Kentucky Housing Corporation

Transcription

1 Kentucky Husing Crpratin HOME Investment Partnerships Prgram Tenant-Based Rental Assistance (HOME TBRA) NOTE: This manual utlines the plicies pertaining t the HOME TBRA prgram nly. Fr additinal infrmatin please refer t 24 CFR Part 92. A separate plicy manual is available fr HOME & Affrdable Husing Trust Funds (AHTF) Hmebuyer and Hmewner Rehabilitatin prgrams. Versin: March

2 Cpyright Cpyright 2017 by Kentucky Husing Crpratin. All rights reserved. N part f this dcument may be reprduced r utilized in any frm r by any means, electrnic r mechanical, including phtcpying, recrding, r by any infrmatin strage and retrieval system, withut permissin in writing frm Kentucky Husing Crpratin. Published in the United States f America by: Kentucky Husing Crpratin 1231 Luisville Rad Frankfrt, KY Authr: Kentucky Husing Crpratin Ntice This manual serves as a reference fr the Kentucky Husing Crpratin s administratin f the HOME Investment Partnerships Prgram Tenant-Based Rental Assistance prgram (TBRA). T the best f ur knwledge, the infrmatin in this publicatin is accurate: hwever, neither Kentucky Husing Crpratin nr its affiliates assume any respnsibility r liability fr the accuracy r cmpleteness f, r cnsequences arising frm, such infrmatin. Changes, typs, and technical inaccuracies will be crrected in subsequent publicatins. This publicatin is subject t change withut ntice. The infrmatin and descriptins cntained in this manual cannt be cpied, disseminated, r distributed withut the express written cnsent f Kentucky Husing Crpratin. This dcument is intended fr infrmatinal purpses nly. The manual cntains resurces and frms used t implement prject(s) using HOME TBRA. The manual is nt inclusive f all resurces needed t successfully administer a prject. Please submit a request t the Husing Cntract and Administratin (HCA) Help Desk at if yu have questins r need additinal assistance with materials within this manual. Versin: March

3 Table f Cntents Cntents Prgram Purpse... 4 Applicatin Criteria... 4 Eligible Applicants... 4 Public Infrmatin and Open Recrds Act Request... 5 Minimum Threshlds... 5 Maximum Funding Requests... 5 Match and Leverage Requirements... 6 State Clearinghuse Review... 6 Prgram Requirements and Administratin... 6 Administratin Plan... 6 Eligible Csts (Activities)... 6 Ineligible Csts (Activities)... 7 Incme Eligibility fr TBRA Beneficiaries (Tenants)... 7 Calculating Husehld Incme:... 8 Tenant Selectin Requirements... 8 Eligible TBRA Units and Rent Reasnableness... 9 Prperty and Occupancy Standards Lease Requirements Calculating the Rental Subsidy Minimum Tenant Payment Selecting a Payment (Rent) Standard Length f TBRA Assistance Depsit Assistance Structure and Repayment f KHC Subsidy Recapture f Funds Prject Cmpletin Recrdkeeping Additinal Prgram Administratin Draw Requests Cmpliance Mnitring Resurces

4 HOME Investment Partnerships Prgram Tenant-Based Rental Assistance Plicy Manual NOTE: This manual utlines the plicies pertaining t the HOME TBRA prgram nly. It is the respnsibility f HOME TBRA prject applicants and grant subrecipients t read, understand, and cmply with the HOME Final Rule, 24 CFR Part 92, as well as the dcuments and ntices listed belw. 24 CFR Part 92 KHC s Cnslidated and Annual Actin Plans KHC s HOME TBRA Plicy Manual KHC s HOME TBRA Applicatin Guidelines KHC s HOME TBRA Grant Agreement HUD Ntices and Updates KHC s HOME TBRA Tlkit KHC s egram Ntices Any ther relevant state and federal laws, plicies, and regulatins nt therwise listed abve. Prgram Purpse The purpse f the HOME Prgram is t expand the supply f quality, affrdable husing fr lwand very lw-incme husehlds. Created by Cngress in 1990, the HOME Investment Partnerships Prgram (HOME) prvides funding t applicants fr varius types f affrdable husing prductin and rehabilitatin and t prvide Tenant-Based Rental Assistance (TBRA) t lw- and very-lw incme husehlds thrughut the Cmmnwealth. Kentucky Husing Crpratin (KHC) administers and mnitrs the prgram fr the U.S. Department f Husing and Urban Develpment (HUD), awarding funding t eligible applicants, including lcal gvernments, husing authrities, private develpers, and nnprfit husing prviders. Applicatin Criteria Eligible Applicants In rder t be eligible t participate in the HOME Prgram, an applicant must be deemed t be in gd standing by the Secretary f State f the Cmmnwealth f Kentucky and in cmpliance with the requirements f 24 CFR and all OMB requirements at 2 CFR 200. Eligible applicants include private develpers, nnprfit rganizatins, Cmmunity Husing Develpment Organizatins (CHDOs), faith-based and cmmunity service rganizatins, and units f lcal gvernment in Kentucky. 4

5 Nte: TBRA is nt a CHDO set-aside eligible activity; hwever, CHDOs are nt precluded frm applying fr TBRA prjects. Applicants that meet the criteria fr TBRA established by HUD may apply fr funding in the cmpetitive TBRA funding prcess. Applicants wh are deemed ineligible as a result f KHC s suspensin and debarment plicy may nt participate in any prject that receives KHC resurces. Refer t the Minimum Threshlds sectin belw fr additinal stipulatins. The city f Owensbr, the merged gvernments f Lexingtn/Fayette and Luisville/Jeffersn cunties and the cnsrtia cnsisting f the cities f Cvingtn, Ludlw, Newprt, Bellevue, and Daytn receive a direct allcatin f HOME funds frm HUD. Prjects within these areas are nt eligible t apply fr KHC s HOME TBRA funds. Public Infrmatin and Open Recrds Act Request Applicants are advised that materials cntained in TBRA applicatins are subject t the requirements f the Kentucky pen recrds laws at KRS and the applicatin materials may be viewed and cpied by any member f the public. Applicants seeking t claim a statutry exemptin t disclsure frm pen recrds requests, which may be made, must place all dcuments viewed as cnfidential in a sealed envelpe marked cnfidential. Applicants must be aware that if an pen recrds request is made fr any f the applicatin materials, KHC will make an independent determinatin f cnfidentiality and may r may nt agree with the applicant s determinatin regarding the cnfidentiality f the materials. Minimum Threshlds In additin t meeting basic eligibility criteria, additinal minimum threshlds may be set by KHC during the TBRA cmpetitive funding rund. Such threshlds will be utlined in specific TBRA funding rund applicatin guidelines. Threshld waivers will be granted n a case-by-case basis at KHC s sle and abslute discretin. Agencies wishing t request a threshld waiver must cmplete the nline Husing Cntract Administratin (HCA) Prject Waiver/Mdificatin Request frm prir t the applicatin submissin deadline fllwing the specific timeframes utlined in the TBRA funding rund applicatin guidelines. Maximum Funding Requests KHC limits the amunt f funds an applicant may request. KHC reserves the right t award lessr r greater amunts than requested. This determinatin may be based n such factrs as the capacity f the applicant r administratr, a prject s readiness t prceed, the number f applicatins received, gegraphic distributin f funds, and any ther factrs that KHC deems apprpriate and necessary. TBRA awards are fr a tw-year perid, unless therwise stated. 5

6 Match and Leverage Requirements There is n match r leverage requirement fr TBRA. State Clearinghuse Review The Kentucky State Clearinghuse review is nt applicable t HOME TBRA. Prgram Requirements and Administratin Administratin Plan All subrecipients must develp written plicies and prcedures (Administratin Plan) describing hw they will administer their HOME TBRA prgram. Administratin Plans must be in accrdance with the plicies included herein, 24 CFR 92, and all ther plicies and regulatins relevant t the administratin f the HOME TBRA prgram. Eligible Csts (Activities) TBRA prgram funds may be used: T prvide rental assistance t help pay the cst f mnthly rent and utility csts fr up t 24 mnths. (Extensin f assistance fr up t an additinal 24 mnths may be allwed. Refer t the Length f TBRA Assistance sectin fr mre infrmatin). T pay security and/r utility depsits. Security depsit assistance may be prvided as lng as the prcedures in (j) are fllwed and regardless f whether the tenant is receiving n-ging tenant-based rental assistance. Fr thse jurisdictins which have adpted the Unifrm Residential Landlrd Tenant Act, security depsit is defined as an escrw payment made t the landlrd under rental agreement fr the purpse f securing the landlrd against financial lss due t damage t the premises ccasined by the tenant s ccupancy ther than rdinary wear and tear. The amunt f a security depsit may nt exceed the equivalent f tw mnth s rent fr the unit. Utility depsit assistance may be prvided nly in cnjunctin with either rental assistance r a security depsit prgram. T cver related sft csts fr a TBRA prject which includes unit inspectins and incme determinatins. TBRA administrative (admin) funds may be used: T pay fr reasnable planning and administrative expenses assciated with perating a TBRA prgram. Administratin f TBRA is eligible nly under general management versight and crdinatin under (a). 6

7 Ineligible Csts (Activities) HOME TBRA funds may nt be used fr the fllwing activities: Applicatin fees fr husing units. Applicant backgrund checks. Telephne and cable depsits. Landlrd vacancy and/r damage claims. Dwn payment and/r clsing csts in cnjunctin with a lease-purchase prgram. T make cmmitments t specific wners fr specific prjects. Tenants must be free t use the assistance in any eligible unit. T assist resident wners f cperative husing that qualifies as hmewnership husing. Cperative and mutual husing may qualify as either rental r wner-ccupied husing, depending n the prvisins f the agreement applying t the unit. T prevent displacement f r prvide relcatin assistance t tenants as a result f activities ther than the HOME Prgram. T prvide TBRA t hmeless persns fr vernight r temprary shelter. Any HOME TBRA subsidy must be sufficient t enable a hmeless persn t rent a transitinal r permanent husing unit that meets Husing Quality Standards (HQS). T prvide assistance fr mre than 24 mnths. The term f rental assistance cntract prviding assistance with HOME funds may nt exceed 24 mnth, but may be renewed, subject t the availability f HOME funds. T duplicate existing rental assistance prgrams that already reduce the tenant s rent payment t 30 percent f incme. Fr example, if the husehld is already receiving assistance under the Sectin 8 Husing Chice Vucher Prgram (Sectin 8), the husehld may nt als receive assistance under a HOME TBRA prgram. T prvide assistance utside f the agency s service area. Incme Eligibility fr TBRA Beneficiaries (Tenants) There are tw key rules regarding the incme eligibility f husehlds under a HOME TBRA prgram initial incme and incme at annual recertificatin: Initial Incme Eligibility: Incme f participating husehlds must be verified befre assistance is prvided. Incme limits are established by husehld size and revised annually by HUD. Fr initial incme eligibility, a husehld qualifies fr TBRA assistance if its annual grss incme des nt exceed 60 percent f Area Median Incme (AMI) indicated n the HOME Incme Limits. Prgrams must ensure that 20 percent f all husehlds served have an incme that des nt exceed 50 percent AMI. Annual Recertificatin Incme Eligibility: The subrecipient must recertify family incme, size and cmpsitin at least annually. Incme limits are established by husehld size and revised annually by HUD. A husehld may still be served with HOME TBRA s lng as its incme des nt exceed 80 percent AMI (HUD s Lw-Incme Limit) after prject entry. If at annual recertificatin a husehld s incme exceeds 80 percent AMI, the husehld is n lnger eligible fr HOME TBRA and assistance can n lnger be prvided. The subrecipient must give reasnable (minimum f 30 days) ntice t the tenant and the wner. 7

8 Calculating Husehld Incme: Husehld incme: Husehld incme under HOME-funded TBRA prgram must be calculated using the definitin f annual incme at 24 CFR Part 5 (Sectin 8). The subrecipient must determine annual incme by reviewing surce dcuments fr at least tw mnths, evidencing annual incme (fr example, wage statement, interest statement, unemplyment cmpensatin) fr the TBRA-assisted husehld. Incme and asset surce dcumentatin fr new TBRA recipients is gd fr a sixmnth perid. If TBRA assistance is nt prvided befre the six mnths has expired, the husehld s incme eligibility must be reviewed again befre assistance may be prvided. Incme eligibility criteria must be met regardless f the type f TBRA prgram perated by the subrecipient (e.g., rental assistance, utility depsits, security depsits, etc.). Tenant Selectin Requirements Subrecipients administering HOME-funded TBRA prgrams must have a written tenant selectin plicy that clearly specifies hw husehlds will be selected fr participatin in its TBRA prgram. There are tw majr cmpnents f tenant selectin incme eligibility (as referenced abve) and preferences established by the subrecipient. Preferences: Subrecipients can use HOME-funded TBRA prgrams t supprt a variety f lcal gals and initiatives, including the establishment f preferences. Residency preference: The subrecipient may pt t establish a residency preference as part f its cmmunity-wide prgram. A residency preference requires TBRA participants t be residents f the subrecipient service area, but must adhere t the fllwing: Subrecipients may establish a residency preference as lng as the applicatin f the preference des nt have the effect f discriminating n the basis f race, clr, religin, sex, natin rigin, disability, familial status, age, sexual rientatin, gender identity, r marital status. The subrecipient s definitin f resident must include persns wh currently reside in the service area, and thse wh are currently wrking r have a verified jb ffer in the service area Subrecipients may nt establish a requirement fr minimum length f residency. Preferences fr targeted ppulatins: Subrecipients are permitted t design lcal selectin criteria that meet the husing needs f specific ppulatins. Preferences fr persns with disabilities: Subrecipients may establish a preference fr individuals with mental r physical disabilities. Generally, TBRA and related services may be made available t all persns with disabilities that can benefit frm such services. Subrecipients may als prvide a preference fr a specific categry f individuals with disabilities (e.g., persns with AIDS r severe mental illness) if the specific categry is identified in the Cnslidated Plan as having unmet needs and the preference is needed t narrw the gap in benefits and services available t such persns. In additin, the prvisin f assistance must be 8

9 necessary t prvide husing, aid, benefit, r services that are as effective as thse prvided t thers. Preferences fr persns with ther special needs: Subrecipients may establish a preference fr individuals with special needs (senirs, hmeless persns, etc.). TBRA may be prvided exclusively t persns with a particular type f special need, if the specific categry f need is identified in the Cnslidated Plan as having unmet need and the preference is necessary t bridge the gap in benefits and services received by such persns. As with the general TBRA prgram, apprpriate nn-mandatry scial services may be prvided in cnjunctin with the TBRA. Selectin fr TBRA assistance may be cnditined n successful participatin in a self-sufficiency prgram. The family s failure t cntinue participatin in the self-sufficiency prgram is nt a basis fr terminating the assistance; hwever, renewal f the assistance may be cnditined n participatin in the prgram. Tenants n Sectin 8 waiting list: HOME TBRA Prgram Participants d nt jepardize their psitin n the lcal Sectin 8 waiting list while receiving HOME TBRA assistance. If Sectin 8 assistance becmes available, recipients f TBRA will qualify fr tenant selectin preferences t the same extent as when they received HOME TBRA under this subsectin. Eligibility may NOT be cntingent upn participatin in medical- r disability-related services, and cannt be administered in a manner that limits pprtunities fr persns with disabilities. Eligible TBRA Units and Rent Reasnableness The HOME TBRA prgram ffers husehlds great flexibility in selecting a husing unit. Husehlds must be free t select the unit f their chice. Public r private: Units under the TBRA prgram may be publicly- r privately- wned. Publiclywned units include public husing, Sectin 811, Sectin 202, HOPE 6, Cntinuum f Care, and HOPWA. Cmbining rental assistance with anther rental assistance prgram: HOME TBRA rental assistance cannt be prvided t a prgram participant wh is receiving tenant-based rental assistance (e.g. Sectin 8 r Cntinuum f Care rental assistance) r living in a husing unit receiving prject-based rental assistance r perating assistance thrugh ther public surces. Cmbining security and utility depsit assistance with anther security r utility depsit prgram: HOME TBRA security and utility depsit assistance cannt be prvided t a prgram participant wh is receiving security depsit r utility depsit assistance thrugh ther public surces. Rents must be reasnable: Subrecipients must disapprve a lease if the subrecipient determines the rent is nt reasnable, based n rents that are charged fr cmparable unassisted rental units. HOME-funded units are OK: Husehlds may select units develped r rehabilitated with HOME assistance. Hwever, the subrecipient may nt require the husehld t select a HOME unit as a cnditin f receiving TBRA. Husehlds must be permitted t mve ut at the end f the HOME lease term, taking their TBRA assistance with them. 9

10 Prtability is an ptin: Subrecipients may allw eligible TBRA participants t use their TBRA assistance in units within their service area. KHC des nt allw TBRA assistance t be used utside f the subrecipient s service area. Prperty and Occupancy Standards The Sectin 8 Husing Quality Standards (HQS) must be used fr HOME TBRA activities. Inspectin t verify cmpliance with HQS and ccupancy standards are made bth at initial mve-in and annually during the term f the TBRA assistance. If security depsit assistance alne is prvided, an inspectin is required nly at the time the PJ prvides the security depsit assistance. Occupancy Standards The subrecipient must develp lcal ccupancy standards that specify the number f bedrms needed by husehlds f varius sizes and cmpsitin. Eligible unit size: The ccupancy standards are used t prvide cnsistent criteria fr determining the unit size fr which the husehld is eligible. When the husehld is selected fr the HOME TBRA prgram, the subrecipient shuld cunsel the husehld abut the unit size fr which the husehld is eligible. If the husehld will be permitted t select a unit that is larger r smaller than the eligible unit size, the subrecipient shuld explain the impact f this chice n the tenant s payment. The subrecipient may refer the husehld t apprpriate units, but may nt require the husehld t select the referral unit. Subrecipient must ensure that the prperty cmplies with standards and requirements fr as lng as the unit is ccupied by a TBRA recipient. The subrecipient must cnduct an annual inspectin t ensure that the unit still meets HQS. The subrecipient must als ensure that the unit is the apprpriate size fr the husehld in rder t meet the ccupancy standard. Lease Requirements TBRA may be prvided thrugh an assistance cntract with an wner that leases a unit t an assisted husehld r directly t the husehld. In either case, KHC requires subrecipient t apprve the lease between the husehld and the wner. The tenant s lease must cmply with the requirements in (a) and (b). Written lease: The lease between the wner and the TBRA recipient must be in writing and signed by bth parties. A written lease is required regardless f what the state cnsiders as a legal lease. The subrecipient must review the lease. 10

11 Term: The term f the lease between the tenant and the wner must be at least ne year, unless bth agree therwise. What the lease may nt say: The lease may nt cntain the fllwing prvisins: Agreement by the tenant t be sued r t admit guilt, r a judgment in favr f the wner in a law suit brught in cnnectin with the lease; Agreement by the tenant that the wner may take, hld, r sell the persnal prperty f husehld members withut ntice t the tenant and a curt decisin n the rights f the parties (this des nt apply t persnal prperty left by the tenant after mve-ut); Agreement by the tenant nt t hld the wner r its agents legally respnsible fr any actin r failure t act, whether intentinal r negligent; Agreement by the tenant that the wner may institute a lawsuit withut ntice t the tenant; Agreement that the wner may evict the tenant (r ther husehld members) withut a civil curt prceeding where the tenant has the right t present a defense, r befre a curt decisin n the rights f the tenant and the wner; Agreement by the tenant t waive a trial by jury; Agreement by the tenant t waive the tenant s right t appeal r therwise challenge a curt decisin; Agreement by the tenant t pay attrney fees r ther legal csts, even if the tenant wins in curt; r Agreement by the tenant t participate in any specific supprtive services as a term r cnditin f the lease. Services may nt be mandatry. Terminatin: The subrecipient must establish standards it will use t apprve r reject a lease relating t when a landlrd may elect t terminate r refuse t renew the lease f a TBRA husehld. These standards must be in writing. They must als be included within the lease and/r in the cntract between the subrecipient and the tenant. Rent increases: The subrecipient must review and apprve rent increases by the landlrd renting t tenants participating in the TBRA prgram. Owners may adjust rents as leases are renewed (generally annually). The subrecipient must disapprve a lease if the rent is nt reasnable. Calculating the Rental Subsidy KHC has elected t utilize the Sectin 8 Husing Chice Vucher methd (24 CFR Part 982) t calculate subsidy amunts. Subrecipients must utilize the KHC HOME TBRA Subsidy Wrksheet lcated n the HCA Help Desk at Maximum TBRA payment (subsidy): The maximum amunt that the HOME TBRA prgram may pay t assist any given husehld is the difference between 30 percent f the husehld s adjusted mnthly incme using the requirements in 24 CFR Part and the rent limit established by the subrecipient, knwn as the payment (rent) standard. This gap is then the cnstant amunt f the mnthly TBRA assistance. The husehld is free t select an actual unit 11

12 that csts mre r less than the subrecipient s payment (rent) standard. NOTE: KHC typically refers t the rent limit as the payment standard. Hwever, the term payment standard means the same thing as the term rent standard, which is used in 24 CFR Part 92. Regardless f whether the unit cst f the actual unit selected is mre r less than the payment (rent) standard, the mnthly TBRA t the husehld remains fixed at the gap between what the husehld can affrd and the subrecipient s payment (rent) standard. Unit csting mre: If the husehld selects a unit csting mre than the payment (rent) standard, the husehld s mnthly payment will exceed 30 percent f its mnthly adjusted incme. Shuld a husehld elect a unit that exceeds the subrecipient s payment (rent) standard, the subrecipient shuld btain dcumentatin signed by the husehld that it understands the unit is cnsidered unaffrdable t their incme level. Unit csting less: If the husehld selects a unit csting less than the payment (rent) standard, the husehld s mnthly payment will be less than 30 percent f its mnthly adjusted incme. Minimum Tenant Payment The HOME Prgram rules require the subrecipient t establish a minimum tenant payment. Minimum tenant payment: The subrecipient may use its discretin in setting this minimum payment level. The minimum payment may be established at a dllar figure (such as $50) r at a percentage f incme (such as 10 percent f mnthly incme). KHC allws the minimum tenant payment t be as lw as $0. Selecting a Payment (Rent) Standard In establishing a payment (rent) standard, subrecipients may either use the current HUD Fair Market Rent (FMR) (updated and published annually by HUD) r they may set the standard at 110% f the FMR 1. Whichever methd is selected, it must be clearly stated in the agency s HOME TBRA Administratin Plan and must be applied cnsistently with all assisted husehlds. Length f TBRA Assistance HOME TBRA rental assistance cntracts with individual husehlds may nt exceed 24 mnths. Hwever, cntracts can be renewed fr up t an additinal 24 mnths and every 24 mnths thereafter, subject t availability f HOME funds. In circumstances where the payment is made directly t the landlrd, the 24 mnth perid begins n the first day f the lease and ends upn terminatin f the lease. In circumstances where the payment is made directly t the tenant, the TBRA payment ends when a lease is terminated. Hwever, payments can begin again nce the husehld enters int a new lease. 1 Subrecipients serving Daviess Cunty may select the FMR r 90% f the FMR. 12

13 Rental assistance cntracts may be shrter than tw years. Fr example, if TBRA is used in cnjunctin with a self-sufficiency prgram, a subrecipient may want t have a shrter cntract term, such as 18 mnths. Depsit Assistance HOME regulatins allw the security depsit payment t be made t the tenant r the wner and the utility depsit payment t be made t the tenant r the apprpriate utility cmpany. KHC recmmends that depsit payments be made directly t an wner r utility cmpany. The amunt f security depsit paid shuld be based upn lcal market practice. Hwever, the maximum amunt f HOME funds that may be prvided fr a security depsit is the equivalent f tw mnths rent fr the unit. Only the prspective tenant, nt the wner r landlrd, may apply fr HOME security depsit assistance. Utility depsits may be made nly in cnjunctin with the prvisin f rental assistance r security depsit prgrams, and cannt be perated separately as a stand alne prgram. Utility depsits may be paid fr any f the tenant-paid utility services included n the utility allwance chart prvided by the lcal public husing authrity. Telephne and cable depsits are ineligible. Nte: Funds fr assistance fr security depsits r utilities must be in the frm f a grant t, r n behalf f, the tenant. Structure and Repayment f KHC Subsidy There is n repayment f HOME assistance fr HOME TBRA activities by the individual husehlds t the spnsring agency. All HOME TBRA t individual husehlds will be in the frm f a grant. In the event f nn-cmpliance by a spnsring agency, repayment f HOME TBRA funds t KHC will be required. Recapture f Funds KHC reserves the right t: Withdraw its cnditinal funding cmmitment if items are nt submitted by the applicant by the date referenced in the cmmitment letter. Recapture funds if funds are nt cmmitted and/r expended by the dates referenced in the funding agreement, r if the prject substantially changes after the funding cmmitment. Peridically review the applicant s prgress tward timely cmmitment and expenditure f the HOME allcatin. If KHC determines that the prject is n lnger feasible r is nt prgressing timely s that the impsed deadlines will be met, funds may be recaptured. KHC will recapture funds fr any subrecipient wh becmes suspended r debarred in accrdance with the KHC Suspensin and Debarment Plicy. 13

14 Other examples f situatins that cnstitute recapture are included in the funding agreement. Subrecipients are advised t read thse requirements carefully t avid recapture f HOME funds. Prject Cmpletin If the prject des nt meet the cmmitment and/r expenditure deadlines as nted in the HOME TBRA grant agreement, any uncmmitted r unexpended HOME prject funds are subject t recapture. Recrdkeeping Recrdkeeping and Recrd Retentin requirements must be in cmpliance with 24 CFR Fr TBRA prjects, recrds must be retained fr five years after the perid f rental assistance ends r frm the time the prject is clsed, whichever is lnger. Dcumentatin f these requirements must be available fr review by KHC s cmpliance mnitring staff r prgram staff. Subrecipients are respnsible fr ensuring that all recrds are maintained fr the apprpriate perid f time fr all HOME TBRA prjects. Additinal Prgram Administratin Additinal requirements include but are nt limited t: Each applicant must develp and utilize a standard prgram applicatin frm. Each husehld must cmplete the standard applicatin frm. If necessary, the agency will prvide assistance in preparing the frm; especially t the elderly, handicapped, nn-english speaking persns, and persns wh are unable t read and/r write. A Unifrm Residential Lan Applicatin is nt cnsidered a prgram applicatin and cannt be used as such under this prgram. All husehlds deemed ineligible fr assistance must be ntified in writing f such determinatin and the reasns fr such determinatin. The husehld shuld als be ntified f ther ptential resurces. Applicants shuld dcument their effrts t ensure clients are cmplying with the requirements. Applicants must disclse all real, ptential, r perceived cnflicts f interest t KHC as utlined in 2 CFR Part 200, as applicable, regarding the receipt f, assistance prvided with, r expenditure f KHC funds. All cnflicts f interest must be disclsed and reslved prir t prviding HOME TBRA assistance t the husehld. Fr additinal guidance n Cnflict f Interest requirements, refer t the Cmpliance sectin f the HCA Help Desk at HOME applicants must cmply with the requirements f the Unifrm Relcatin Act. 14

15 All funded prjects have access t technical assistance thrugh the Husing Cntract Administratin (HCA) Help Desk n an as-needed basis. The HCA Help Desk can be fund n KHC s website and this link: The subrecipient is respnsible fr adhering t Vilence Against Wmen Reauthrizatin Act f 2013: Implementatin in HUD Husing Prgrams. Additinal infrmatin can be fund at 24 CFR thru Draw Requests All draw requests must be submitted thrugh the Prgram Funding Draw Management System (PFDMS): t set-up yur accunt, visit the Prgram Funding Draw Management System and fllw these steps: 1. Register/Create an accunt. 2. Request access t yur prject(s). 3. After prject access is apprved, create and submit the draw request. It is recmmended that yu use Internet Explrer 10 r abve, r the latest versin f Firefx r Chrme when cmpleting yur registratin. Draw requests and prject set-up reprts are t be submitted mnthly. The final draw request must als include required clseut dcumentatin. If yu have any questins, r need assistance registering, please review the FAQ sectin f the PFDMS r cntact a Financial Management Specialist in the Husing Cntract Administratin Department. Cmpliance Mnitring KHC is respnsible fr cnducting mnitring reviews fr all prjects. KHC will utilize a risk assessment tl t determine the relative risk amng funded entities and prjects. Subrecipients will receive nsite, desk, r remte mnitring reviews based n the risk assessment. All agencies will be required t cmplete the Annual Prject Cmpliance Reprt (APCR). Each subrecipient f HOME funds is required t make available, in a timely manner, all dcumentatin required by KHC s Quality Assurance Staff. Resurces HOME Final Rule 24 CFR Part 92 HUD Exchange HOME Tenant-Based Rental Assistance Guidance 2 CFR Part 200 Unifrm Administrative Requirements HCA Help Desk 15

16 KHC HOME Investment Partnerships Prgram Tenant-Based Rental Assistance Tl Kit Lcated n the HCA Help Desk at Technical Guide fr Determining Incme and Allwances fr the HOME Prgram This guide bk prvides infrmatin n calculating incme f prgram participants. It reviews general requirements fr determining and calculating incme in rder t determine prgram eligibility, prvides an verview f the three allwable definitins f incme, and reviews hw t determine incme using each f the three definitins. Sectin 8 Methd f Incme Calculatin f Annual Incme 24 CFR Part Sectin 8 Methd f Incme Calculatin f Adjusted Incme 24 CFR Part HOME Incme Limits HUD Fair Market Rents Husing Quality Standards (HQS) Vilence Against Wmen Act (VAWA) Requirements fr HUD Prgrams 16