 50 percent of any ongoing or new increase in income attributable to employment or increased earnings. Lifetime Limitation o The EID has a two-year (24-month) lifetime maximum. The two-year eligibility period begins at the same time that the initial exclusion period begins and ends 24 months later. During the 24-month period, an individual remains eligible for EID even if they receive assistance from a different housing agency, move between public housing and Section 8 assistance, or have breaks in assistance. o Under the EID original calculation method, a family currently paying flat rent that previously qualified for the EID while paying income-based rent and is currently within their exclusion

8 period would have the exclusion period continue while paying flat rent as long as the employment that is the subject of the exclusion continues. A family paying flat rent could therefore see a family member s exclusion period expire while the family is paying flat rent. o Under the EID revised calculation method, a family currently paying flat rent that previously qualified for the EID while paying income-based rent and is currently within their exclusion period would have the exclusion period continue while paying flat rent regardless whether the employment that is the subject of the exclusion continues. A family paying flat rent could therefore see a family member s exclusion period expire while the family is paying flat rent. Under Earned Income 6.I.D changed the following: DMMHA will decrease family portion of rent by removing wages from the file for employed participants who take a medical leave of absence from employment when the medical leave of absence is thirty calendar (30 days) or more. It is the family s responsibility to report to DMMHA in writing when the employment continues. Under Temporary, Nonrecurring, or sporadic income added the following: Employment income from a temporary agency is included in annual income unless the household provides a statement from the temporary agency that the household member has ended actual employment, not just that the assignment has ended. The income from the temporary agency employment will not be counted in annual income if the household member provides verification that the income has not been received for at least thirty calendar (30) days. Under Types of Assets changed the language as follows: In determining the value of a checking account, the DMMHA will use the average monthly balance if indicated on the bank statement, and use the current balance if the average balance is not indicated on the bank statement. Language regarding the last six months was removed. Deconcentration - Royal View Manor is the only DMMHA covered development. Per the new annual plan template (HUD form 50075ST) the DMMHA s Deconcentration Policy will be submitted to the local HUD Field Office for review.