RESOLUTION 16-023 RE HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN REVISION.PDF

HOUSING CHOICE VOUCHER PROGRAM
ADMINISTRATIVE PLAN
Effective November 2, 2016

TABLE OF CONTENTS
STATEMENT OF POLICIES ........................................................ 7
1.1 GENERAL ............................................................................................................................................................ 7
1.2 PUBLIC HOUSING AUTHORITY ................................................................................................................................. 7
1.3 JURISDICTION ...................................................................................................................................................... 7
1.4 HAMC MISSION STATEMENT ................................................................................................................................. 7
1.5 HCV PROGRAM GOALS ......................................................................................................................................... 8
1.6 PURPOSE OF THE PLAN .......................................................................................................................................... 8
1.7 NONDISCRIMINATION ............................................................................................................................................ 9
1.8 ADDRESSING BARRIERS TO EQUAL HOUSING OPPORTUNITIES ...................................................................................... 10
1.9 REASONABLE ACCOMMODATIONS ......................................................................................................................... 10
1.10 HEARING OR VISION IMPAIRMENTS ................................................................................................................... 11
1.11 PHYSICAL ACCESSIBILITY .................................................................................................................................. 12
1.12 IMPROVING ACCESS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY .................................................................. 12
1.13 PRIVACY RIGHTS ............................................................................................................................................ 12
1.14 VIOLENCE AGAINST WOMEN ACT (VAWA) ...................................................................................................... 13
ELIGIBILITY FOR ADMISSION ................................................. 15
2.1 GENERAL .......................................................................................................................................................... 15
2.2 ELIGIBILITY FACTORS ........................................................................................................................................... 15
2.3 PLACEMENT ON WAITING LIST .............................................................................................................................. 15
2.4 FAMILY COMPOSITION ........................................................................................................................................ 15
2.5 CHILDREN IN FOSTER CARE ................................................................................................................................... 16
2.6 HEAD OF HOUSEHOLD ......................................................................................................................................... 16
2.7 CO-HEAD ......................................................................................................................................................... 16
2.8 LIVE-IN ATTENDANTS .......................................................................................................................................... 16
2.9 FOSTER CHILDREN AND FOSTER ADULTS ................................................................................................................. 17
2.10 ABSENT FAMILY MEMBERS .............................................................................................................................. 17
2.11 GUESTS ....................................................................................................................................................... 18
2.12 SPLIT HOUSEHOLDS PRIOR TO VOUCHER ISSUANCE .............................................................................................. 18
2.13 MULTI-GENERATIONAL FAMILIES ...................................................................................................................... 18
2.14 JOINT CUSTODY OF CHILDREN .......................................................................................................................... 18
2.15 INCOME LIMITATIONS ..................................................................................................................................... 18
2.16 MANDATORY SOCIAL SECURITY NUMBERS .......................................................................................................... 19
2.17 CITIZENSHIP/ELIGIBLE IMMIGRATION STATUS ...................................................................................................... 19
2.18 INDEPENDENT STUDENTS ................................................................................................................................ 20
2.19 OTHER CRITERIA FOR ADMISSIONS .................................................................................................................... 20
2.20 TENANT SCREENING ....................................................................................................................................... 21
2.21 CHANGES IN ELIGIBILITY PRIOR TO EFFECTIVE DATE OF THE CONTRACT .................................................................... 21
2.22 INELIGIBLE FAMILIES ....................................................................................................................................... 21
APPLYING FOR ADMISSION .................................................... 22
3.1 GENERAL .......................................................................................................................................................... 22
3.2 OPENING AND CLOSING THE WAITING LIST .............................................................................................................. 22
3.3 APPLICANT OUTREACH ........................................................................................................................................ 22
3.4 LOCAL PREFERENCES ........................................................................................................................................... 23
3.5 APPLICATION PROCESS ........................................................................................................................................ 23
3.6 REPORTING CHANGES AND UPDATING THE WAITING LIST .......................................................................................... 24
3.7 SELECTION FROM THE WAITING LIST ...................................................................................................................... 24
1 HAMC HCV Administrative Plan

3.8 RELEASE OF INFORMATION AND VERIFICATION ......................................................................................................... 25
3.9 COMPLETING THE APPLICATION PROCESS ................................................................................................................ 25
3.10 SPECIAL ADMISSIONS ..................................................................................................................................... 25
3.11 TARGETED FUNDING ...................................................................................................................................... 26
3.12 INCOME TARGETING ....................................................................................................................................... 26
VOUCHER ISSUANCE AND SUBSIDY STANDARDS ............. 27
4.1 GENERAL .......................................................................................................................................................... 27
4.2 BRIEFING .......................................................................................................................................................... 27
4.3 DETERMINING VOUCHER SIZE ............................................................................................................................... 28
4.4 EXCEPTIONS TO SUBSIDY STANDARDS ..................................................................................................................... 29
4.5 CHANGES IN VOUCHER SIZE .................................................................................................................................. 29
4.6 RESCINDING VOUCHERS ....................................................................................................................................... 29
4.7 VOUCHER TERM ................................................................................................................................................. 30
4.8 UNIT SIZE SELECTED ............................................................................................................................................ 30
INCOME AND SUBSIDY DETERMINATIONS ........................... 32
5.1 GENERAL .......................................................................................................................................................... 32
5.2 INCOME AND ALLOWANCES .................................................................................................................................. 32
5.3 DISALLOWANCE OF EARNED INCOME FROM RENT FOR PERSONS WITH DISABILITIES ......................................................... 33
5.4 MINIMUM RENT ................................................................................................................................................ 35
5.5 DEFINITION OF TEMPORARILY/PERMANENTLY ABSENT .............................................................................................. 35
5.6 VISITORS........................................................................................................................................................... 37
5.7 REPORTING CHANGES IN FAMILY COMPOSITION ....................................................................................................... 38
5.8 CALCULATING ANNUAL INCOME ............................................................................................................................ 38
5.9 MINIMUM INCOME ............................................................................................................................................ 39
5.10 INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME ........................................................................ 39
5.11 REGULAR CONTRIBUTIONS AND GIFTS ............................................................................................................... 39
5.12 ALIMONY AND CHILD SUPPORT ........................................................................................................................ 39
5.13 LUMP-SUM RECEIPTS ..................................................................................................................................... 39
5.14 CONTRIBUTIONS TO RETIREMENT FUNDS ............................................................................................................ 40
5.15 ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE ................................................................................... 40
5.16 CHILD CARE EXPENSES .................................................................................................................................... 41
5.17 MEDICAL EXPENSES ....................................................................................................................................... 41
5.18 PRO-RATION OF ASSISTANCE FOR "MIXED" FAMILIES ........................................................................................... 41
5.19 INCOME CHANGES RESULTING FROM WELFARE PROGRAM REQUIREMENTS .............................................................. 42
5.20 UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT PAYMENTS ............................................................................. 43
VERIFICATION PROCEDURES ................................................ 44
6.1 GENERAL .......................................................................................................................................................... 44
6.2 SOCIAL SECURITY NUMBER DOCUMENTATION: ........................................................................................................ 44
6.3 THE ENTERPRISE INCOME VERIFICATION (EIV) SYSTEM .............................................................................................. 45
6.4 VERIFICATION OF SOCIAL SECURITY INCOME ............................................................................................................ 46
6.5 THE VERIFICATION HIERARCHY .............................................................................................................................. 46
6.6 RELEASE OF INFORMATION ................................................................................................................................... 47
6.7 INCOME DISCREPANCY REPORTS............................................................................................................................ 47
6.8 ITEMS TO BE VERIFIED ......................................................................................................................................... 47
6.9 VERIFICATION OF NON-EIV SOURCES ..................................................................................................................... 48
6.10 FAMILIAL RELATIONSHIPS ................................................................................................................................ 50
6.11 VERIFICATION OF PERMANENT ABSENCE OF FAMILY MEMBER ................................................................................ 51
6.12 VERIFICATION OF DISABILITY ............................................................................................................................ 51
2 HAMC HCV Administrative Plan

VOUCHER ISSUANCE AND BRIEFINGS ................................. 52
7.1 GENERAL .......................................................................................................................................................... 52
7.2 ISSUANCE OF VOUCHERS ...................................................................................................................................... 52
7.3 BRIEFING TYPES AND REQUIRED ATTENDANCE ......................................................................................................... 52
7.4 HOUSING OPPORTUNITY AND MOBILITY ................................................................................................................. 54
7.5 SECURITY DEPOSIT REQUIREMENTS ........................................................................................................................ 54
7.6 TERM OF VOUCHER ............................................................................................................................................ 54
7.7 VOUCHER ISSUANCE DETERMINATION FOR SPLIT HOUSEHOLDS ................................................................................... 55
7.8 TRANSFER AND RETENTION OF VOUCHER ................................................................................................................ 55
APPROVAL OF TENANCY AND CONTRACT EXECUTION .... 56
8.1 GENERAL .......................................................................................................................................................... 56
8.2 REQUEST FOR APPROVAL OF TENANCY ................................................................................................................... 56
8.3 ELIGIBLE TYPES OF HOUSING ................................................................................................................................ 57
8.4 LEASE REVIEW ................................................................................................................................................... 57
8.5 ACTIONS BEFORE LEASE TERM .............................................................................................................................. 57
8.6 SEPARATE AGREEMENTS ...................................................................................................................................... 58
8.7 INFORMATION TO OWNERS .................................................................................................................................. 58
8.8 CONTRACT EXECUTION PROCESS ........................................................................................................................... 58
HOUSING QUALITY STANDARDS AND INSPECTIONS ......... 60
9.1 GENERAL .......................................................................................................................................................... 60
9.2 GUIDELINES/TYPES OF INSPECTIONS ....................................................................................................................... 60
9.3 TIMING OF HQS INSPECTIONS .............................................................................................................................. 61
9.4 TIME STANDARDS FOR REPAIRS ............................................................................................................................. 62
9.5 MODIFICATIONS TO HQS ..................................................................................................................................... 62
9.6 EMERGENCY REPAIR ITEMS .................................................................................................................................. 62
9.7 ABATEMENT AND CONTRACT TERMINATION ............................................................................................................ 63
9.8 DETERMINATION OF RESPONSIBILITY FOR REPAIRS .................................................................................................... 63
9.9 CONSEQUENCES IF FAMILY IS RESPONSIBLE ............................................................................................................. 64
RENT AND PAYMENT STANDARDS ....................................... 65
10.1 GENERAL ..................................................................................................................................................... 65
10.2 INITIAL RENT TO OWNER ................................................................................................................................. 65
10.3 MAKING PAYMENTS TO OWNERS ..................................................................................................................... 65
10.4 RENT REASONABLENESS DETERMINATIONS ......................................................................................................... 66
10.5 PAYMENT STANDARDS FOR THE VOUCHER PROGRAM ........................................................................................... 66
10.6 INCREASES IN OWNER RENT............................................................................................................................. 67
RECERTIFICATIONS ................................................................. 68
11.1 GENERAL ..................................................................................................................................................... 68
11.2 ANNUAL RECERTIFICATION .............................................................................................................................. 68
11.3 TIMING OF RENT CHANGES .............................................................................................................................. 68
11.4 INTERIM RECERTIFICATIONS ............................................................................................................................. 69
11.5 INCOME CHANGES RESULTING FROM WELFARE PROGRAM REQUIREMENTS .............................................................. 70
PROGRAM MOVES AND PORTABILITY .................................. 71
12.1 GENERAL ..................................................................................................................................................... 71
12.2 PERMISSIBLE MOVES ...................................................................................................................................... 71
12.3 PORTABILITY ................................................................................................................................................. 71
12.4 BILLING PROCEDURES ..................................................................................................................................... 72
3 HAMC HCV Administrative Plan

CONTRACT TERMINATIONS .................................................... 74
13.1 GENERAL ..................................................................................................................................................... 74
13.2 CONTRACT TERMINATION ............................................................................................................................... 74
13.3 TERMINATION OF TENANCY BY THE OWNER ........................................................................................................ 74
13.4 TERMINATION OF THE CONTRACT BY HAMC ...................................................................................................... 75
DENIAL OR TERMINATION OF ASSISTANCE ........................ 76
14.1 GENERAL ..................................................................................................................................................... 76
14.2 DENIAL/TERMINATION ................................................................................................................................... 76
14.3 MANDATORY DENIAL AND TERMINATION ........................................................................................................... 76
14.4 GROUNDS FOR DENIAL OR TERMINATION OF ASSISTANCE ...................................................................................... 77
14.5 FAMILY OBLIGATIONS ..................................................................................................................................... 78
14.6 NOTICE OF TERMINATION OF ASSISTANCE .......................................................................................................... 78
14.7 REQUIRED EVIDENCE ...................................................................................................................................... 79
14.8 CONFIDENTIALITY OF CRIMINAL RECORDS ........................................................................................................... 79
14.9 HOUSING AUTHORITY DISCRETION .................................................................................................................... 79
14.10 LEASE VIOLATIONS ......................................................................................................................................... 80
14.11 NOTIFICATION OF EVICTION ............................................................................................................................. 80
14.12 PROPOSED ADDITIONS TO THE FAMILY ............................................................................................................... 80
14.13 LIMITATION ON PROFIT-MAKING ACTIVITY IN UNIT............................................................................................... 80
14.14 MISSED APPOINTMENTS AND DEADLINES ........................................................................................................... 81
OWNER PROHIBITIONS AND RESTRICTIONS ....................... 82
15.1 GENERAL ..................................................................................................................................................... 82
15.2 DISAPPROVAL OF OWNER................................................................................................................................ 82
15.3 RESTRICTION OF IMMEDIATE FAMILY MEMBERS .................................................................................................. 83
15.4 OWNER RESTRICTIONS AND PENALTIES .............................................................................................................. 83
15.5 PROOF OF OWNERSHIP AND OTHER DOCUMENTATION ......................................................................................... 83
OWNER OR FAMILY DEBTS .................................................... 85
16.1 GENERAL ..................................................................................................................................................... 85
16.2 PROGRAM FRAUD .......................................................................................................................................... 85
16.3 OWNER DEBTS TO THE PHA ............................................................................................................................ 85
16.4 WRITING-OFF DEBTS ...................................................................................................................................... 86
COMPLAINTS AND APPEALS .................................................. 87
17.1 GENERAL ..................................................................................................................................................... 87
17.2 GENERAL COMPLAINTS ................................................................................................................................... 87
17.3 INFORMAL REVIEW FOR APPLICANTS ................................................................................................................. 87
17.4 PROCEDURE FOR REVIEW ................................................................................................................................ 88
17.5 INFORMAL HEARINGS FOR PARTICIPANTS ........................................................................................................... 88
17.6 . SELECTION OF HEARING OFFICER .................................................................................................................. 89
17.7 NOTIFICATION OF HEARING ............................................................................................................................. 89
17.8 HEARING PROCEDURES ................................................................................................................................... 90
17.9 PROVISIONS FOR "RESTRICTIONS ON ASSISTANCE TO NON-CITIZENS" ...................................................................... 91
17.10INS DETERMINATION OF INELIGIBILITY .................................................................................................................... 92
17.11MITIGATING CIRCUMSTANCES FOR INDIVIDUALS WITH DISABILITIES .............................................................................. 92
SPECIAL HOUSING TYPES ...................................................... 93
18.1 GENERAL ..................................................................................................................................................... 93
18.2 MANUFACTURED HOMES ................................................................................................................................ 93
18.3 MANUFACTURED HOME SPACE RENTAL ............................................................................................................. 93
4 HAMC HCV Administrative Plan

PROGRAM INTEGRITY ............................................................. 95
19.1 GENERAL ..................................................................................................................................................... 95
19.2 CRITERIA FOR INVESTIGATION OF SUSPECTED ABUSE AND FRAUD ............................................................................ 95
19.3 STEPS TO PREVENT PROGRAM ABUSE AND FRAUD ............................................................................................... 96
19.4 HANDLING OF ALLEGATIONS OF POSSIBLE ABUSE AND FRAUD ................................................................................ 97
19.5 INVESTIGATION OF ALLEGATIONS OF ABUSE AND FRAUD ....................................................................................... 97
19.6 ACTION FOR DOCUMENTED VIOLATIONS ............................................................................................................ 98
SECTION 8 MANAGEMENT ASSESSMENT PROGRAM ........ 99
20.1 GENERAL ..................................................................................................................................................... 99
20.2 PERFORMANCE INDICATORS ............................................................................................................................. 99
20.3 CERTIFICATION PERIOD ................................................................................................................................... 99
20.4 THE SEMAP CERTIFICATION PROCESS ............................................................................................................. 100
20.5 FAMILY FILES AND CCS COMPUTER RECORDS ................................................................................................... 100
20.6 PIC DATA .................................................................................................................................................. 100
20.7 SUMMARY BY INDICATOR .............................................................................................................................. 101
20.8 CORRECTIVE ACTION .................................................................................................................................... 106
PROJECT BASED VOUCHER PROGRAM ............................. 107
21.1 GENERAL ................................................................................................................................................... 107
21.2 PROJECT BASED VOUCHER ASSISTANCE ............................................................................................................ 107
21.3 UNIFORM RELOCATION ACT .......................................................................................................................... 107
21.4 EQUAL OPPORTUNITY REQUIREMENTS ............................................................................................................. 107
21.5 SPECIAL HOUSING TYPES ............................................................................................................................... 108
21.6 SELECTION OF PBV PROPOSALS ...................................................................................................................... 108
21.7 PROHIBITION OF EXCESS PUBLIC ASSISTANCE .................................................................................................... 110
21.8 LIMITATION OF PBV UNITS ........................................................................................................................... 110
21.9 SITE SELECTION STANDARDS .......................................................................................................................... 111
21.10 ENVIRONMENTAL REVIEW ............................................................................................................................. 112
21.11 PROPERTY SELECTION CRITERIA ...................................................................................................................... 112
21.12 ESTABLISHMENT OF INITIAL RENTS .................................................................................................................. 113
21.13 REHABILITATION WORK AND NEW CONSTRUCTION REQUIREMENTS ...................................................................... 114
21.14 HOUSING ASSISTANCE PAYMENTS CONTRACT ................................................................................................... 114
21.15 TENANT SELECTION ...................................................................................................................................... 115
21.16 ONGOING ACTIVITIES ................................................................................................................................... 118
21.17 OTHER POLICIES .......................................................................................................................................... 118
BRIDGE SUBSIDY PROGRAM ............................................... 119
22.1 GENERAL ........................................................................................................................................................ 119
22.2 BRIDGE SUBSIDY PROGRAM ASSISTANCE ............................................................................................................... 119
22.3 SUBSIDY ADMINISTRATOR RESPONSIBILITIES .......................................................................................................... 120
22.4 EQUAL OPPORTUNITY REQUIREMENTS .................................................................................................................. 120
22.5 SPECIAL HOUSING AND INELIGIBLE HOUSING TYPES ................................................................................................. 120
22.6 PROHIBITION OF ASSISTANCE FOR SUBSIDIZED UNITS ............................................................................................... 120
22.7 TENANT SELECTION ........................................................................................................................................... 121
22.8 WAITING LIST .................................................................................................................................................. 121
22.9 PREFERENCES ................................................................................................................................................... 121
22.10 CONVERSION TO TENANT BASED ASSISTANCE .................................................................................................... 121
22.11 HAMC RESPONSIBILITIES .............................................................................................................................. 121
22.12 THE RBHA RESPONSIBILITY ........................................................................................................................... 122
22.13 OTHER POLICIES .......................................................................................................................................... 122
5 HAMC HCV Administrative Plan

RAD PROGRAM ....................................................................... 123
23.1 OVERVIEW AND HISTORY OF THE RAD PROGRAM ........................................................................................ 123
23.2 RAD ADMINISTRATIVE PLAN POLICIES ........................................................................................................... 123
23.3 APPLICABLE REGULATIONS ........................................................................................................................... 124
23.4 EQUAL OPPORTUNITY REQUIREMENTS ........................................................................................................ 124
23.5 PBV PROJECT SELECTION ............................................................................................................................... 124
23.6 SUBSIDY LAYERING REQUIREMENTS ............................................................................................................. 126
23.7 OWNER PROPOSAL SELECTION PROCEDURES ............................................................................................... 126
23.8 SITE SELECTION STANDARDS ......................................................................................................................... 126
23.9 ENVIRONMENTAL REVIEW ............................................................................................................................ 127
PART II - RAD PBV OWNERSHIP AND CONTRACT TERMS ....................................................................................... 127
23.10 LEGAL OWNERSHIP OF UNIT........................................................................................................................ 127
23.11 HAP CONTRACT REQUIREMENTS ................................................................................................................ 127
23.12 MANDATORY CONTRACT RENEWAL............................................................................................................ 128
23.13 INITIAL CONTRACT RENTS ........................................................................................................................... 128
23.14 ADJUSTING CONTRACT RENTS .................................................................................................................... 129
23.15 AMENDMENTS TO THE HAP CONTRACT ...................................................................................................... 130
23.16 HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES .................................................................. 131
23.17 UTILITY ALLOWANCES ................................................................................................................................. 131
23.18 HOUSING ASSISTANCE PAYMENTS .............................................................................................................. 132
PART III - RESIDENTS RIGHTS AND PARTICIPANTS ................................................................................................. 132
23.19 PROHIBITED RE-SCREENING OF EXISTING TENANTS UPON CONVERSION ................................................... 132
23.20 RELOCATION REQUIREMENTS ..................................................................................................................... 133
23.21 RESIDENT RIGHT TO RETURN....................................................................................................................... 133
23.22 RENEWAL OF LEASE ..................................................................................................................................... 134
23.23 SECURITY DEPOSIT ...................................................................................................................................... 134
23.24 REEXAMINATIONS ....................................................................................................................................... 134
23.25 PHASE-IN OF TENANT RENT INCREASES ...................................................................................................... 135
23.26 FAMILY NO LONGER REQUIRES ASSISTANCE ............................................................................................... 135
23.27 PUBLIC HOUSING FSS AND ROSS PARTICIPANTS ......................................................................................... 136
23.28 RESIDENT PARTICIPATION AND FUNDING ................................................................................................... 136
23.29 RESIDENTS PROCEDURAL RIGHTS ............................................................................................................... 136
23.30 INFORMAL REVIEWS AND HEARINGS .......................................................................................................... 136
23.31 EARNED INCOME DISREGARD ..................................................................................................................... 138
23.32 CHOICE MOBILITY VOUCHERS ..................................................................................................................... 138
PART IV - HOUSING QUALITY STANDARD INSPECTIONS ........................................................................................ 138
23.33 ANNUAL/BIENNIAL INSPECTIONS ................................................................................................................ 138
23.34 INITIAL HQS INSPECTION ............................................................................................................................. 139
23.35 PHA-OWNED UNITS ..................................................................................................................................... 139
23.36 SECTION EIGHT MANAGEMENT ASSESSMENT PROGRAM (SEMAP) INDICATORS ....................................... 139
PART V - APPLICATIONS, WAITING LIST AND BRIEFINGS ....................................................................................... 139
23.37 APPLICATIONS ............................................................................................................................................. 139
23.38 ORGANIZATION OF THE WAITING LIST ........................................................................................................ 139
23.39 BRIEFINGS AND FAMILY OBLIGATIONS ........................................................................................................ 140
6 HAMC HCV Administrative Plan

SECTION 1
STATEMENT OF POLICIES
1.1 General
The United States Housing Act of 1937 (the “Act”) is responsible for the birth of federal
housing program initiatives. The Act was intended to provide financial assistance to
states and cities for public works projects, slum clearance and the development of
affordable housing for low income residents.
The Section 8 Program was enacted as part of the Housing and Community Development
Act of 1974, which re-codified the U.S. Housing Act of 1937. The 1987 Housing and
Community Development Act authorized a new version of the Section 8 Program: The
Housing Choice Voucher (HCV) Program. The Act continues to be amended from time
to time, and its requirements, as they apply to the HCV Program, are described in and
implemented throughout this Administrative Plan.
1.2 Public Housing Authority
The HCV Program(s) are federally funded by the U.S. Department of Housing and Urban
Development (HUD) and administered for Maricopa County by the Housing Authority of
Maricopa County (HAMC). The Housing Authority of Maricopa County is not a federal
department or agency. A Public Housing Authority (PHA) is a governmental or public
body, created and authorized by the laws of the State of Arizona to develop and operate
housing and housing programs for low income families and individuals.
The Housing Authority of Maricopa County entered into an Annual Contributions Contract
with HUD to administer the program requirements on behalf of HUD. HAMC is
responsible to ensure compliance with federal laws, regulations and notices and must
establish local policies and procedures to clarify federal requirements and to ensure
consistency in program operations.
1.3 Jurisdiction
The jurisdiction of the Housing Authority of Maricopa County is Maricopa County limits
including the following municipalities:
HAMC’s jurisdiction excludes the municipalities of: Chandler; Glendale; Mesa;
Scottsdale; and, Tempe outside of County Islands.
Administration of Housing Choice Vouchers outside HAMC’s jurisdiction may only be
authorized through an inter-governmental agreement with the corresponding jurisdiction.
1.4 HAMC Mission Statement
The Housing Authority of Maricopa County’s Mission is to improve the quality of life of
families and strengthen communities by developing and sustaining affordable housing
programs; and to become a leading housing authority by exemplifying best practices,
7 HAMC HCV Administrative Plan

offering innovative affordable housing programs, and expanding accessibility throughout
Maricopa County.
1.5 HCV Program Goals
HAMC has the following goals for the HCV program:
1) To expand the supply of assisted housing and apply for additional vouchers as they
become available.
2) Administer applicable federal and state laws and regulations to achieve high ratings
in compliance measurement indicators while maintaining efficiency in program
operations to ensure fair and consistent treatment of clients served.
3) Provide decent, safe and sanitary housing in compliance with program housing quality
standards for very low income families and individuals while ensuring that rents
charged by owners are fair, reasonable and affordable.
4) Encourage self-sufficiency of participant families and assist in the expansion of family
opportunities which address educational, socio-economic, and other human service
needs.
5) Promote Fair Housing and the opportunity for very low income families of all ethnic
backgrounds to experience freedom of housing choice.
6) Promote a housing program which maintains quality service and integrity while
providing an incentive to private property owners to rent to very low income families.
7) 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.
8) Create positive public awareness and expand the level of family, owner and
community support in accomplishing HAMC’s Mission.
1.6 Purpose of the Plan
The Administrative Plan is required by HUD. The purpose of the Administrative Plan is
to establish policies for carrying out the Programs in a manner consistent with HUD
requirements and local goals and objectives contained in HAMC’s Agency Plan. This
Plan is a part of HAMC’s Agency Plan and is available for public review.
This Administrative Plan sets forth HAMC’s local policies for operation of the HCV
Program(s) in the context of federal law and regulations. It is not intended to repeat the
federal requirements. All issues related to the HCV Program not addressed in this
document are governed by such federal regulations, HUD Handbooks and guidebooks,
notices and other applicable laws.
HAMC is responsible for complying with all changes in HUD regulations pertaining to the
HCV Program. If such changes conflict with this Plan, HUD regulations will have
precedence.
8 HAMC HCV Administrative Plan

Applicable regulations include:
 24 CFR Part 5: General Program Requirements
 24 CFR Part 8: Nondiscrimination
 24 CFR Part 982: Section 8 Tenant-Based Assistance: HCV Program
 24 CFR Part 985: Section 8 Management Assessment Program
The applicable regulations cited and corresponding notices and guidance from HUD
make a distinction between mandatory and discretionary policies as follows:
 Mandatory Policies are those driven by legislation, regulations, current handbooks,
notices and legal opinions.
 Discretionary Policies are optional, non-binding guidance, including guidebooks,
notices that have expired and recommendations from individual HUD staff.
HUD expects PHA’s to comply with and enforce mandatory policies and to make clear
optional policies adopted by the PHA. This Administrative Plan is the foundation for those
optional policies adopted by HAMC. HUD directions require HAMC to make policy
choices in certain areas of program operations that provide guidance and consistency to
staff, program applicants, participants and owners.
Administrative Plan Revisions - HAMC will revise this plan as needed to comply with
any program changes implemented by HUD throughout the year. These changes shall
not constitute a significant modification to the Plan and will not require public notice or
comment prior to implementation.
HAMC will review the Plan annually and update any local policies or changes in program
operations. These changes will be considered a significant modification and will require
public notice and comment and will only be done in conjunction with the Annual Agency
Plan.
1.7 Nondiscrimination
It is the policy of HAMC to comply fully with all Federal, State, and local nondiscrimination
laws and with the rules and regulations governing Fair Housing and Equal Opportunity in
housing and employment including:
 Title VI of the Civil Rights Acts 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 11063
 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 it applies, otherwise Section
504 and the Fair Housing Amendments govern)
 Violence Against Women Reauthorization Act of 2005 and 2013 (VAWA)
9 HAMC HCV Administrative Plan

HAMC shall not deny any family or individual the equal opportunity to apply for or receive
assistance under the HCV Programs on the basis of race, color, sex, religion, creed,
national or ethnic origin, age, familial or marital status, handicap or disability or sexual
orientation.
HAMC will take steps to assure that families and owners are fully aware of all applicable
civil rights laws. HAMC will provide, as part of the briefing process, information to HCV
applicants about civil rights requirements and the opportunity to rent in a broad range of
neighborhoods.
The Housing Assistance Payments (HAP) Contract informs owners of the requirements
not to discriminate against any person because of race, color, religion, sex, national
origin, age, familial status, or disability in connection with the contract.
The Housing Authority of Maricopa County shall not:
a) Deny any family the opportunity to apply for housing, nor deny any qualified applicant
the opportunity to lease housing suitable to its needs;
b) Provide housing which is different from that provided to others;
c) Subject a person to segregation or disparate treatment;
d) Restrict a person's access to any benefit enjoyed by others in connection with the
housing program;
e) Treat a person differently in determining eligibility or other requirements for admission;
f) Steer an applicant or participant toward or away from a particular area based on any
of these factors.
g) Deny a person access to the same level of services.
Applicants or participants who believe that they have been subject to unlawful
discrimination may notify HAMC either orally or in writing. HAMC will provide a copy of a
discrimination complaint form to the complainant and provide them with information on
how to complete and submit the form to HUD’s Office of Fair Housing and Equal
Opportunity (FHEO). HAMC will make every attempt to remedy any discrimination
complaints made against HAMC but if unsuccessful, the same information will be
provided to complainants.
1.8 Addressing Barriers to Equal Housing Opportunities
HAMC will ensure that persons with disabilities have full access to HAMC programs and
services. No individual with disabilities shall be denied the benefits of, be excluded from
participation in, or otherwise be subjected to discrimination because HAMC’s facilities are
inaccessible to or unusable by persons with disabilities.
1.9 Reasonable Accommodations
An individual with a disability may request a reasonable accommodation anytime during
the application process or participation in the HCV Program. HAMC will provide written
notification of the right to request a reasonable accommodation on the intake application,
recertification documents and notices of adverse action by HAMC, by including the
following language:
10 HAMC HCV Administrative Plan

“An individual with a disability may request a reasonable accommodation at any time
during the application process or participation in the HCV Program by contacting the
HAMC office.”
A “reasonable accommodation” is defined as a change, modification, alteration or
adaptation in policy, procedures, practice, program or facility that is necessary for a
qualified individual with a disability to have the opportunity to participate in, and benefit
from, a program or activity.
Reasonable accommodations shall include, but are not limited to, assistance for persons
with disabilities in locating appropriate accessible units, referrals to other community
agencies that provide such assistance and intervention with property owners to negotiate
permission to make reasonable modifications in accordance with all provisions of the law.
If a participant or applicant indicates that an exception, change or adjustment to a rule,
policy, practice or service is needed because of a disability, HAMC will treat this indication
as a request for a reasonable accommodation and will encourage the family to make that
request in writing. HAMC staff will work with the requesting party to complete the
Reasonable Accommodation form if necessary.
Verification of Disability - To be eligible to request a reasonable accommodation, the
requester must first certify (if apparent) or verify (if not apparent) that they are a person
with a disability under the civil rights definition for persons with disabilities.
Third party verification will be obtained from a licensed professional competent to make
the determination. HAMC will not inquire about the nature or extent of any disability but
will only request information that is necessary to evaluate the disability related need for
the accommodation. No medical records will be accepted or retained in the participant
file.
After a request for an accommodation is presented, HAMC will respond in writing within
20 business days of receipt of all required documentation. If HAMC denies a request for
an accommodation because it is not reasonable (it would impose an undue administrative
or financial burden or fundamentally alter the nature of HAMC’s operations), HAMC will
advise the family if an alternative accommodation could effectively address the family’s
disability related need without an undue hardship.
Undue Burden - An undue administrative burden is one that requires a fundamental
alteration of the essential functions of HAMC (i.e., waiving a family obligation). An undue
financial burden is one that when considering the available resources of the agency as a
whole, the requested accommodation would pose a severe financial hardship on HAMC.
1.10 Hearing or Vision Impairments
At the initial point of contact, HAMC will inform each applicant of alternative forms of
communication that can be used other than plain language paperwork. To meet the
needs of persons with hearing impairments, TTD/TTY communication will be made
available through the State of Arizona relay system. To meet the needs of persons with
vision impairments, HAMC will explain materials orally or ask that the individual make
11 HAMC HCV Administrative Plan

arrangements for a third party representative of their choice to receive, interpret and
explain materials.
1.11 Physical Accessibility
HAMC will comply with all regulations related to physical accessibility including the
following:
 PIH 2002-01
 Section 504 of the Rehabilitation Act of 1973
 The Americans with Disabilities Act of 1990
 The Architectural Barriers Act of 1968
 The Fair Housing Act of 1988
When issuing a voucher to a family that includes an individual with disabilities, HAMC will
refer families to various resources to locate appropriate housing including but not limited
to Go Section 8; Craigslist; and, Apartment Hunters.
HAMC will advise owners of the requirement to allow the family to make reasonable
modifications to units. Applicants and participants will be advised that owners are not
required to pay for modifications and their responsibility to return the unit to its original
state at the family’s expense when the family moves. HAMC will refer the family to
community agencies that may be able to assist with unit modifications.
1.12 Improving Access for Persons with Limited English Proficiency
HAMC will take affirmative steps to communicate with people who need services or
information in a language other than English (LEP persons).
A significant number of LEP persons eligible to be served or likely to be encountered by
the HCV Program in Maricopa County, use Spanish as their primary language. Thus,
HAMC will assure that bi-lingual (Spanish-English) staff is available to act as interpreters
and translators. HAMC will provide written translation to Spanish of vital documents and
all correspondence that represents compliance requirements or adverse action against
the LEP person.
HAMC serves very few LEP persons in any language other than Spanish. Therefore,
HAMC will not include any other language in this LEP Plan. However, to assure access
for persons with other language needs, HAMC will use alternative ways to articulate in a
reasonable manner to assure meaningful access for LEP persons with needs in
languages other than Spanish. These alternatives will include the use of community
volunteers, family members and friends as interpreters for LEP persons whose primary
language is other than Spanish or English.
1.13 Privacy Rights
Applicants and participants, including all adults in their households, are required to sign
the HUD 9886 Authorization for Release of Information. This document incorporates the
Federal Privacy Act Statement and describes the conditions under which HUD and/or
12 HAMC HCV Administrative Plan

HAMC will release family information. HAMC will not release other information except as
otherwise specifically identified in this Administrative Plan.
All applicant and participant files will be stored in a secure location, which is only
accessible by authorized staff. HAMC staff will not discuss family information contained
in files unless there is a business reason to do so. Inappropriate discussion of family
information or improper disclosure of family information by staff will result in disciplinary
action.
1.14 Violence against Women Act (VAWA)
HAMC will provide all protection under the law to program participants and affiliated
individuals of the participant who are victims of domestic violence, dating violence, sexual
assault, or stalking from being evicted or terminated from housing assistance based on
acts of such violence against them.
Criminal activity directly relating to domestic violence, dating violence, sexual assault, or
stalking, that is engaged in by a member of a participant’s household or any guest or
other person under the participant’s control, shall not be cause for termination of
assistance, tenancy, or occupancy rights if the participant or an affiliated individual of the
participant is the victim or threatened victim of the domestic violence, dating violence,
sexual assault, or stalking.
Incidents of domestic violence, dating violence, sexual assault, or stalking will not be
construed as serious or repeated violations of the lease agreement between the
participant and the owner, nor will these incidents be considered a violation of family
obligations under the voucher. Incidents of domestic violence, dating violence, sexual
assault, or stalking will not be considered “other good cause” for termination of tenancy,
or occupancy rights of a victim of such violence.
If an incident of domestic violence, dating violence, sexual assault, or stalking may affect
a participant’s continued participation in the HCV Program, HAMC will require that the
participant provide HAMC within 14 days of a request, a HUD approved certification form
which includes the name of the perpetrator, if safe to do so. HAMC may grant an
extension beyond the 14 days. HAMC will also accept a federal, state or local report from
a law enforcement agency or court records; documentation signed and attested to by an
employee, agent or volunteer of a victim service provider; an attorney or a medical
professional from whom the victim has sought assistance in addressing the violence. To
protect the victim, HAMC will require that the participant come to the office to secure the
certification form.
If the victim fails to provide HAMC with the certification form or other documentation as
described above within the 14 days, the protections provided hereunder shall not apply.
HAMC will take appropriate action as warranted by the incidents reported.
All program participants shall be informed of their rights under the VAWA at the time of
the initial briefing and at any subsequent program move briefings. A copy of the VAWA
protections along with the HUD certification form will be included in the briefing packet.
13 HAMC HCV Administrative Plan

Information for owners will be provided at each owner workshop held by HAMC. Owners
will also be informed of the VAWA protections when an incident occurs and is reported to
HAMC by the owner.
Domestic violence, dating violence, sexual assault, stalking and affiliated individual shall
be defined by HAMC in accordance with the definitions provided by HUD in previous and
subsequent notices related to the provisions of VAWA.
14 HAMC HCV Administrative Plan

SECTION 2
ELIGIBILITY FOR ADMISSION
2.1 General
This Chapter defines both HUD and HAMC’s criteria for admission and denial of
admission to the program. The policy of HAMC is to strive for objectivity and consistency
in applying these criteria to evaluate the eligibility of families who apply for housing
assistance. HAMC staff will review all information provided by the family carefully and
without regard to factors other than those defined in this Chapter. Families will be provided
the opportunity to explain their circumstances, to furnish additional information, if needed,
and to receive an explanation of the basis for any decision made by the HAMC pertaining
to their eligibility.
2.2 Eligibility Factors
HAMC will accept applications only from families whose head or spouse is at least 18
years of age or an emancipated minor.
To be eligible for participation in the Housing Choice Voucher Program, an applicant must
meet the following criteria established by HUD:
 An applicant must be a "family"
 An applicant must be within the applicable Income Limits
 An applicant must furnish Social Security Numbers for all family members
 An applicant must furnish declaration of Citizenship or Eligible Immigrant Status and
at least one member of the applicant family must be either a U.S. citizen or have
eligible immigration status.
2.3 Placement on Waiting List
The Family's initial eligibility for placement on the waiting list will be made in accordance
with the eligibility factors identified above. However, eligibility factors will not be verified
before the family is placed on the waiting list. Placement on the waiting list will be based
solely on the household’s certification.
Reasons for denial of placement on the waiting list or denial of admission are addressed
in Section 14, "Denial or Termination of Assistance". These reasons for denial constitute
additional admission criteria.
2.4 Family Composition
The applicant must qualify as a family as follows:
1. One or more persons sharing residency, whose income and resources are available
to meet the family's needs who may not be related by blood, marriage or operation of
law, but who will give evidence of a stable relationship which has existed a minimum
of one year.
15 HAMC HCV Administrative Plan

Evidence of a stable family relationship may include, but is not limited to, any of the
following: birth certificates of the children, joint tax return, prior lease (held jointly or
one adult listed as "head" but other adult was included on the lease), joint bank
accounts, insurance policies, prior joint credit history, or similar documentation.
Evidence used to verify stable relationship would be documented in the family file.
2. A single person family may be: an elderly person; a displaced person; a disabled
person; or any other single person.
3. A remaining household member who is a member of an assisted household whose
original head/spouse is no longer living in the rental unit. Such remaining household
members must have been listed on the most recent HUD 50058 and lease, must be
of legal age and must be able to carry out the terms of the lease and family obligations.
A live-in aid is not a remaining family member. (A household member for whom a
subsidy was not paid because the household member did not have eligible citizenship
status will not be considered a remaining household member).
2.5 Children in Foster Care
If a child has been removed from the household and placed in alternate care, HAMC will
verify with the appropriate agency whether and when the child is expected to be returned
to the household. Unless the agency confirms that the child has been permanently
removed from the home and/or will not return to the home within the next twelve months,
the child will be counted as a family member.
2.6 Head of Household
The head of household is the adult member of the household who is designated by the
family as head, is wholly or partly responsible for paying the rent, and has the legal
capacity to enter into a lease under State/local law.
2.7 Co-Head
The co-head of the household is any adult individual designated by the household, who
is equally responsible for the lease with the Head of Household. A family may have a
spouse or co-head, but not both.
2.8 Live-in Attendants
A Family may include a live-in aide provided that such live-in aide:
 Is determined by HAMC to be essential to the care and well-being of an elderly person,
a near-elderly person, or a person with disabilities,
 Is not obligated for the support of the person(s), and
 Would not be living in the unit except to provide care for the person(s).
The following distinct provisions apply to a live-in aide:
 Income of the live-in aide will not be counted for purposes of determining eligibility or
amount of housing assistance.
 Live-in aides are not subject to Non-Citizen Rule requirements.
16 HAMC HCV Administrative Plan

 Live-in aides are not considered as a remaining member of the participant family and
are therefore not entitled to any continued housing assistance if the household
member they were aiding no longer participates in the program.
Relatives are not automatically excluded from being live-in aides, but they must meet all
of the elements in the live-in aide definition described above.
A Live in Aide may only reside in the unit with the approval of HAMC. Written verification
will be required from a reliable, knowledgeable professional, such as a doctor, social
worker, or caseworker. The verification provided must certify that a live-in aide is needed
for the care of the family member as described above. Within 10 business days from
receipt of all verification information, HAMC will notify the household of its decision to
approve/disapprove the live-in aide.
At any time, the HAMC may refuse to approve a particular person as a live-in aide or may
withdraw such approval if:
 The person commits fraud, bribery, or any other corrupt or criminal act in connection
with any federal housing program;
 The person commits drug-related criminal activity or violent criminal activity; or
 The person currently owes rent or other amounts to HAMC or to another PHA in
connection with HCV or Public Housing assistance under the 1937 Act.
2.9 Foster Children and Foster Adults
A foster child is a child that is in the legal guardianship or custody of a state, county, or
private adoption of foster care agency, yet is cared for by foster parents in their own
homes under some kind of short-term or long-term foster care arrangement with the
custodial agency.
A foster child or foster adult may be allowed to reside in the unit if their presence would
not result in violation of HQS space standards. The family voucher size will be adjusted
if the foster children or foster adults remain in the household for a period of six months or
more.
Foster children and foster adults living with an applicant or assisted family are household
members but are not family members. The income of foster children/adults is not counted
as annual income and foster children/ adults do not qualify for dependent deductions.
2.10 Absent Family Members
An individual who is, or is expected to be, absent from the assisted unit for less than 30
consecutive days is considered temporarily absent and continues to be considered a
family member. An individual who is, or is expected to be, absent for 30 days or more, is
considered permanently absent and, no longer a family member.
Family members under the following circumstances may still be considered members of
the household even if absent for more than 30 days if the family provides verification that
the family member is likely to return within the next twelve months.
17 HAMC HCV Administrative Plan

 A family member who is away at school
 A child placed in foster care
 An employed head or co-head
 Family members confined to an nursing home or institution for medical reasons
2.11 Guests
A guest is a person temporarily staying in the unit with the consent of a member of the
household who has express or implied authority to consent. A guest can remain in the
assisted unit no longer than 14 consecutive days or a total of 30 cumulative calendar days
during any 12 month period.
2.12 Split Households Prior to Voucher Issuance
When a family on the waiting list splits into two otherwise eligible families due to divorce
or legal separation, and the new families both claim the same placement on the waiting
list, and there is no court determination, HAMC will determine the family unit that retains
the children as the applicant family. If there are no children, HAMC will require the
applicants to jointly agree to the continued applicant or solicit a court decision.
Documentation of these factors is the responsibility of the applicant families. If either or
both of the families do not provide appropriate documentation, they will be denied
continued placement on the waiting list for failure to supply information requested by the
HAMC.
2.13 Multi-generational Families
Families applying for assistance, which consist of two or more generations living together,
(such as a mother, and a daughter with her own children), will be treated as a single family
unit and will be entitled to only one housing voucher for assistance.
2.14 Joint Custody of Children
Children who are subject to a joint custody agreement but live with one parent at least
51% of the time will be considered members of the household. "51% of the time" is defined
as 183 days of the year, which do not have to run consecutively. Legal documentation
must be provided for families who claim joint custody or temporary guardianship.
2.15 Income Limitations
The following income restriction provisions apply to applicants for admission to the
Housing Choice Voucher Programs:
 An applicant must be a very low-income family, which is defined as a family whose
annual income does not exceed 50% of the area median income.
 Applicants in excess of the very low-income limits but within the low income limits
(80% of the area median income) will only be admitted based on the following criteria:
18 HAMC HCV Administrative Plan

 A low-income family that is continuously assisted under the 1937 Housing Act.
An applicant is continuously assisted if the family has received assistance
under any 1937 Housing Act program within 120 days of voucher issuance.
 A low-income family displaced by rental rehabilitation activity under 24CFR part
511.
 A low-income non-purchasing family residing in a project subject to
homeownership program under 24CFR 248.173.
 A low-income or moderate-income family that is displaced as a result of a
prepayment of a mortgage or voluntary termination of mortgage insurance
contracts under 24 CFR 248.165.
 A low-income family that qualifies for voucher assistance as a non-purchasing
family residing in a project subject to a resident home ownership program.
 To determine if the family is income-eligible, HAMC will compare the Annual Income
(gross income) of the family to the applicable income limit for the family's size.
 Families whose Annual Income exceeds the income limit will be denied admission and
offered an informal review.
 Families using portability must be within HAMC’s applicable income limits at the time
of initial lease up in HAMC’s jurisdiction.
 75% of all newly admitted applicants must fall within 30% of the area median income.
2.16 Mandatory Social Security Numbers
Families are required to provide verification of Social Security Numbers for all family
members prior to admission, if the Social Security Administration has issued a number.
This requirement also applies to persons joining the family after admission to the program.
If a child under age 6 has been added to an applicant family within 6 months prior to
voucher issuance, an otherwise eligible family may be admitted to the program and must
disclose and document the child’s SSN within 90 days of the effective date of the initial
HAP contract. Failure to furnish verification of social security numbers is grounds for
denial or termination of assistance.
Persons who have not been issued a Social Security Number must sign a certification
that they have never been issued a Social Security Number. Persons who disclose their
Social Security Number but cannot provide verification must sign a certification and
provide verification within 60 days. Elderly persons must provide verification within 120
days.
2.17 Citizenship/Eligible Immigration Status
In order to receive assistance, a family member must be a U.S. citizen or eligible
immigrant. Eligible immigrants are persons who are in one of the immigrant categories as
specified by HUD. The status of each member of the family is considered individually
before the family's status is defined as follows:
 Mixed Families - A family is eligible for assistance as long as at least one member is
a citizen or eligible immigrant. Families that include eligible and ineligible individuals
are called "mixed." Assistance to such applicant families will be prorated and
applicants will be notified accordingly.
 All members Ineligible - Applicant families that include no eligible members are not
19 HAMC HCV Administrative Plan

eligible for assistance. Such families will be denied admission.
 Non-citizen students- Defined by HUD in the non-citizen regulations and not eligible
for assistance.
Applicants are entitled to a hearing for denial of placement on the waiting list or denial of
assistance if such denial is based on the immigration status criteria described above.
2.18 Independent Students
HAMC will consider a student “independent” from his or her parents and the parent’s
income will not be considered when determining student’s eligibility if the following four
criteria are met:
 The individual is of legal age under state law (18 or older).
 The individual was not claimed as a dependent by his/her parents pursuant to IRS
regulations as demonstrated on the parents’ most recent tax forms.
 The individual provides a certification of the amount of financial assistance that will be
provided by his/her parents. This certification must be signed by the individual
providing the support even if no assistance is being provided.
 The individual has established a household separate from his/her parents for al east
one year prior to application for occupancy or the individual meets the U.S.
Department of Education’s definition of independent student as follows:
 Be at least 24 years old by December 31st of the award year for which aid is
sought
 Be an orphan or a ward of the court through the age of 18
 Have one or more legal dependents other than a spouse (for example,
dependent children or an elderly dependent parent)
 Be a graduate or professional student
 Be married
2.19 Other Criteria for Admissions
HAMC will apply the following additional criteria for admission to the program. Violation
of any of the following will result in denial of admission.
 The family must not have violated any family obligation during a previous participation
in the HCV program for three years prior to final eligibility determination.
 No family member has committed fraud, bribery, or any other corrupt or criminal act
in connection with any federal housing program within the last three years prior to final
eligibility determination for the first offence.
 The family must pay any outstanding debt owed to HAMC or another PHA in
connection with HCV or Public Housing assistance under the 1937 Act within 10
working days of HAMC notice to repay.
 No member of the family may have engaged in drug related or violent criminal activity
for three years prior to final eligibility determination.
 No family member may have been evicted from Public Housing for any reason during
the last three years prior to final eligibility determination.
 No family member may have engaged in or threatened abusive or violent behavior
toward HA personnel for three years prior to final eligibility determination.
20 HAMC HCV Administrative Plan

Persons evicted from other federally assisted housing because of an arrest and/or
conviction for drug-related criminal activity are ineligible for admission to HCV programs
for a three year period beginning on the date of such eviction. After the three-year period,
the person must certify they are no longer engaging in a drug-related criminal activity and
demonstrate successful completion of a rehabilitation program approved by HAMC.
The applicant may not misrepresent the information on which eligibility or tenant rent is
established. In addition to denial of admission, HAMC will refer the family file/record to
the proper authorities for appropriate disposition.
2.20 Tenant Screening
HAMC will not screen the applicant household for family behavior or suitability of tenancy.
At or before HAMC’s approval of the tenancy, HAMC will inform the owner that screening
and selection for tenancy is the responsibility of the owner.
The owner is responsible for screening families based on their tenancy histories, including
such factors as:
 Payment of rent and utility bills;
 Caring for a unit and premises;
 Respecting the rights of other residents to the peaceful enjoyment of their housing;
 Drug-related criminal activity or other criminal activity that is a threat to the health,
safety or property of others; and
 Compliance with other essential conditions of tenancy.
HAMC will advise and assist families if they feel that the screening criteria applied by an
owner violate any basic Fair Housing Rights of the family. HAMC will make referrals to
the local Fair Housing Agency and/or the appropriate HUD office.
2.21 Changes in Eligibility Prior To Effective Date of the Contract
Admission to the HCV Program occurs at the time that an initial Housing Assistance
Payments Contract is executed with an owner for an eligible unit. Prior to that time, a
family is considered an applicant. After execution of the HAP Contract, a family is
considered a participant. Therefore, changes that occur during the period between
issuance of a voucher and lease up may affect the family's eligibility.
2.22 Ineligible Families
Families who are determined to be ineligible will be notified in writing of the reason for
this determination and given an opportunity to request an informal review (or an informal
hearing if they were denied due to non-citizen status) as discussed further in this
Administrative Plan.
21 HAMC HCV Administrative Plan

SECTION 3
APPLYING FOR ADMISSION
3.1 General
The policy of HAMC is to ensure that all families who express an interest in housing
assistance are given an equal opportunity to apply, and are treated in a fair and consistent
manner.
This Chapter describes the policies and procedures for completing an initial application
for assistance, placement and denial of placement on the waiting list, and limitations on
who may apply. The primary purpose of the intake function is to gather information about
the applicant, but HAMC will also utilize this process to provide information to the
applicant so that an accurate and timely decision of eligibility can be made. Applicants
will be pulled from the waiting list in accordance with this Plan.
3.2 Opening and Closing the Waiting List
The Housing Authority of Maricopa County will open the waiting list at periodic intervals
based on need to assure that an adequate pool of applications is available to maintain
full program utilization and assist the maximum number of families based on available
program funding.
When HAMC determines that the waiting list should be opened, a notice will be published
in a local newspaper of general circulation. HAMC may open the waiting list only for
special programs in which case, the notice shall so state and identify the eligibility
provisions of the designated special program.
The public notice will specify the time period in which applications will be accepted and
identify the closure date for acceptance of applications. Under no circumstances will
applications be accepted when the waiting list is closed.
All persons who wish to apply for any of the HCV housing assistance programs must
complete an online application as directed, within the time period specified in the public
notice. HAMC will coordinate the online application process with community service
agencies to assure access to computers for all individuals wishing to apply for housing
assistance. Special assistance will be provided to assist elderly persons and persons with
disabilities who request a reasonable accommodation to complete the online application.
3.3 Applicant Outreach
The Housing Authority of Maricopa County will monitor the characteristics of the
population being served and the characteristics of the population as a whole in HAMC’s
jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that
certain populations are being underserved.
22 HAMC HCV Administrative Plan

3.4 Local Preferences
HAMC will provide local preferences to applicants as follows:
1. Local Residency (10 Points) – Applicants who live, work or have been hired to work
in the jurisdiction of HAMC for a minimum of 12 months.
2. Veterans (10 Points) - Applicants in which the sole member or the head of the
household is a veteran of the armed forces.
3. Elderly or Disabled (10 Points) - Applicants in which the head of the household is 62
years of age and older or disabled.
The local preferences will not be verified prior to placement on the waiting list. HAMC will
verify the preference at the time that the applicant is selected from waiting list for
processing of final eligibility. Verification must confirm that the applicant qualified for the
preference(s) at the time of initial registration for housing assistance. If the applicant is
unable to verify one or more preference(s) claimed, they will be placed at the end of the
waiting list and re-ranked based solely on the lottery number with no preference points.
Homeless Referral Preference (20 Points) - Families/individuals who are homeless (the
family has a primary night time residence that is a supervised publicly or privately
operated shelter designed to provide temporary living accommodations, such as welfare
voucher hotels, congregate shelters or transitional housing designed for homeless
persons, or a public or private place not designed for, or ordinarily used as a regular
sleeping accommodation for human beings) AND are participating in case management
with an approved referral agency. A limitation on the number of housed referrals will
equal a minimum of 5% of the current number of HAMC’s Housing Choice Vouchers.
Homeless Families/individuals who live with friends or relatives and who are not currently in the transition
system will be encouraged to apply for voucher assistance without preference or other available HAMC
programs for which they may qualify.
3.5 Application Process
The application process may consist of either a two or three-step process:
1. Online application;
2. Lottery selection;
3. The formal application.
The online application will request information needed for placement on the waiting list
and for applicant certification of any preference claimed. The lottery placement will be a
random selection from the online applications received as specified in the public notice.
Applications selected through this process will be placed onto the waitlist; applications
not selected through the lottery will have an opportunity to reapply once the waitlist
reopens. The formal application will be completed at the time of the application interview
as described below. The application process will be outlined in the public notice regarding
whether HAMC will use the two or three-step process. The two-step process will consist
of step 1 and 3 and the three-step process will consist of steps 1, 2 and 3 above.
Online applications will be accepted as specified in the public notice. Upon closure of the
23 HAMC HCV Administrative Plan

application period, HAMC will rank applicants in order as follows:
1. Total combined preference points
2. Date and time of application
3.6 Reporting Changes and Updating the Waiting List
Applicants are required to inform HAMC in writing of any changes in contact information,
including current residence, mailing address, email address and phone number. HAMC
may periodically send notices to applicants on the waiting list to schedule a formal
eligibility appointment or to determine their continued interest in the program.
Notices may be sent electronically to the email address provided during the application
process or to the last address reported by the applicant. Notices will provide a deadline
by which the applicant must respond and will state that failure to respond will result in the
applicant being removed from the waiting list.
The applicant’s response must comply with the timeframes and other requirements set
forth in the update request. If the applicant fails to respond within the timeframe allotted,
the applicant will be removed from the waiting list and will not be reinstated. If the update
request is returned as undeliverable, the applicant will also be removed from the waiting
list and will not be reinstated.
If an applicant is removed from the waiting list for failure to respond or an undeliverable
request, but the applicant is able to demonstrate that it was due to HAMC’s error,
circumstances beyond the control of the applicant, or was unable to respond due to an
applicant members disability, the applicant will be reinstated and resume their original
place on the waiting list.
If at any time an applicant is on the waiting list, HAMC determines that the applicant is
not eligible for assistance, the applicant will be removed from the waiting list. If an
applicant is removed from the waiting list because HAMC has determined that the
applicant is not eligible for assistance, a notice will be sent to the applicant’s last address
reported by the applicant. The notice will state the reasons the applicant was removed
from the waiting list and will inform the applicant how to request an informal review of
HAMC’s decision.
To maximize responsiveness, HAMC will send interest confirmations in effort to purge the
waiting list a minimum of once a year. All applicants will be sent an update request notice
at the time of the purge and will be required to respond pursuant to the requirements
above.
3.7 Selection from the Waiting List
Families will be selected from the waiting list in order based on total combined preference
points and the number assigned to each application, by lottery, at the time the applications
were placed on the waiting list.
When selected from the waiting list, a letter will be sent via first class mail scheduling an
24 HAMC HCV Administrative Plan

interview appointment and providing the applicant with a checklist of required documents.
If the applicant does not attend the scheduled interview and does not contact HAMC to
reschedule within 5 business days from the date of the originally scheduled interview
appointment, the applicant will be removed from the waiting list and will not be reinstated
except for reasons described in 3.6 above.
All adult applicant members are required to attend the interview. Exceptions may be
made for students attending school out of state or for members for whom attendance
would be a hardship unless such members are the head or co-head of the household.
Reasonable accommodation will be made for persons with a disability who require an
advocate or accessible offices. A designee will be allowed to participate in the interview
process, but only with permission of the person with a disability.
3.8 Release of Information and Verification
Information provided by the applicant at the interview will be verified, using the verification
procedures found further in this Plan. Family composition, income, allowances and
deductions, assets, full-time student status, eligibility and rent calculation factors, and
other pertinent information will be verified. Verifications may not be more than 120 days
old at the time of issuance of the Voucher.
All adult members must sign the HUD Form 9886, Release of Information; the
declarations and consents related to citizenship/immigration status; and any other
documents required by HAMC. Applicants may be required to sign specific verification
forms for information which is not covered by the HUD form 9886. Failure to sign any
consent forms will be cause for denial of the application for failure to provide necessary
certifications and release as required by the HAMC.
If HAMC determines at or after the interview that additional information or document(s)
are needed, the HAMC will request the document(s) or information in writing. The
applicant will be given ten (10) days to supply the information. If the information is not
supplied in this time period, HAMC will provide the applicant a notification of denial for
assistance.
3.9 Completing the Application Process
After the verification process is completed, HAMC will make a final determination of
eligibility. This decision is based upon information provided by the applicant, the
verification completed by HAMC, and the current eligibility criteria in effect. If the applicant
is determined to be eligible, HAMC will invite the applicant to a briefing for the issuance
of a voucher and the applicant's orientation to the housing program.
If HAMC determines that the applicant is not eligible, HAMC will send written notification
of the ineligibility determination which 10 business days of the determination. The notice
will specify the reasons for ineligibility and will inform the applicant of its right to request
an informal review.
3.10 Special Admissions
Certain vouchers may be received or were received from HUD as the result of a special
25 HAMC HCV Administrative Plan

funding for targeted groups of households. HAMC will admit these families under a
Special Admission procedure. Special admissions families will be admitted outside of the
regular waiting list process and they are not required to be on the program waiting list.
HAMC will maintain separate records of these admissions.
The following are examples of types of program funding that are designated as special
admissions:
 Vouchers received for demolition or disposition of a Public Housing Project.
 Vouchers received for multifamily rental housing projects when HUD sells, forecloses
or demolishes the project.
 Vouchers received for “opt-out” of FHA insured multi-applicant projects.
 Project-based HCV HAP Contracts at or near the end of the HAP Contract term that
convert to tenant based vouchers.
3.11 Targeted Funding
Special programs have been developed under the Housing Choice Voucher Program to
service certain applicant types or certain applicant situations. Most of these programs
require that HAMC partner with a service agency in the community that provides
supportive service to the particular applicant type.
When HUD grants funding under these programs, families who meet the qualifications of
the program and are referred through the partner agency will be placed on a separate
waiting list for each special program type based on date of referral from the partner
agency. These families will then be selected in order of date from the waiting list when
their special program voucher is available.
HAMC will continue to receive referrals from partner agencies until all designated
vouchers have been utilized. Upon 100% utilization, HAMC will request that the partner
agencies suspend additional referrals until such time that any of the original designated
vouchers are turned over and again become available for issuance to applicants. At that
time, HAMC will contact the appropriate partner agency and advise them of the availability
of the targeted voucher and a referral will be accepted accordingly.
The provisions for targeted funding identified herein apply to any future programs to be
so designated by HUD.
3.12 Income Targeting
HAMC will monitor progress in meeting the requirement that 75% of all new admissions
must be extremely low income households (<30% of area median income) throughout the
fiscal year. Extremely low income households will be selected ahead of other eligible
families on an as-needed basis to ensure the income targeting requirement is met.
Income targeting does not apply to low-income families continuously assisted as provided
for under the 1937 Housing Act or to assistance to low income or moderate-income
families entitled to preservation assistance under the tenant-based program as a result
of a mortgage prepayment or opt-out.
26 HAMC HCV Administrative Plan

SECTION 4
VOUCHER ISSUANCE AND SUBSIDY STANDARDS
4.1 General
HUD guidelines require that HAMC provide the family an oral briefing and provide the
family with a briefing packet containing written information about the program. HUD also
requires that HAMC establish subsidy standards for the determination of voucher size,
and that such standards provide for a minimum commitment of subsidy while avoiding
overcrowding. The standards used for the unit size selected by the family must be within
the minimum unit size requirements of HUD's Housing Quality Standards.
This Chapter explains the subsidy standards, which will be used to determine the voucher
size to be issued to families when they are selected from the waiting list, as well as the
procedures when a family composition changes, or a family selects a unit size that is
different from the size of the voucher.
4.2 Briefing
Upon notification of final eligibility, families will be advised of the requirement to attend a
briefing prior to issuance of a voucher. HAMC will issue a joint notification of final eligibility
and the scheduled briefing appointment.
HAMC will generally conduct briefings in group meetings but may occasionally conduct
them individually based on need. The head and co-head (if applicable) must attend the
briefing. Children are prohibited from attending the briefing to avoid disruptions to other
participants. Families that attend group briefings but still need individual assistance will
be referred to an individual staff person for additional assistance.
If a family fails to attend the briefing and does not contact HAMC within 5 business days
form the date of the briefing to reschedule, the family will be issued a denial of assistance
which will advise them of their right to request a review of the denial decision.
The briefing packet provided to the family will include all HUD required documents. All
vital documents including the Voucher and the Housing Discrimination Complaint form
will be provided in Spanish as well as English.
The voucher will be distributed to the families during the program briefing. Families will
be advised that the voucher represents their contractual relationship with the Housing
Authority and failure to comply with all Family Obligations outlined in the Voucher is
grounds for termination of their assistance. The following clarifications are provided
regarding HAMC policy as it relates to Family Obligations.
 Damages beyond normal wear and tear will be considered to be damages that are
eligible to be assessed against the security deposit paid to the owner.
 HAMC will determine if a family has committed serious and repeated violations of the
lease based on available evidence, including but not limited to, a court ordered
eviction, or an owner’s notice of intent to vacate.
27 HAMC HCV Administrative Plan

 Serious and repeated violations of the lease include, but are not limited to,
nonpayment of rent, destruction of property, living or housekeeping habits that cause
damage to the unit or premises, or criminal activity.
 The family must comply with lease requirements regarding written notice to the owner
before moving out of the unit. The family must notify HAMC at the same time the
owner is notified.
 The request to add a family member to the household must be submitted in writing
and approved prior to that person moving into the unit. HAMC will determine eligibility
of the new member in accordance with the eligibility criteria outlines in Section 3 of
this Plan.
 Subleasing shall be defined as receiving payment to cover rent and utilities by a
person living in the unit who is not listed as a family member.
 Families must provide notice to HAMC when one or more family members will be
absent from the unit for more than 30 days.
4.3 Determining Voucher Size
The subsidy standards for determining voucher size shall be applied in a manner
consistent with Fair Housing guidelines. The standards in this section relate to the number
of bedrooms on which subsidy will be paid, not the family's actual living arrangements.
HAMC will allocate the voucher size based on one bedroom for each two persons in the
household, except in the following circumstances:
 Persons of the opposite sex (other than head/co-head, life-partners and children under
the age of 6) will be allocated separate bedrooms.
 Persons of different generations of the same sex will be allocated a separate bedroom.
 Live-in aides may be allocated a separate bedroom if eligible but family members of
the live in aide will not be allocated a separate bedroom.
 Single parent and infants under the age of 2 will be allocated a one bedroom.
 A pregnant individual with no other children will be allocated a one bedroom.
 Elderly, near elderly and disabled single person households will be allocated a one
bedroom.
 All other single persons will be allocated a zero bedroom.
The voucher size issued will generally be based on the following guidelines taking into
consideration the subsidy standards described above.
Voucher Size Minimum Number of Maximum Number of
Household Household Members
Members
0 1 1
1 1 3
2 2 6
3 3 8
4 6 10
5 8 12
6 10 14
28 HAMC HCV Administrative Plan

4.4 Exceptions to Subsidy Standards
HAMC shall consider requests for exceptions from the subsidy standards for any of the
reasons specified in the regulations: age, sex, health, handicap, relationship or other
personal circumstances.
The family must request the exception in writing within 10 days from the date the voucher
was issued and must provide sufficient justification for a larger unit size which includes
supporting documentation. Requests based on health or disability of family members, or
other individual circumstances must be verified by a knowledgeable professional source
such as a doctor or medical professional, unless the request for an accommodation is
readily apparent. The family must also provide written documentation justifying an
additional bedroom for special medical equipment at the time of each subsequent annual
recertification.
HAMC will notify the family within 10 business days of receiving the family’s information
of its decision to grant the exception to the subsidy standards. If the request is denied,
the notice will inform the family of its right to request a review of the decision.
4.5 Changes in Voucher Size
The voucher size is determined prior to the briefing by comparing the family composition
to the HAMC subsidy standards.
If HAMC errs in the bedroom size designation, the family will be issued a new voucher of
the appropriate size for the full period allocated for new program admissions. If the family
makes a request for an exception to the payment standards and such request is granted,
the family shall be issued a new voucher for the time remaining under the initial issuance
period.
All members of the family residing in the unit must be approved by HAMC. The family
must obtain approval of any additional family member before the new member occupies
the unit except for additions by birth, adoption, or court-awarded custody, in which case
the family must inform the PHA within thirty (30) days from the date of the action.
Changes in voucher size will be applied only at the time of annual recertification or at the
time a mandatory move to different unit with continued assistance, regardless of the
reason for the change in voucher size.
4.6 Rescinding Vouchers
If, due to budgetary constraints, HAMC must rescind vouchers that have already been
issued to families, HAMC will do so in accordance with the instructions in each category
listed below.
 Category 1: Vouchers issued but for which HAMC has not yet received a Request for
Tenancy Approval (RFTA) – Vouchers in this category will be rescinded based on the
date in which they were issued.
29 HAMC HCV Administrative Plan

 Category 2: Voucher issued in which HAMC has received a Request for Tenancy
Approval (RFTA) – Vouchers in this category will be rescinded based on the date in
which the RFTA was received starting with the most recently received.
4.7 Voucher Term
Vouchers will be issued for an initial term of 90 calendar days. The family must submit a
RFTA and a proposed lease from the prospective landlord within the 90 day period.
Extensions of the voucher term will only be granted as a reasonable accommodation for
a person with disabilities. In granting such an additional extension, HAMC will consider
the efforts made by the family to locate a suitable unit.
If an applicant’s voucher expires before the family has submitted a RFTA or if a RFTA
was submitted prior to the expiration date of the voucher but was subsequently
disapproved, no further extension will be granted and the family must re-apply for housing
assistance again in the future when the waiting list is open.
Within 10 business days after the expiration of the voucher term or any extension thereof,
HAMC will advise the family in writing that the voucher term has expired and that the
family must re-apply for housing in the future to be placed on the waiting list.
4.8 Unit Size Selected
The family may select a different size dwelling unit than that listed on the Voucher but the
following criteria shall apply:
 Subsidy Limitation: The voucher size as determined under the subsidy standards
for a family assisted in the voucher program is based on the adopted payment
standards. The payment standard for a family shall be the lower of:
 The payment standard amount for the size of the voucher issued; or
 The payment standard amount for the unit size rented by the family.
 Affordability Limitation – If a family enters into a new lease agreement which
requires the Housing Authority to execute a new Housing Assistance Payments (HAP)
Contract for a dwelling unit in excess of the applicable payment standard, the total
tenant payment cannot exceed 40% of the household’s monthly adjusted income.
HAMC will not approve a lease for a unit that is not affordable pursuant to this 40%
limitation.
 Utility Allowance: The utility allowance used to calculate the gross rent is based on
the authorized voucher size issued to the family not the actual unit size the family
selects.
30 HAMC HCV Administrative Plan

 Housing Quality Standards: The standards allow two persons per living/sleeping
room and permit maximum occupancy levels (assuming a living room is used as a
living/sleeping area) as shown in the table below. The levels may be exceeded if a
room in addition to bedrooms and living room is used for sleeping.
Housing Quality Standards
Maximum Occupancy in Units
Selected
Maximum
Unit Size
Occupants
0 2
1 4
2 6
3 8
4 10
5 12
6 14
31 HAMC HCV Administrative Plan

SECTION 5
INCOME AND SUBSIDY DETERMINATIONS
5.1 General
HAMC will use the methods set forth in this Administrative Plan to verify and determine
that family income at admission and at annual recertification is correct. The accurate
calculation of Annual Income and Adjusted Income will ensure that families are not paying
more or less money for rent than their obligation under the regulations.
This Chapter defines the allowable expenses and deductions to be subtracted from
Annual Income and how the presence or absence of household members may affect the
Total Tenant Payment (TTP). The formula for the calculation of TTP is specific and not
subject to interpretation. HAMC’s policies in this Chapter address those areas, which
allow HAMC discretion to define terms and to develop standards in order to assure
consistent application of the various factors that relate to the determination of TTP.
5.2 Income and Allowances
The following definitions shall be applied when calculating total tenant payment, tenant
rent and housing assistance payments:
 Income: Includes monetary and non-monetary amounts received by members of the
households on a regular basis. For purposes of calculating the Total Tenant Payment,
HUD defines what is to be calculated and what is to be excluded in the federal
regulations. In accordance with this definition, all income, which is not specifically
excluded in the regulations, is counted.
 Annual Income: Defined as the amount of income prior to any HUD allowable
expenses or deductions, and does not include income, which has been excluded by
HUD. Annual income is used to determine whether or not applicants are within the
applicable income limits.
 Adjusted Income: Defined as the Annual Income minus any HUD allowable
expenses and deductions.
 Allowable deductions: HUD defines the allowable deductions as those listed below.
o Dependent Allowance: $480 each for family members (other than the head or
spouse) who are minors, and for family members who are 18 and older who are
full-time students or who are disabled.
o Elderly/Disabled Allowance: $400 per family for families whose head or spouse
is 62 or over or disabled.
o Allowable Medical Expenses: Deducted for all family members of an eligible
elderly/disabled family.
o Child Care Expenses: Deducted for the care of children under 13 when childcare
is necessary to allow an adult member to work, attend school, or actively seek
employment. Cannot exceed the amount of earned income and must be
reasonable based on comparative costs in the community.
32 HAMC HCV Administrative Plan

o Disability Assistance Expenses: Deducted for attendant care or auxiliary
apparatus for persons with disabilities if needed to enable the individual or an adult
family member to work.
5.3 Disallowance of Earned Income from Rent for Persons with Disabilities
The annual income for qualified disabled families may not be increased as a result of
increases in earned income of a family member who is a person with disabilities beginning
on the date on which the increase in earned income begins and continuing for a
consecutive 12-month period. After the disabled family receives 12 consecutive months
of the full exclusion, annual income will include a phase-in of half the earned income
excluded from annual income.
A disabled family qualified for the earned income exclusion is a disabled family that is
receiving tenant-based rental assistance under the Housing Choice Voucher Program;
and
 Whose annual income increases as a result of employment of a family member who
is a person with disabilities and who was previously unemployed for one or more years
prior to employment;
 Whose annual income increases as a result of increased earnings by a family member
who is a person with disabilities during participation in any economic self-sufficiency
or other job training program; or
 Whose annual income increases, as a result of new employment or increased
earnings of a family member who is a person with disabilities, during or within six
months after receiving assistance, benefits or services under any State program for
TANF provided that the total amount over a six-month period is at least $500.
The HUD definition of "previously unemployed" includes a person with disabilities who
has earned in the previous 12 months no more than the equivalent earnings for working
10 hours per week for 50 weeks at the minimum wage. Minimum wage is the prevailing
minimum wage in the State or locality.
The HUD definition of economic self-sufficiency program is: any program designed to
encourage, assist, train or facilitate economic independence of assisted families or to
provide work for such families. Such programs may include job training, employment
counseling, work placement, basic skills training, education, English proficiency,
workfare, financial or household management, apprenticeship, or any other program
necessary to ready a participant to work (such as substance abuse or mental health
treatment).
Amounts to be excluded are any earned income increases of a family member who is a
person with disabilities during participation in an economic self-sufficiency or job training
program and not increases that occur after participation, unless the training provides
assistance, training or mentoring after employment.
The amount of TANF received in the six-month period includes monthly income and such
benefits and services as one-time payments, wage subsidies and transportation
assistance.
33 HAMC HCV Administrative Plan

The amount that is subject to the disallowance is the amount of incremental increase in
income of a family member who is a person with disabilities. The incremental increase in
income is calculated by comparing the amount of the disabled family member’s income
before the beginning of qualifying employment or increase in earned income to the
amount of such income after the beginning of employment or increase in earned income.
Exclusions of Income shall be calculated as follows:
 Initial Twelve-Month Exclusion - During the consecutive 12-month period beginning
on the date a member who is a person with disabilities of a qualified family is first
employed or the family first experiences an increase in annual income attributable to
employment, HAMC will exclude from annual income of a qualified family any increase
in income of the family member who is a person with disabilities as a result of
employment over the prior income of that family member.
 Second Twelve-Month Exclusion and Phase-in - During the second consecutive
12-month period after the expiration of the initial consecutive 12-month period referred
to above, the HAMC must exclude from annual income of a qualified family 50 percent
of any increase in income of a family member who is a person with disabilities as a
result of employment over income of that family member prior to the beginning of such
employment.
 Maximum Two Year Disallowance - Once a family member is determined to be
eligible for the EID, the 24–calendar month period starts. If the family member
discontinues the employment that initially qualified the family for the EID, the 24–
calendar month period continues. During the 24–calendar month period, EID
benefits are recalculated based on changes to family member income and
employment. During the first 12–calendar month period, a PHA must exclude all
increased income resulting from the qualifying employment of the family member.
After the first 12–calendar month period, the PHA must exclude from annual income
of the family at least 50 percent of any increase in income of such family member as
a result of employment over the family member’s income before the qualifying event
(i.e., the family member’s baseline income). The EID benefit is limited to a lifetime
24-month period for the qualifying family member. At the end of the 24 months, the
EID ends regardless of how many months were “used.”
 Applicability to Child Care and Disability Assistance Expense Deductions - The
amount deducted for child care and disability assistance expenses necessary to
permit employment shall not exceed the amount of employment income that is
included in annual income. Therefore, for disabled families entitled to the earned
income disallowance, the amounts of the full and phase-in exclusions from income
shall not be used in determining the cap for child care and disability assistance
expense deductions.
 Tracking System - HAMC will maintain a tracking system to ensure correct
application of the earned income disallowance.
34 HAMC HCV Administrative Plan

5.4 Minimum Rent
Minimum rent refers to the Total Tenant Payment and includes the combined amount a
family pays towards rent and/or utilities when it is applied. The established minimum rent
for all vouchers holders is $50.00
A family may request an exception to the minimum rent based on financial hardship, which
is defined as follows:
 The family has lost eligibility or is awaiting an eligibility determination for Federal,
State, or local financial assistance;
 The income of the family has decreased because of changed circumstances,
including: loss of employment; death in the family; and, other circumstances as
determined by the HAMC or HUD.
HAMC will notify all families subject to minimum rent of their right to request a hardship
exception. This notification will be included in the change of rent notice issued by HAMC
at each recertification of income. “Subject to minimum rent” means the minimum rent
was the greatest figure in the calculation of the greatest of 30% of monthly-adjusted
income, 10% of monthly income or minimum rent.
Requests for minimum rent exception must be made in writing within 10 days from the
date of notification of rent and must include documentation as proof of financial hardship.
HAMC will use its standard verification procedures to verify circumstances, which have
resulted in financial hardship.
Suspension of Minimum Rent - HAMC will grant the minimum rent exception to all
families who request it, effective the first of the following month. The minimum rent will
be suspended until HAMC determines whether the family is eligible for the hardship
exception and the period of time for which they are eligible.
"Suspension" means that HAMC will not apply the minimum rent until the request for the
hardship exemption has been determined. During the minimum rent suspension period,
the family will not be required to pay a minimum rent and the housing assistance payment
will be increased accordingly.
If HAMC determines that family does not qualify for the minimum rent hardship exception,
the minimum rent will be charged including payment for minimum rent from the time of
suspension.
5.5 Definition of Temporarily/Permanently Absent
It is the responsibility of the head of household to report changes in family composition.
HAMC will evaluate absences from the unit as described below.
HAMC will compute all applicable income of every family member including those who
are temporarily absent. Income of persons permanently absent will not be counted. If a
household claims that a family member is permanently absent from the unit, they must
provide documentation that supports an alternate address for the family member
permanently absent such as a lease agreement, driver’s license or other such legal
35 HAMC HCV Administrative Plan

document that lists the person’s name and alternate address.
Absences shall be defined as follows:
 Temporarily Absent: Defined as away from the unit for more than 30 days but less
than 180 days.
 Permanently Absent: Defined as away from the unit for 180 consecutive days except
as otherwise provided in this Chapter. If the person who is determined to be
permanently absent is the sole member of the household, assistance will be
terminated.
 Medical Absence: Defined as any family member that leaves the household to enter
a facility such as hospital, nursing home, or rehabilitation center. The family will be
required to provide verification from a reliable medical source as to the likelihood and
timing of return. If the verification indicates that the family member will be permanently
confined to a facility, the family member will be considered permanently absent. If the
verification indicates that the family member may return in less than 180 consecutive
days, the family member will not be considered permanently absent.
 Absence Due to Full-time Student Status: A student (other than head of household
or spouse) who attends school away from home but lives with the family during school
recesses may, at the family's choice, be considered either temporarily or permanently
absent. If the family decides that the member is permanently absent, income of that
member will not be included in total household income, the member will not be
included on the lease, and the member will not be included for determination of
Voucher size.
 Absence Due to Incarceration: If the head of co-head of the household is
incarcerated for 30 consecutive days or more, s/he will be considered permanently
absent; if any other household member is incarcerated for more than 180 consecutive
days, s/he will be considered permanently absent.
 Absence of Children Due to Placement in Foster Care: If the family includes a child
or children temporarily absent from the home due to placement in foster care, HAMC
will determine from the appropriate agency when the child/children will be returned to
the home. If the time period is to be greater than six (6) months from the date of
removal of the child/children, the Voucher size will be reduced. If all children are
removed from the home permanently, the voucher size will be reduced in accordance
with the subsidy standards.
 Absence of Entire Family: Defined as situations when the family is absent from the
unit, but has not moved out of the unit. "Absence" means that no family member is
residing in the unit. In order to determine if the family is absent from the unit, HAMC
may write letters to the family at the unit, telephone the family at the unit, interview
neighbors, verify if utilities are in service, and check with the post office. Families are
required both to notify HAMC before they move out of a unit and to give HAMC
information about any family absence from the unit.
o Families must notify HAMC at least 30 days before moving out of the unit or no
less than 15 days after leaving the unit if they are going to be absent from the unit
36 HAMC HCV Administrative Plan

for more than 30 consecutive days.
o If it is determined that the family is absent from the unit, HAMC will continue
assistance payments for the period of time estimated that the family will be absent
but not more than thirty days provided that the family gave proper notice to HAMC.
If the family did not provide proper notice, assistance will be terminated at the end
of the month following 30 days after notification of absence.
o In cases where the family has moved out of the unit, HAMC will terminate
assistance in accordance with appropriate termination procedures contained in
this Plan.
 Caretaker for Children: Defined as a person placed in an assisted unit by an
appropriate certified service agency that is acting as the legal guardian for children on
the lease agreement. The following criteria will apply to these situations.
o If an appropriate agency has determined that another adult is to be brought into
the assisted unit to care for the children for an indefinite period, HAMC will treat
that adult as a visitor for the first 120 days.
o If by the end of 120 days, court-awarded custody or legal guardianship has been
awarded to the caretaker, the Voucher will be transferred to the caretaker.
o If the appropriate agency cannot confirm the guardianship status of the caretaker,
HAMC will transfer the voucher to the caretaker on a temporary basis with the
condition that the caretaker must release the voucher if the original parent(s) are
awarded custody at a later date.
 Absence Due to Court Order: If a member of the household is subject to a court
order that restricts him/her from the home for more than 180 days, the person will be
considered permanently absent.
5.6 Visitors
Any adult not included on the HUD 50058 who has been in the unit more than fourteen
(14) consecutive days or a total of thirty (30) days in a 12-month period without HAMC
approval, will be considered to be living in the unit as an unauthorized household member.
HAMC may approve extensions of time for visitors under special circumstances such as
a relative assisting with a mother with a newborn child. To request an extension, the family
must provide documentation of the permanent residence of the visitor.
Statements from the landlord, neighbors or other individuals will be considered in making
a determination if an unauthorized person is residing in the assisted unit. Use of the unit
address as a visitor's residence for any purpose shall be construed as permanent
residence.
The burden of proof that the individual is a visitor rests on the family. HAMC may request
lease agreements, utility bills or other such documentation identifying an address other
than the assisted unit as the permanent residence of the individual in question. In the
absence of such proof, the individual will be considered an unauthorized member of the
household and HAMC will terminate assistance since prior approval was not requested
for the addition.
37 HAMC HCV Administrative Plan

Minors and college students who were part of the family but who now live away from
home during the school year and are no longer on the lease may visit for up to 120 days
per year without being considered a member of the household. In a joint custody
arrangement, if the minor is in the household less than 120 days per year, the minor will
be considered to be an eligible visitor and not a family member.
5.7 Reporting Changes in Family Composition
Reporting changes in household composition is a basic family obligation under the
voucher agreement between HAMC and the assisted family. The family obligations
require approval to add any other family member as an occupant of the unit and to inform
HAMC of the birth, adoption or court-awarded custody of a child within 30 days of
occurrence.
The family must request prior approval from HAMC to add any other members to the
household and must provide documentation as requested by HAMC to support why this
individual has become a member of the assisted household. Upon review of the
documentation received, HAMC will issue a written notice of approval or disapproval to
add the individual to the assisted household.
In addition, the family must comply with the terms of their lease agreement with the owner
which may require the family to obtain prior written approval from the owner when there
are changes in family composition other than birth, adoption or court awarded custody.
An interim reexamination will be conducted for any additions to the household.
If the family does not obtain prior written approval, any person the family has permitted to
move in will be considered an unauthorized household member.
5.8 Calculating Annual Income
HAMC will calculate annual income based on projected future income that is anticipated
to be received in the twelve-month period following the effective date following of the
admission or the re-exam.
HAMC will conduct streamlined recertification of income for elderly and disabled families
when 100 percent of the household income consists of fixed income. In this streamlined
process, HAMC will recalculate family income by applying any published cost of living
adjustments to the previously verified income. For purposes of this section, the term
“fixed income” includes income from:
1. Social Security payments to include Supplemental Security Income (SSI) and
Supplemental Security Disability Income (SSDI);
2. Federal, state, local or private pension plans; and
3. Other periodic payments received from annuities, insurance policies, retirement funds,
disability or death benefits and other similar types of periodic receipts that are of
substantially the same amounts for year to year.
If the family has income from the Public School system, annual income will be calculated
based on 39 weeks of income and an interim recertification will not be completed. If the
38 HAMC HCV Administrative Plan

family has a history of other types of seasonal employment and unemployment benefits,
HAMC will annualize both sources of income and a subsequent interim recertification will
not be completed when circumstances change throughout the year following the annual
recertification.
5.9 Minimum Income
There is no minimum income requirement for participation in the HCV Program. However,
families that claim no income will be required to complete a zero income survival
statement.
If the family’s expenses exceed their known income, HAMC will make inquiry of the head
of household as to the nature of the family’s accessible resources and will use all available
resources to determine if the family has unreported income.
5.10 Income of Person Permanently Confined to Nursing Home
If a family member is permanently confined to a hospital or nursing home and there is a
family member left in the household, HAMC will calculate the income by using the
following methodology which results in the lesser total tenant payment:
 The income of the family member confined will be included and corresponding out of
pocket medical expenses will be deducted; or,
 The income of the family member confined will not be included and corresponding out
of pocket medical expenses will not be deducted.
5.11 Regular Contributions and Gifts
Regular contributions and gifts to the household are counted as income for calculation of
the Total Tenant Payment. Any contribution or gift received more than one time in an
annual period will be considered regular unless such amount is less than $10 on an
annual basis. Regular contributions and gifts include cash and non-cash contributions to
the household including payment of utilities, tenant rent or any other recurring payment
obligations if paid by anyone outside the assisted household.
5.12 Alimony and Child Support
Regular alimony and child support payments are counted as income for calculation of
Total Tenant Payment. If the amount of child support or alimony received is less than the
amount awarded by the court, HAMC will use the amount awarded by the court unless
the family can verify that they are not receiving the full amount and verification of such is
provided as follows:
 Verification from the agency responsible for enforcement or collection;
 Documentation of child support or alimony collection action filed through a child
support enforcement/collection agency, or collection action filed through an attorney.
5.13 Lump-Sum Receipts
Lump-sum payments caused by delays in processing periodic payments such as
39 HAMC HCV Administrative Plan

unemployment or welfare assistance are counted as income. Deferred periodic
payments, which have accumulated due to a dispute, are also counted as income.
In order to determine amount of retroactive tenant rent that the family owes as a result of
the lump sum receipt, HAMC will use a calculation method, which calculates retroactively
or prospectively, depending on the circumstances.
 Prospective Calculation Methodology: If the payment is reported on a timely basis,
(as required under interim reporting requirements) the calculation will be done
prospectively and will result in an interim adjustment calculated as follows: the entire
lump-sum payment will be added to the annual income at the time of the interim and
total tenant payment and tenant rent will be calculated accordingly.
 Retroactive Calculation Methodology: If the payment is not reported on a timely
basis, HAMC will go back to the date the lump-sum payment was received, or to the
date of admission, whichever is closer and determine the amount of income for each
certification period, including the lump sum, and recalculate the tenant rent for each
certification period to determine the amount due to HAMC. The family will then be
required to pay this amount to HAMC in full from the lump sum proceeds. Failure to
make payment will result in termination of assistance.
 Attorney Fees - The family's attorney fees may be deducted from lump-sum
payments when computing annual income if the attorney's efforts have recovered a
lump-sum compensation, and the recovery paid to the family does not include an
additional amount in full satisfaction of the attorney fees.
Lump-sum additions to Family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's compensation),
capital gains, and settlement for personal or property losses, are not included in income
but are included as assets. Lump sum payments from Social Security or SSI are excluded
from income, but any amount remaining will be considered an asset.
5.14 Contributions to Retirement Funds
While an individual is employed, contributions to company retirement/pension funds count
as assets if the family can access the funds without retiring or terminating employment.
After retirement or termination of employment, any amount the employee elects to receive
as a lump sum is counted as a lump sum payment as described above.
5.15 Assets Disposed of For Less than Fair Market Value
HAMC will count assets disposed of for less than fair market value during the two years
preceding certification or reexamination by including the difference between the market
value and the actual payment received when calculating total assets if the fair market
value of such assets is greater than $1,000.
Assets disposed of as a result of foreclosure or bankruptcy will not be considered to be
assets disposed of for less than fair market value. Assets disposed of as a result of a
divorce or separation will also not be considered assets disposed of for less than fair
40 HAMC HCV Administrative Plan

market value.
5.16 Child Care Expenses
Childcare expenses for children under 13 may be deducted from annual income if they
enable an adult to work or attend school full time, or to actively seek employment.
However, childcare expenses will not be allowed as a deduction if there is an adult
household member capable of caring for the child who can provide the childcare.
Examples of adult household members who would be considered unable to care for a
child include the abuser in a documented child abuse situation or a person with disabilities
or older person unable to take care of a small child, as verified by a reliable
knowledgeable source.
A childcare deduction will only be provided based on the following guidelines:
 Childcare to Work: The maximum childcare expense allowed must be less than the
amount earned by the person enabled to work. The "person enabled to work" will be
the adult member of the household who earns the least amount of income from
working.
 Childcare for School: The number of hours claimed for child care may not exceed
the number of hours the family member is attending school, including reasonable
travel time to and from school.
 Amount of Expense: HAMC will survey the local care providers in the community and
collect data to serve as a guideline. The maximum amount of childcare expense that
can be deducted may not exceed the applicable local rates for comparable care.
 Reimbursement: Childcare expense cannot be reimbursable from any other source.
If a divorce decree provides for joint payment of childcare, expenses will be prorated
accordingly unless the assisted family provides adequate documentation as described
previously.
5.17 Medical Expenses
Elderly and disabled households are entitled to deductions for allowable medical
expenses. If the household qualifies for a medical deduction, then the medical expenses
of all household members are an allowable deduction.
Allowable expenses include but are not limited to insurance premiums; hospital and
doctor costs; and, prescription medicines. Nonprescription medicines, acupressure,
acupuncture, herbal medicines and chiropractic services will not be considered allowable
medical expenses. The IRS Publication 502 will govern the final determination as to
whether a particular medical expense is permitted or prohibited as an allowable
deduction.
5.18 Pro-ration of Assistance for "Mixed" Families
A "mixed" family is one that includes at least one U.S. citizen or eligible immigrant and
41 HAMC HCV Administrative Plan

any number of ineligible members. Housing assistance will be prorated for mixed families
based on the following calculation.
The total housing assistance shall be calculated based on income, assets, allowances
and deductions for all household members. The percent of eligible household members
is determined by dividing the number of U. S. Citizens or eligible immigrants in the
household by the total number of household members. The total amount of housing
assistance is then multiplied by the percent of the eligible household members. This is
the amount of housing assistance that will be paid on behalf of a mixed family.
5.19 Income Changes Resulting from Welfare Program Requirements
HAMC will not reduce the rental contribution for families whose welfare assistance is
reduced specifically because of:
 Fraud by a family member in connection with the welfare program; or
 Failure to participate in an economic self-sufficiency program; or
 Noncompliance with a work activities requirement.
However, HAMC will reduce the rental contribution if the welfare assistance reduction is
a result of:
 The expiration of a lifetime time limit on receiving benefits; or
 A situation where a family member has not complied with other welfare agency
requirements; or
 A situation where a family member has complied with welfare agency economic self-
sufficiency or work activities requirements but cannot or has not obtained employment,
such as the family member has complied with welfare program requirements, but the
durational time limit, such as a cap on the length of time a family can receive benefits,
causes the family to lose their welfare benefits.
Imputed welfare income is the amount of annual income not actually received by a family
as a result of a specified welfare benefit reduction that is included in the family’s income
for rental contribution and is treated as follows:
 Imputed welfare income is not included in annual income if the family was not an
assisted resident at the time of sanction.
 The amount of imputed welfare income is offset by the amount of additional income a
family receives that begins after the sanction was imposed.
 When additional income is at least equal to the imputed welfare income, the imputed
welfare income is reduced to zero.
The HAMC will obtain written verification from the welfare agency stating that the family's
benefits have been reduced for fraud or noncompliance with economic self-sufficiency or
work activities requirements before denying the family's request for rent reduction. The
welfare agency, at the request of the HAMC, will inform the HAMC of: the amount and
term of specified welfare benefit reduction for the family; reason for the reduction; and
subsequent changes in term or amount of reduction.
42 HAMC HCV Administrative Plan

5.20 Utility Allowance and Utility Reimbursement Payments
HAMC will develop a utility allowance schedule, which is intended to cover the cost of
utilities not included in the rent to the owner. This allowance is based on the typical cost
of utilities and services paid by energy-conservative households that occupy housing of
similar size and type. Allowances are not based on an individual family's actual energy
consumption.
The utility allowance for an individual family includes the utilities and services that are
necessary to provide housing that complies with the Federal Housing Quality Standards.
No allowance will be provided for non-essential utility costs, such as telephone, cable, or
satellite television. Where families provide their own range and refrigerator, HAMC will
include an appliance allowance as part of the total utility allowance provided to the family.
Lease agreements with tenant paid utilities will only be approved for utilities that are
individually metered for the unit receiving assistance. The individual meter must only
service the living space in which the family has access. The property owner must retain
responsibility for any utility that is not individually metered.
HAMC will review the utility allowance schedule annually. If the review finds a specific
utility rate has changed by 10% or more since the last revision of the utility allowance
schedule, the schedule will be revised to reflect the new rate. Revised utility allowances
will be applied in a participant family's rent calculation at their next recertification.
When the calculation on the HUD 50058 results in a utility housing assistance payment
due to the family, HAMC will provide a Utility Assistance Payment (UAP) directly to the
primary utility provider. Payment will not be issued to the family.
43 HAMC HCV Administrative Plan

SECTION 6
VERIFICATION PROCEDURES
6.1 General
All factors affecting eligibility for the HCV Program and calculation of total tenant payment,
tenant rent and housing assistance will be verified by HAMC. Applicants and program
participants must provide true and complete information upon request by HAMC.
Verification requirements are designed to maintain program integrity.
This Chapter explains the procedures and standards for verification of income, assets,
allowable deductions, family status, and changes in family composition. HAMC will obtain
proper authorization from the family before requesting information from independent
sources.
6.2 Social Security Number Documentation:
Applicants and participants (including each member of the household) are required to
provide documentation of each disclosed Social Security Number. Acceptable evidence
of the SSN consists of:
 An original SSN card issued by the Social Security Administration;
 An original SSA-issued document, which contains the name and SSN of the
individual; or
 An original document issued by a federal, state, or local government agency, which
contains the name and SSN of the individual
Rejection of Documentation - HAMC may reject documentation of the SSN provided by
the applicant or participant for only the following reasons:
 The document is not an original document; or
 The original document has been altered, mutilated, or not legible; or
 The document appears to be a forged document (i.e. does not appear to be
authentic).
HAMC will explain to the applicant or participant, the reason(s) the document is not
acceptable and request the individual to obtain acceptable documentation of the SSN and
submit it to the HAMC within 10 calendar days.
Verification of the SSN – HAMC will verify each disclosed SSN by:
 Obtaining the documentation listed above from applicants and participants (including
each member of the household);
 Making a copy of the original documentation submitted, returning it to the individual,
and retaining the copy in the file folder until accepted by EIV; and
 Recording the SSN on line 3n of the form HUD-50058, and transmitting the form HUD-
50058 to HUD within 30 calendar days of completing the form, to enable HUD to
initiate its computer matching efforts. (Applies only to participants, not applicants).
44 HAMC HCV Administrative Plan

HUD, via its computer matching program with the SSA, will validate the SSN (along with
the individual’s name and date of birth) against the SSA’s database. EIV will report the
status of the identity verification process as Verified, Failed, Not Verified, or Deceased
on the household Summary Report. Below is a summary of the action HAMC will take
for each identity verification status.
 Verified. If the information matches the SSA database, the individual’s identity
verification status will be Verified. No further action is required.
 Failed. If the information does not match the SSA database, the identity verification
status will be Failed. Individuals whose identity verification status is failed will be
required to provide HAMC with additional information and verification documents as
requested and necessary to determine correct identification.
 Not Verified. If an individual’s identity verification status is Not Verified this means
that HUD has not yet sent the tenant’s personal identifiers to SSA for validation. No
further action is required.
 Deceased. If an individual’s identity verification status is Deceased this means that
SSA’s records indicate the person is deceased. HAMC will confirm the death with the
family’s head of household or listed emergency contact person.
Once the individual’s verification status is classified as verified, HAMC will remove and
destroy, by no later than the next recertification, the copy of the documentation provided
and retain only the verification documentation from the EIV report in the program file.
Individuals without an assigned SSN - Citizens and lawfully present noncitizens who
state that they have not been assigned a SSN by the SSA, must make such declaration
in writing and under penalties of perjury to the HAMC. This declaration will be maintained
in the tenant file.
An alternate ID will be assigned to those individuals who do not have or unable to disclose
a SSN. Once an individual discloses a SSN, HAMC will delete the ALT ID and secure a
verified status of the SSN provided.
6.3 The Enterprise Income Verification (EIV) System
The EIV system is a web-based application which provides HAMC with employment,
wage, unemployment compensation and social security benefit information for
participants of the Housing Choice Voucher Program. Information in EIV is derived from
computer matching programs between HUD, Social Security Administration (SSA),
Department of Labor (DOL), and the Department of Health and Human Services (HHS).
EIV is classified by HUD as upfront income verification (UIV) technique and is considered
by HUD as an automated third party written verification.
45 HAMC HCV Administrative Plan

6.4 Verification of Social Security Income
Income from Social Security will be verified for applicants with a SSA benefit verification
letter (dated within the last 60 days of the HAMC request date for information) provided
by the family. Income from Social Security will be verified for participants with an EIV
Income Report which displays the current social security benefit amount.
6.5 The Verification Hierarchy
HAMC is required by HUD to access the EIV system and obtain an Income Report for
each assisted household. HAMC is required to maintain the EIV report in the participant
file along with the HUD 50058 form and other supporting documentation to support
income and rent determinations.
If the EIV income report does not contain any employment and income information for the
family, HAMC will secure necessary information in the order of the hierarchy listed below.
LEVEL VERIFICATION TECHNIQUE RANKING
6 Upfront income verification (UIV) using Highest
HUD’s EIV system. (Mandatory)
5 Upfront income verification (UIV) using Highest
non-HUD system. (Optional)
4 Written third party verification High (Mandatory to supplement EIV reports
(authentic document generated by a when EIV has no data. (Mandatory for non-
third party source but supplied by the EIV income sources and when participants
participant) dispute EIV information).
3 Written third party verification form Medium-Low (Mandatory if third party
verification is not available or is rejected by
HAMC; and when participant/applicant is
unable to provide acceptable documents).
2 Oral third party verification Low (Mandatory only when no third party
verification is available)
1 Tenant Declaration Very Low (use as a last resort when unable
to obtain any type of third party verification).
In determining annual income, HAMC will use information based on past actual income
received or earned within the last 12 months prior to the recertification transaction. HAMC
will use the most recent 12 months of income information available in EIV. No further
documentation will be required if circumstances have not changed. If there has been a
change in circumstances or the participant disputes the EIV reported income information,
additional third party documentation will be requested pursuant to the hierarchy above.
Information not contained in EIV will be verified pursuant to the hierarchy above. HAMC
will utilize the same time period for both EIV information and non-EIV information.
All verifications, regardless of level, must be dated within 60 days prior to the request of
HAMC to provide the documents. Level four verification documents that serve to verify
income amounts must include a minimum of two consecutive payments applicable to the
income amount.
46 HAMC HCV Administrative Plan

HAMC will provide applicants and participants with a maximum of 10 calendar days to
respond to requests for level four documents. Failure to provide documents within this
period will result in proposed termination of assistance or removal from the waiting list.
HAMC will allow a maximum of 10 calendar days for return of level three documents
before going to the next level identified above. The file will be documented as to why
third party verification was not used.
6.6 Release of Information
All adult family members will be required to sign the HUD 9886 Release of
Information/Privacy Act form. In addition, family members will be required to sign specific
authorization forms when information is needed that is not covered by the HUD form 9886.
Family refusal to cooperate with the HUD prescribed verification system will result in
denial of admission or termination of assistance based on violation of the family obligation
to supply any information and to sign consent forms.
6.7 Income Discrepancy Reports
HAMC will analyze the Income Discrepancy Information from the HUD EIV system on a
regular basis. HAMC will send a letter within 10 business days to schedule a meeting
with participants identified in EIV with an income discrepancy. The income discrepancy
will be explained to the family as well as the family’s obligations to resolve and/or dispute
the discrepancy.
If the family disputes the discrepancy, they are responsible for contacting the reporting
employer to secure documentation that will support their dispute. If the family claims that
the discrepancy is the result of stolen identify, the family is responsible for providing
HAMC with legal documentation that will support their claim of stolen identify.
If the family does not dispute the claim, HAMC will proceed to terminate the family’s
housing assistance in accordance with the termination provisions outlined in the
Administrative Plan.
6.8 Items to Be Verified
The following information must be verified to determine initial program eligibility, to
calculate total tenant payment, tenant rent and housing assistance and at each
recertification of income.
 All income not specifically excluded by the regulations. Members will be required to
provide 30 days’ worth of pay stubs unless the pay cycle is monthly. If pay cycle is
monthly, HAMC will require 2 consecutive pay stubs.
 Full-time student status including High School students who are 18 or over.
 Current assets if total assets are in excess of $5,000, including assets disposed of for
less than fair market value in preceding two years.
 Childcare expense where it allows an adult family member to be employed or to further
his/her education.
 Total medical expenses of all family members in households whose head or spouse
is elderly or disabled.
47 HAMC HCV Administrative Plan

 Disability assistance expenses to include only those costs associated with attendant
care or auxiliary apparatus for a disabled member of the family, which allow an adult
family member to be employed.
 Disability for determination of allowances or deductions.
 U.S. citizenship/eligible immigrant status
 Social Security Numbers for all family members over 6 years of age or older who have
been issued a social security number.
 Familial/Marital status when needed for head or co-head definition.
 Verification of Reduction in Benefits for Noncompliance
6.9 Verification of Non-EIV Sources
Verification of information not included on the EIV report or of non EIV sources includes
the following:
 Unemployment Compensation - Additional methods of verification include: SWICA
statements; computer report electronically obtained or in hard copy, from
unemployment office stating payment dates and amounts; payment stubs, bank
account statements reflecting direct deposit of benefits.
 Welfare Payments or General Assistance – Alternate methods of verification
include: online statements from State Welfare systems; computer-generated Notice
of Action; computer-generated list of recipients from Welfare Department; bank
account statements reflecting direct deposit of benefits.
 Alimony or Child Support Payments – Alternate methods of verification include:
online statements from Child Support agencies; copy of a separation or settlement
agreement or a divorce decree stating amount and type of support and payment
schedules; a notarized letter from the person paying the support; copy of latest check
and/or payment stubs from Court Trustee; bank account statements reflecting direct
deposit of benefits.
If payments are irregular, the family must provide: a copy of the separation or
settlement agreement, or a divorce decree stating the amount and type of support and
payment schedules; a statement from the agency responsible for enforcing payments
to show that the family has filed for enforcement; a notarized affidavit from the family
indicating the amount(s) received; a written statement from an attorney certifying that
a collection or enforcement action has been filed.
 Net Income from a Business - Acceptable methods of verification include: IRS Form
1040, including: Schedule C (Small Business); Schedule E (Rental Property Income);
Schedule F (Farm Income); if accelerated depreciation was used on the tax return or
financial statement, an accountant's calculation of depreciation expense, computed
using straight-line depreciation rules; audited or unaudited financial statement(s) of
the business; credit report or loan application.
 Recurring Cash Contributions - The family must furnish a notarized statement which
contains the following information: the person who provides the contributions; the
value of the contributions; the regularity (dates) of the contributions; and, the purpose
of the contributions.
48 HAMC HCV Administrative Plan

 Zero Income Status - Families claiming to have no income will be required to
complete a “survival statement”. If the family continues to claim zero income, they will
be required to complete a “survival statement” every 90 days. HAMC may also solicit
a credit report and request copies of bank statements to identify an undisclosed
income.
 Full-time Student Status - Verification of full time student status includes: written
verification from the registrar's office or other school official; school records indicating
enrollment for sufficient number of credits to be considered a full-time student by the
educational institution.
 Savings Account Interest Income and Dividends - Acceptable methods of
verification include: account statements, passbooks, certificates of deposit; IRS Form
1099 from the financial institution.
 Interest Income from Mortgages or Similar Arrangements - Acceptable methods
of verification include: a letter from an accountant, attorney, real estate broker, the
buyer, or a financial institution stating interest due for next 12 months; amortization
schedule showing interest for the past 12 months.
 Net Rental Income from Property Owned by Family - Acceptable methods of
verification include: IRS Form 1040 with Schedule E (Rental Income); copies of latest
rent receipts, leases, or other documentation of rent amounts; documentation of
allowable operating expenses of the property: tax statements, insurance invoices, bills
for reasonable maintenance and utilities, and bank statements or amortization
schedules showing monthly interest expense; lessee's written statement verifying rent
payments to the family and family's self-certification as to net income realized.
 Family Assets < $5,000 – Verification will be required of all assets at the time of
eligibility determination and at least every 3 years thereafter. A self-declaration
signed by the head of household on the formal eligibility application or the annual
recertification application will be acceptable verification for assets <$5,000 at all other
recertification exams.
 Family Assets >$5,000 – If the family certifies to assets >$5,000, HAMC will require
information necessary to determine the current cash value of the family’s assets, (the
net amount the family would receive if the asset were converted to cash). Acceptable
verification may include: letters, or documents from a financial institution or broker;
passbooks, checking account statements, certificates of deposit, bonds, or financial
statements completed by a financial institution or broker; quotes from a stock broker
or realty agent as to net amount family would receive if they liquidated securities or
real estate; real estate tax statements if the approximate current market value can be
deduced from assessment; financial statements for business assets; copies of closing
documents showing the selling price and the distribution of the sales proceeds;
appraisals of personal property held as an investment.
 Assets Disposed of for Less than Fair Market Value (FMV) - For determination of
initial eligibility and annual recertification, HAMC will obtain the family's certification as
to whether any member has disposed of assets for less than fair market value during
the two years preceding the effective date of the certification or recertification.
49 HAMC HCV Administrative Plan

If the family certifies that they have disposed of assets for less than fair market value,
verification is required that shows: (a) all assets disposed of for less than FMV, (b) the
date they were disposed of, (c) the amount the family received, and (d) the market
value of the assets at the time of disposition. Third party verification will be obtained
wherever possible.
 Child Care Expenses - Written notarized verification, canceled checks or payment
receipts from the person who receives the payments is required. Verifications must
specify the child care provider's name, address, telephone number, the names of the
children cared for, the number of hours the child care occurs, the rate of pay, and the
typical yearly amount paid, including school and vacation periods.
 Medical Expenses – Verification will be determined based on computer print outs
from pharmacies; canceled checks, copies of money orders or account statements
from medical providers; account statements or bank statements reflecting automatic
withdrawal of medical premiums; and EIV documentation of Medicare premiums. All
documentation must reflect the amount paid by the individual. Documentation
provided that does not reflect the amount paid by the individual will not be considered
for determination of medical expenses.
 Assistance to Persons with Disabilities - Written certification from a reliable,
knowledgeable professional that the person with disabilities requires the services of
an attendant and/or the use of auxiliary apparatus to permit him/her to be employed
or to function sufficiently independently to enable another family member to be
employed. Statements from third parties as to whether reimbursement for any of the
expenses of disability assistance and the amount of any reimbursement received.
 Attendant Care: Copies of canceled checks or money orders family used to make
payments.
 Auxiliary Apparatus: Receipts for purchases or proof of monthly payments and
maintenance expenses for auxiliary apparatus. In the case where the person with
disabilities is employed, a statement from the employer that the auxiliary apparatus
is necessary for employment is needed.
6.10 Familial Relationships
Certification will be considered sufficient verification of family relationships. However,
when family members are not related by blood or marriage, verification of relationship will
be required. Verification of relationship with minors will include legal documentation of
the relationship such as court records of custodial care or guardianship. Verification of
adult relationships will include marriage certificate or other documentation indicating that
a stable relationship has existed for a period of more than 12 months as demonstrated
through joint financial records, a joint lease agreement or other such documentation
acceptable to HAMC.
In cases where reasonable doubt exists of a relationship by blood or marriage, the family
may also be asked to provide verification of legal documentation to support the
relationship. HAMC will provide equal access to HUD programs without regard to a
50 HAMC HCV Administrative Plan

person’s actual or perceived sexual orientation, gender identity, or marital status in
accordance with the Equal Access Rule.
When requesting a change in family composition to add or remove a household member,
verification documentation must be provided.
6.11 Verification of Permanent Absence of Family Member
If the family reports an adult member who was formerly a member of the household
permanently absent, the following information must be presented as verification prior to
removing any household member from the assisted household: legal evidence of divorce
action; evidence of legal separation; order of protection/restraining order obtained by one
family member against another; lease or rental agreement showing the individual listed
as the member of another household; a document from a Court or correctional facility
stating how long they will be incarcerated. HAMC will verify with the U.S. Postal service
to determine if there has been a change of address entered for the adult person reported
as permanently absent.
Regardless of the verification documentation presented, no family member will be
considered permanently absent for 180 days from the date the report was received by
HAMC from the family. A recertification transaction will not be processed until the next
regularly scheduled annual recertification or 180 days from the date the family reported
the member absent whichever occur first.
6.12 Verification of Disability
Verification of disability must be receipt of SSI or SSA disability payments under Section
223 of the Social Security Act or 102(7) of the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6001(7) or verified by appropriate diagnostician such as
physician, psychiatrist, psychologist, therapist, rehab specialist, or licensed social worker,
using the HUD language as the verification format.
51 HAMC HCV Administrative Plan

SECTION 7
VOUCHER ISSUANCE AND BRIEFINGS
7.1 General
HAMC’s goals and objectives are designed to assure that families selected to participate
are equipped with the tools necessary to locate an acceptable housing unit; that families
are provided sufficient knowledge and information regarding the program; and, how to
achieve maximum benefit while complying with program requirements. When eligibility
has been determined, HAMC will conduct a mandatory briefing to ensure that families
know how the program works.
The briefing will provide a broad description of owner and family responsibilities, program
procedures, and how to lease a unit. The family will also receive a briefing packet, which
provides more detailed information about the program including the benefits of moving
outside areas of poverty and minority concentration. This Chapter describes how briefings
will be conducted, the information that will be provided to families, and the policies for
how changes in the family composition will be handled.
7.2 Issuance of Vouchers
When funding is available, HAMC will issue vouchers to applicants whose final eligibility
has been determined. HAMC will strive to maintain 100% utilization of all program funds.
Program capacity will be closely monitored to determine success rates, average lease up
time, and program turnover. This statistical information will serve as the basis to
determine the number of vouchers to be issued on an ongoing basis to achieve the 100%
utilization rate.
Vouchers will be over-issued based on the average success rates from the previous fiscal
year. All vouchers, which are over-issued, will be honored unless otherwise rescinded as
described further in this plan, even if it results in being over-leased for a given period of
time. In the case of over-leasing, HAMC will adjust future issuance of vouchers in order
not to exceed the budget limitations over the entire fiscal year.
7.3 Briefing Types and Required Attendance
Initial Applicant and Port-In Briefing - A full program briefing will be conducted for
applicant families who are determined to be eligible for assistance and participants that
wish to port into HAMC’s jurisdiction. The briefings will generally be conducted in groups
but may occasionally be conducted individually based on need.
Reasonable accommodations will be provided to individuals who are disabled or for
individuals with limited comprehension or second language needs upon notification to
HAMC. Children will not be permitted at the briefing session in order to ensure an
informative learning environment that will meet the needs of all applicants.
52 HAMC HCV Administrative Plan

The purpose of the briefing is to explain how the program works and distribute the
required documents in the voucher packet to applicants. This will enable families to utilize
the program to their advantage, and prepare them to discuss the Housing Choice Voucher
Program with potential owners and property managers.
HAMC will not issue a voucher to an applicant family unless the household representative
has attended a briefing and signed the voucher form. Applicants who provide prior notice
of inability to attend a briefing will automatically be scheduled for the next briefing.
Applicants who fail to attend two (2) scheduled briefings will be denied admission based
on failure to supply information needed for certification.
Briefing Packet - The documents and information provided in the briefing packet for the
voucher program include the following required items:
 HUD approved voucher form indicating the term of the voucher;
 Housing search record form;
 HAMC’s policy for requesting extensions of the voucher for persons with disabilities;
 A description of the method used to calculate the housing assistance payment for a
family;
 Payment standards and utility allowance schedule(s);
 Explanation of the maximum allowable rent for an assisted unit including the rent
reasonableness standard and affordability standards;
 Where the family may lease a unit;
 Owner and family responsibilities;
 Portability procedures and an explanation of how portability works;
 HUD required tenancy addendum;
 HUD approved Request for Tenancy Approval (RTA) form;
 Owner disclosure of lead based paint;
 A statement of the HAMC policy on providing information about families to prospective
owners;
 HUD brochure "A Good Place to Live" on how to select a unit that complies with HQS;
 HUD required information on lead-based paint;
 Applicants rights to a review of HAMC decisions and participants rights to informal
hearings;
 Requirements for reporting changes in income and family composition;
 Information on security deposits and legal referral services;
 Fair Housing rights and a housing discrimination complaint form;
 Available information related to prospective rental units.
Program Move Briefing - Program participants that have been under lease for a period
of one year may opt to move to another assisted unit at the anniversary date of their lease
agreement and Housing Assistance Payments Contract. An abbreviated briefing will be
conducted by HAMC staff describing the requirements for a successful move within the
program.
A program move briefing packet containing the following information will be provided to
the program participant:
 HUD approved voucher form indicating the term of the voucher;
 Instructions for program moves;
53 HAMC HCV Administrative Plan

 Housing Search Record form;
 Vacate notice to be signed by the current landlord;
 Current payment standards and utility allowances;
 Request for Tenancy Approval; and,
 Owner disclosure of lead based paint.
7.4 Housing Opportunity and Mobility
HAMC will provide mobility counseling to assist applicants and program participants with
assistance in locating to areas of low poverty. A map of the HAMC’s jurisdiction will be
provided to applicants indicating areas of low poverty. Program move briefings will
include detailed information on portability. Specific effort will be made to identify property
owners in those census tracts that are below the city-wide poverty level.
7.5 Security Deposit Requirements
The payment of a security deposit is an issue strictly between the owner and the voucher
holder. The HCV program does not assist with security deposit payments and the Housing
Choice Voucher Program does not provide for any special claims or payments for unpaid
rent, damages or vacancy loss to the owner.
The owner is not required to, but may collect a security deposit from the assisted
household in accordance with local market practices. Security deposits charged by
owners may not exceed those charged to unassisted households nor exceed the
maximum prescribed by state or local law.
7.6 Term of Voucher
During the briefing session, each household will be issued a voucher, which represents
the contractual agreement between HAMC and the family, specifying the rights and
responsibilities of each party. It does not constitute admission to the program, and the
family remains an applicant, until such time that a HAP Contract becomes effective.
The voucher is valid for a period of 90 calendar days from the date of issuance. The family
must submit a Request for Tenancy Approval (RFTA) within the 90 period. If the Voucher
has expired the family will be denied assistance. The family will not be entitled to a review
or hearing. If the family is currently assisted, they may remain as a participant in their
unit if there is an assisted lease/contract in effect or of the current owner agrees to
reinstate/continue the lease at the existing assisted unit. If the family vacated their
assisted unit prior to locating a new unit and their program move voucher expires, their
assistance is considered terminated.
Extension for Reasonable Accommodation - HAMC will extend the voucher term up
to 180 days from the beginning of the initial term if the family needs and makes a written
request for an extension as a reasonable accommodation to make the program
accessible to and usable by a family member with a disability, provided that such request
is made prior to the expiration of the initial term of the voucher. No other voucher
extensions will be granted.
54 HAMC HCV Administrative Plan

7.7 Voucher Issuance Determination for Split Households
In those instances when a family assisted under the HCV program becomes divided into
two otherwise eligible families due to divorce, legal separation, or the division of the
family, and the new families cannot agree as to which new family unit should continue to
receive the assistance, and there is no determination by a court, HAMC will issue the
voucher to the family member who retains majority custody of the greatest number of
minor children.
7.8 Transfer and Retention of Voucher
Assistance may only be transferred to someone other than the designated head of
household or co-head of household if the head or co-head involuntarily leave the
household. No household member may voluntarily assign the assistance to another
household member. Assistance will only be transferred if a remaining member of the
household is a sole member or legally obtains custody of the remaining minor members
of the household. To be considered the remaining member of the assisted family, the
person must have been previously approved by HAMC to be living in the unit, identified
on the HUD 50058 at the most recent recertification and be listed on the most recent
lease agreement with the owner.
A live-in attendant, by definition, will not be considered a remaining member of the family
and will not be entitled to any continued assistance if the person who they were assisting
ceases to receive assistance for any reason. A minor child may only be considered as a
remaining member of the household if a court has awarded emancipated minor status to
the minor. A reduction in family size may require a corresponding reduction in the voucher
family unit size.
55 HAMC HCV Administrative Plan

SECTION 8
APPROVAL OF TENANCY AND CONTRACT EXECUTION
8.1 General
HAMC’s program operations are designed to utilize available resources in a manner that
is efficient and provides eligible families timely assistance based on the number of units
that have been budgeted. Program objectives include maximizing HUD funds by providing
assistance to as many eligible families and for as many eligible units as the budget will
allow. After families are issued a voucher, they may search for a unit anywhere within the
designated jurisdiction. The family must find an eligible unit under the program rules, with
an owner/landlord who is willing to enter into a Housing Assistance Payments Contract
with HAMC.
This Chapter defines the types of eligible housing, HAMC’s policies, which pertain to initial
inspections, lease requirements, owner disapproval, and the processing of Requests for
Tenancy Approval (RFTA).
8.2 Request for Approval of Tenancy
The Request for Tenancy Approval (RFTA) must be submitted by the family during the
term of the voucher. The family must submit the RFTA in the form and manner required
by HAMC:
 All corresponding blanks on the RFTA form must be fully completed and legible,
including the age of the building and the most recent rent charged;
 The form must be signed by both the owner and voucher holder;
 A copy of the proposed lease must be returned with the RFTA;
 The landlord certification, direct deposit authorization and the federal W-9 must be
completed and returned with the RFTA.
 The family may not submit more than one RFTA at a time.
HAMC will review the RFTA documents to determine whether or not they are approvable
based on the following criteria:
 The unit is an eligible type of housing under the program;
 The rent to owner plus tenant paid utilities does not exceed the applicable payment
standard for the bedroom size of the voucher issued to the family; or the rent
requested meets the affordability test (does not exceed 40% of the households
monthly adjusted income); and,
 The rent is reasonable in comparison to unassisted like units in the same location.
If HAMC cannot approve the RFTA based on any of the above, HAMC staff will contact
the owner to determine if they are willing to negotiate within terms that would be
approvable under the program requirements. If the owner and HAMC are unable to reach
acceptable terms, the voucher holder will be notified within 5 days and advised that the
unit is not acceptable. The voucher holder will have the remaining period on their voucher
to locate an acceptable unit. The voucher time will not be suspended or “tolled” during
this period.
56 HAMC HCV Administrative Plan

8.3 Eligible Types of Housing
Any of the following types of housing are eligible to be considered for assistance under
the Housing Choice Voucher Program:
 All structure types: single family, duplex, multi-family, low rise or high-rise;
 Manufactured homes where the assisted family leases the mobile home and the pad;
 Manufactured homes where the assisted family owns the mobile home and leases the
pad;
 Group Homes or shared housing;
 Congregate and Assisted Living facilities (only the shelter rent is assisted);
 Single Room Occupancy facilities;
 Units owned (but not subsidized) by the PHA;
 Units being purchased by the assisted family in accordance with the Section 8
Homeownership criteria;
 A cooperative housing development in which the family owns shares would still be
considered a lease arrangement under the voucher program.
8.4 Lease Review
The family and owner must submit a standard form lease commonly used in the State of
Arizona and that is used for the owner’s unassisted tenants at the premises. The terms
and conditions of the lease must be consistent with State and local law. The lease must
specify what utilities and appliances are to be supplied by the owner, and what utilities
and appliances are to be supplied by the family.
The initial term of the lease agreement must be for a minimum of 12 months unless HAMC
determines that a shorter term will improve housing opportunities for the assisted
household. Owners may elect to execute a lease for an indefinite extension of the initial
term (the endless lease), which will allow the owner the ability to terminate tenancy during
the lease only by instituting a court action. However, owners may elect fixed, definite
extensions of the initial lease, such as year-to-year. This option allows the owner to
terminate tenancy without cause at the end of the initial term or any subsequent term.
The HUD prescribed tenancy addendum, which is attached to the Housing Assistance
Payments Contract, as Part C, will always take precedence over any other terms and
conditions in the owner’s lease with the tenant. House rules of the owner may be attached
to the lease as an addendum, provided they do not violate any fair housing provisions
and do not conflict with the HUD tenancy addendum.
8.5 Actions before Lease Term
All of the following must always be completed before the beginning of the initial term of
the lease for a unit:
 The unit has been inspected and meets all requirements of the federal Housing Quality
Standards;
 The rent on the lease agreement is consistent with the rent approved by HAMC under
the rent reasonable test;
57 HAMC HCV Administrative Plan

 The lease has the same commencement date as the HAP Contract;
 The HUD-prescribed tenancy addendum is attached to the lease and both documents
are signed by the landlord and the participant.
8.6 Separate Agreements
Families and owners will be advised of the prohibition of illegal side payments for
additional rent, or for items normally included in the rent of unassisted families, or for
items not shown on the approved lease. Any appliances, services or other items, which
are routinely provided to unassisted families as part of the lease (such as air conditioning,
dishwasher or garage) or are permanently installed in the unit, cannot be put under
separate agreement and must be included in the lease.
However, owners and families may execute separate agreements for services,
appliances (other than range and refrigerator) and other items that are not included in the
lease if the agreement is the same as what is provided to unassisted tenants and the
agreement is in writing and approved by HAMC. HAMC will only approve a separate
agreement if the family has the option of not utilizing the service, appliance or other item.
8.7 Information to Owners
HAMC will not release any information about the participant to prospective owners.
HAMC will inform owners that it is the responsibility of the landlord to determine the
suitability of prospective tenants. Owners will be encouraged to screen applicants for rent
payment history, payment of utility bills, eviction history, respecting the rights of other
residents, damage to units, drug-related criminal activity or other criminal activity that is
a threat to the health, safety or property of others, and compliance with other essential
conditions of tenancy.
8.8 Contract Execution Process
The Housing Assistance Payments Contract will be prepared by HAMC upon approval of
the RFTA and a passing inspection indicating that the unit is in compliance with all Federal
Housing Quality Standards.
Owners will be required to provide proof of ownership for the assisted unit in a form
acceptable to HAMC. The HAP Contract will be executed in the name as indicated on
the proof of ownership. If the owner has assigned an agent to represent the owner, then
appropriate legal documentation must be provided prior to execution of the HAP Contract.
In the case of large multi-family properties, a single copy of the management agreement
will be kept on file for the property. Subsequent vouchers leasing at the same property
will be approved without further proof of ownership.
Upon completion of the HAP Contract, HAMC will issue via e-mail an electronic copy of
Part I of the HAP Contract for signature and return. Owners will be advised to download
and read Part II of the HAP Contract from HAMC’s website. Owners will be held
accountable for all provisions contained in Part I and Part II of the HAP Contract.
58 HAMC HCV Administrative Plan

If HAMC fails to issue a HAP Contract prior to the approved lease effective date, the
housing assistance payments will be retroactive to the date the unit passed inspection or
the lease effective date whichever is later. However, if the owner fails to return the signed
HAP Contract (electronically, hand delivered or by mail) within 10 days from the date of
issuance by HAMC, the housing assistance payment will be effective on the date HAMC
receives the HAP Contract.
59 HAMC HCV Administrative Plan

SECTION 9
HOUSING QUALITY STANDARDS AND INSPECTIONS
9.1 General
The Housing Quality Standards (HQS) are federal standards established by HUD that
serve to measure the minimum quality of housing acceptable in the Housing Choice
Voucher Program. HQS standards are utilized to inspect housing units at initial
occupancy and during the term of the Housing Assistance Payments Contract. HQS
standards apply to the building and premises, as well as the unit. Newly leased units
must pass the HQS inspection before the beginning date of the HAP Contract. HAMC
will inspect each unit under contract at least biennial but may inspect more often to ensure
Housing Quality Standards are met. HAMC will also maintain a quality control inspection
program, which will re-inspect at least the minimum required under SEMAP. to ensure
consistency of enforcement of HQS.
This Chapter describes HAMC’s policies for performing HQS and other types of
inspections, as well as standards for the timeliness of repairs. It also explains the
responsibilities of the owner and family, and the consequences of non-compliance with
HQS requirements for both families and owners.
9.2 Guidelines/Types of Inspections
Effort will be made at all times to encourage owners to provide housing above HQS
minimum standards. However, HAMC will not promote any additional acceptability
criteria which is likely to adversely restrict housing choice.
If the tenant is responsible for supplying the stove and/or the refrigerator, HAMC will
complete the initial inspection without the stove and refrigerator in the unit, provided that
the family certifies that the appliances will be placed in the unit and will be in proper
working order.
The following types of inspections will be conducted as required:
 RFTA/Initial - inspection on a property which the tenant has selected and is
requesting approval of a new unit;
 Biennial - an inspection conducted on a property at least every 2 years;
 Re-inspection - an inspection of a property which failed a previous inspection;
 24-Hour Re-inspection – an inspection on a property which had a failing item
considered a 24-hour emergency situation;
 Complaint - inspection on a property which has been requested by the resident or
other involved party due to perceived problems with the property;
 Abatement Cure - inspection on property where abatement has commenced but is
still within the thirty-day window prior to termination;
 Re-instatement inspection - inspection in which the contract was terminated but a
determination has been made to re-instate the contract;
 QA (Quality Assurance) – re-inspection by a supervisor of units previously inspected;
 QA Re-inspection - re-inspection on a failed QA.
60 HAMC HCV Administrative Plan

9.3 Timing of HQS Inspections
The chart below provides the general timelines that HAMC will utilize in scheduling and
conducting HQS inspections
Type of Inspection To Be Scheduled
RFTA/Initial Within 10 business days from
approval of RFTA
Biennial At least every 24 months
Re-inspection Upon notification by owner
that the repairs have been
completed but within 30 days
after failed inspection.
24 Hour Upon notification by owner
Re-inspection that the repairs have been
completed but within 24 hours
after failed inspection.
Complaint Within 3 business days from
request.
Abatement Cure Upon notification by owner
that repairs have been
completed but no later than 30
days after the re-inspection.
Re-instatement Upon notification by owner
Inspection that the repairs have been
completed but no later than 30
days after the abatement cure
inspection.
Quality Assurance Within 30 days from date of
Inspection initial or last annual inspection.
The family must allow HAMC to inspect the unit at reasonable times with reasonable
notice. Reasonable hours to conduct an inspection are between 8:00 a.m. and 5:00 p.m.
Monday through Friday. Notice will be provided to the family and the owner via first class
mail or email a minimum of fifteen (15) days prior to the first attempt for an inspection.
The family and/or the owner will be notified by telephone or by a posted notice on the
main entrance of the unit of a scheduled emergency re-inspection. Re-inspection notice
for non-emergency items will be provided in the fail letter issued to the owner and the
family.
Two attempts will be made for all inspection types. If access to the unit cannot be
obtained after the second attempt, the unit will be considered in non-compliance with the
HQS standards and appropriate action will be taken based on the inspection type.
61 HAMC HCV Administrative Plan

Responsibility for access for annual inspections and any related required re-inspections
is the responsibility of the assisted household and failure to provide access is a violation
of the family obligations under the voucher contract. Access for all other inspection types
is the responsibility of the owner.
9.4 Time Standards for Repairs
The owner must correct emergency items, which endanger the family’s health or safety,
within 24 hours from the initial inspection. Non-emergency repairs must be made within
10 days from the date of an initial inspection or re-inspection and within 30 days from the
date of all other inspections or re-inspections. If a unit fails to comply with HQS at an
initial inspection or re-inspection, the applicant will be notified to continue their search for
housing within the time frame remaining on the voucher. If a unit fails to comply with HQS
at any other inspection, actions will be taken as described below.
9.5 Modifications to HQS
HAMC will use the federal Housing Quality Standards for acceptance of units under the
Housing Choice Voucher Program. Any modifications or adaptations to a unit to permit
a reasonable accommodation for a person with a disability must meet all applicable HQS
requirements.
Properties that provide swimming pools for use by residents must be in compliance with
all provisions of applicable codes of the local governing jurisdiction.
9.6 Emergency Repair Items
The following items shall be defined as emergency and must be corrected within 24 hours
of the initial inspection:
 Lack of an operable smoke detector;
 Ceiling damage reflecting imminent danger of falling;
 Major plumbing leaks or flooding;
 Natural gas leaks or fumes;
 Electrical problems which could result in shock or fire;
 No heat when outside temperature is below 40 degrees Fahrenheit and temperature
inside unit is below 65 degrees Fahrenheit.
 No air conditioning when outside temperature is above 90 degrees Fahrenheit and
temperature inside the unit is above 80 degrees Fahrenheit.
 All components of the stove are inoperable; all components of the refrigerator/freezer
are inoperable.
 Utilities not in service
 No running hot water
 Broken glass where someone could be injured
 Obstacle which prevents tenant's entrance or exit
 Lack of operable toilet
If the emergency repair item(s) are not corrected in the time period required and the owner
is responsible for the repair, the Housing Assistance Payment will be abated in
accordance with the procedures outlined further in this plan.
62 HAMC HCV Administrative Plan

If the emergency repair item(s) are not corrected in the time period required, and the
assisted household caused the damage, a notice of pending termination will be issued to
the to the family in accordance with the termination procedures outlined further in this
plan.
9.7 Abatement and Contract Termination
Failure for a unit under contract to pass a re-inspection will result in abatement of the
Housing Assistance Payment. Abatement means that a daily pro-ration of the Housing
Assistance Payment will be deducted from any future payments for each day that the unit
is not in compliance with the HQS standards beginning the day following the failed re-
inspection and continuing until the owner submits notification in writing to HAMC that the
repairs have been completed. A notice of abatement will be sent to the owner within 2
business days of the re-inspection. The abatement period will not extend beyond 30 days.
The HAMC will charge a reinspection fee of $75.
If the owner has not made the required repairs during the abatement period, the Housing
Assistance Payments Contract will be terminated in accordance with the provisions in the
contract. The assisted family will be notified of the termination and will be advised to
secure program move documents to commence search for a new housing unit. Once a
termination notice has been issued, the HAP Contract will not be re-instated (except as a
reasonable accommodation) even if the landlord proceeds to make repairs.
9.8 Determination of Responsibility for Repairs
The following HQS deficiencies are the responsibility of the family:
 Tenant-paid utilities not in service;
 Failure to provide or maintain family-supplied appliances;
 Documented damage to the unit or premises caused by a household member or guest
beyond which is obvious as normal wear and tear;
 Placement of large items of trash or inoperable vehicles anywhere on the assisted unit
premises;
 Failure to maintain lawn and surrounding areas if a single-family structure.
 Poor housekeeping habits that cause the unit to be unsanitary or unsafe for the family.
“Normal wear and tear” is defined as items which cannot be charged against the tenant
security deposit under state law or court practice.
All other HQS violations shall be the responsibility of the owner including for vermin
infestation even if caused by the family's living habits. However, if such infestation is
serious and repeated, it may be considered a lease violation and the owner may take
appropriate action in accordance with the lease. If the family is responsible for
deficiencies but the owner carries out the repairs, the owner will be encouraged to bill the
family for the cost of the repairs and the family's file will be noted.
63 HAMC HCV Administrative Plan

9.9 Consequences If Family Is Responsible
If emergency or non-emergency violations of HQS are determined to be the responsibility
of the family, HAMC will require the family to make any repair(s) or corrections within 24
hours for emergency items and within 30 days for non-emergency items. If the repair(s)
or correction(s) are not made in this time period, HAMC will terminate assistance to the
family, after providing an opportunity for an informal hearing. The owner's rent will not be
abated for items which are the family's responsibility. If the tenant is responsible and
corrections are not made, the HAP Contract will terminate when assistance is terminated.
64 HAMC HCV Administrative Plan

SECTION 10
RENT AND PAYMENT STANDARDS
10.1 General
It is HAMC’s responsibility to ensure that Payment Standards are sufficient to assure
maximum program utilization, to provide program applicants and participants with
adequate housing choice and to assure that the rents charged by owners at the time of
initial lease up and at each annual recertification are reasonable based upon unassisted
comparable units in the rental market.
This Chapter explains HAMC’s policies for determination of rent-reasonableness,
payments to owners, adjustments to the Payment Standards, and rent adjustments.
10.2 Initial Rent to Owner
HAMC will review the following items to determine if the rent requested by the owner
meets the program requirements as follows:
 The requested rent plus the cost of tenant paid utilities (calculated on the most recent
program utility allowance schedule) cannot exceed the applicable payment standard;
or,
 Total tenant payment cannot exceed 40% of the assisted family’s monthly-adjusted
income; and,
 The rent to owner must be reasonable in comparison to rent for other comparable
unassisted units.
10.3 Making Payments to Owners
Once the HAP Contract is executed, HAMC will commence processing payments to the
landlord. All payments will be made via direct deposit into an account designated by the
property owner. Owners who do not wish to participate in the ACH direct deposit program
will not be approved by HAMC for participation in the program.
HAP Contracts will only be effective as of the first day of a month. HAP Contracts
executed and returned by the 20th day of the month preceding the effective date will be
processed for the next month check run. Contracts received after that date will not be
processed for payment until the second month after receipt.
Payment will be made on a master basis for all units under contract with a single property
owner. Payments for different properties will only be processed if the owner provides a
separate federal tax identification number.
If payment is delayed beyond the tenth day of the month, HAMC will be responsible for
payment of late fees to the owner in accordance with the late fees identified in the lease
agreement but not to exceed a total of $50.00. However, HAMC will not be obligated to
pay any late payment penalty if late payment is due to factors beyond HAMC’s control,
such as a delay in the receipt of program funds from HUD. HAMC will not use any program
funds for the payment of late fee penalties to the owner.
65 HAMC HCV Administrative Plan

10.4 Rent Reasonableness Determinations
A rent reasonableness test will be conducted to determine if the requested rent is
reasonable in comparison to rent for other comparable unassisted units in the market.
Rent reasonable tests will be conducted for the following:
 An initial rent requested on the RFTA form;
 Prior to any increase in the rent to owner;
 If there is a five percent decrease in the published FMR 60 days before the contract
anniversary;
 If directed by HUD; and,
 Based on a need identified by HAMC.
At all times during the assisted tenancy, the rent to owner may not exceed the reasonable
rent as most recently determined or re-determined by HAMC. The owner will be advised
that by accepting each monthly housing assistance payment s/he will be certifying that
the rent to owner is not more than rent charged by the owner for comparable unassisted
units in the premises. If requested, the owner must provide HAMC with information on
rents charged by the owner for other units in the premises or elsewhere.
HAMC will utilize “Go-Section 8” for determination of rent reasonableness. “Go-Section
8” is a web-based application in which market rental data for unassisted units is collected
and used to complete a rent comparability analysis. Data collected includes the following:
 Location by zip code and census tract;
 Number of Bedrooms and bathrooms;
 Other identifiable amenities;
 Type and age of structure; and
 Tenant paid utilities.
HAMC will identify comparable units that are most consistent with the unit for which the
comparability analysis is being conducted. A minimum of three similar units will be
identified and the corresponding data will be reflected on the automated rent
reasonableness form.
This data will be compared with the requested rent for the assisted unit. If the requested
rent is greater than the comparable units selected, HAMC will negotiate with the owner to
reach an agreed upon rent amount that meets the rent reasonable test. If the rent is less
than the comparable units, HAMC will approve the rent or rent increase.
10.5 Payment Standards for the Voucher Program
The Payment Standard is used to calculate the housing assistance payment for a family
and is based on Fair Market Rents (FMR) published by HUD on an annual basis.
Maricopa County is included in the Phoenix Metropolitan Statistical Area (SMA) Fair
Market Rents.
HAMC will maintain the payment standards at a minimum of 90% and a maximum of
66 HAMC HCV Administrative Plan

110% of the published FMR. HAMC will review and analyze the payment standards on
an annual basis but will not revise the payment standards each year when the new FMR’s
are published if the current payment standards remain at a minimum of 90% and a
maximum of 100% of the newly published FMR’s.
When reviewing the payment standard on an annual basis, HAMC will consider the
available budget authority and determine if a reduction in payment standards is needed
including an amount below 90% of the published FMR, to assist a maximum number of
households up to HAMC’s baseline allocation. If it is determined that payment standards
below 90% of FMR is needed, a waiver will be secured from HUD with corresponding
justification.
Case by case reviews of a higher payment standard will be considered as a reasonable
accommodation for a family that includes a person with disabilities. If appropriate, HAMC
will approve a payment standard up to 120% of the FMR.
10.6 Increases in Owner Rent
Rent increases to owners will only be considered at the time of annual recertification of
the assisted family. Owners must issue a notice to the tenant a minimum of 60 days prior
to the lease end date with a copy to HAMC for any requested rent increase. HAMC will
conduct a rent reasonableness analysis and advise the owner if the rent increase can be
approved or negotiate a different rent if applicable.
Rent increases for rent restricted rental units receiving an indirect subsidy from another
government source (Department of Agriculture, Low Income Housing Tax Credits under
the IRS, etc.) will be processed when a project wide rent increase has been approved by
the assigned oversight agency for these properties. HAMC will approve a rent for the
tenant based vouchers in these properties that is equivalent to the market rate rent
approved by the corresponding agency. If these properties have no market rate units,
HAMC will approve rent for tenant based vouchers equal the highest restricted rent for
the applicable unit size and type in the property.
All rent increases are subject to available funding. HAMC may deny any request for a
rent increase if it is determined that there are insufficient funds available to support the
requested rent increase.
67 HAMC HCV Administrative Plan

SECTION 11
RECERTIFICATIONS
11.1 General
HAMC will reexamine the income and household composition of all assisted families at
least annually. Families will be provided accurate annual and interim rent adjustments.
Recertifications and interim examinations of income will be processed in a manner that
ensures families are given reasonable notice of rent increases. HAMC may accept
information such as forms, documentation and signatures electronically.
This Chapter defines HAMC’s policy for conducting annual recertifications and
coordinating annual activities. It also explains the interim reporting requirements for
families, and the standards for timely reporting. All changes are to be reported within 10
days of the occurrence.
11.2 Annual Recertification
HAMC will conduct annual recertifications at the time of the anniversary date of the lease.
HAMC will mail to the assisted unit address an annual recertification packet 120 days
prior to the lease anniversary date which will contain a household data form, a listing of
all required documents which the family must return, a zero income survival certification
form, and the HUD 9886 Release of Information. HAMC will mail to the preferred mailing
address provided by the participant and it is the responsibility of the family to assure that
mail can be delivered at the assisted unit.
Instructions for completion of the documents will be provided in the recertification packet
including a date by which the packet must be returned. Families will be required to return
the packet via mail, fax or email. If the family does not return an accurate and complete
recertification packet by the stated deadline, a proposed termination of assistance notice
will be issued to the family. If the family returns an accurately completed packet by the
expiration date of the time limit stated in the proposed termination notice, to request a
hearing, the termination action will be suspended.
11.3 Timing of Rent Changes
If the outcome of the annual recertification results in an increase in the tenant rent, a
thirty-day notice will be mailed to the family prior to the scheduled effective date of the
annual recertification.
If less than thirty days are remaining before the scheduled effective date of the annual
recertification, the tenant rent increase will be effective on the first of the month following
a thirty-day notice, provided the reason for the delay was not the fault of the family. If the
reason for the delay was due to the family not providing prompt response, the tenant rent
increase will become effective as of the scheduled annual recertification date, regardless
of timing of notification of rent increase.
68 HAMC HCV Administrative Plan

If the recertification results in a decrease in rent, the effective date of the tenant rent
decrease will be the effective date of the scheduled annual recertification date, provided
there was no delay in completing the recertification that was due to the family not
providing prompt response. If there was a delay in completing the recertification due to
the family’s failure to respond timely, the decrease in rent will become effective the first
of the month following HAMC’s completion of the recertification.
11.4 Interim Recertifications
Changes in Family Composition - Program participants are required to report all
changes in household composition between annual recertifications within 30 days of the
change. This includes additions due to birth, adoption and court-awarded custody. The
family must obtain HAMC approval prior to adding an additional household member for
any reason other than a birth.
HAMC will generally approve all changes in family composition that are the result of legal
action: marriage, adoption, court awarded custody, etc. provided any adult member
added to the household meets the criminal background screening for eligibility. The
family must provide HAMC with the legal documentation of the action that resulted in an
additional member in the household.
HAMC will only consider approval of other additions to the household:
 If the family can provide justification why the individual will reside in the assisted
household;
 The addition of the new household member does not require an increase the voucher
size of the family; and,
 Any adult individual meets all eligibility criteria including the criminal background
screening criteria.
When HAMC approves the additional of a household member said changes will become
effective at the next regularly schedule annual recertification. Requests to remove
members from the assisted household will only be approved when the member meets the
criteria for permanently absent (absent for more than 180 consecutive days). The
effective date of a recertification for removal of household members will be the effective
date of the next annual recertification after HAMC’s approval.
Zero Income Households - if a family reports zero income at the time of the annual
recertification and later obtains an income, an interim recertification be conducted.
Changes in Income – If the household has an increase in income from any source which
is more than $200.00 per month or is reporting zero income, it must be reported within 30
days of the change and an interim recertification will be conducted. Participants may
choose to report other changes in income which are under $200.00 per month. If HAMC
considered fluctuations of income at the time of the annual recertification based on the
12 months prior to the annual recertification, an interim recertification will not be
completed.
For decreases, changes in rent for interim recertification will become effective the first of
69 HAMC HCV Administrative Plan

the month following the month in which the change was reported. For increases, if
reported timely (within 30 days) the increase will be effective after 30-day’s notice. If the
tenant is required to report an increase of income and the income is not reported timely,
the increase will be effective on the first of the month following the change and the tenant
may be required to enter into a repayment agreement and could be terminated for failing
to report required changes. A change will be considered “reported” when HAMC has
received all of the necessary documents to make the change.
11.5 Income Changes Resulting From Welfare Program Requirements
Decreases in income resulting from changes or discontinuance of welfare benefits will be
processed as follows:
 Tenant rent will not be decreased if welfare assistance is reduced because of fraud,
failure to participate in an economic self-sufficiency program, or noncompliance with
a work activities requirement.
 Tenant rent will be decreased if welfare assistance is reduced because of the
expiration of a lifetime time limit on receiving benefits or a situation where the family
has complied with welfare program requirements but cannot or has not obtained
employment.
70 HAMC HCV Administrative Plan

SECTION 12
PROGRAM MOVES AND PORTABILITY
12.1 General
HUD regulations permit families to move with continued assistance to another unit within
HAMC’s jurisdiction, or to a unit outside of HAMC’s jurisdiction under the program
portability provisions. The regulations also allow discretion to develop policies, which
define any limitations or restrictions on moves.
This Chapter defines the policies for moves, both within and outside of HAMC’s
jurisdiction, and the policies for restriction and limitations on moves.
12.2 Permissible Moves
Families will not be permitted to move during the initial year of occupancy. Assisted
families must lease the unit for at least one year before a voluntary move will be permitted.
Every effort will be made by HAMC to coordinate program moves with all regularly
scheduled annual activities. A family may be required to complete a recertification at the
time of the move or earlier if the scheduled recertification is due within 120 days.
Program move documents for mandatory moves may be issued at times other than
annual recertification for the following reasons:
 The Housing Assistance Payment Contract is terminated by HAMC for the owner’s
failure to comply with HQS or other terms of the contract;
 The owner has given the family a notice to vacate, or has commenced an action to
evict the family through no fault of the family;
 A household member is newly diagnosed with a disability, which requires a reasonable
accommodation.
 A family is requesting protections under VAWA
Prior to issuance of program move documents; the family must complete an annual
recertification process; must present a 30-day notice of intent to move form signed by the
owner indicating that the family is current with all rent payments, has caused no damages
beyond normal wear and tear, and is otherwise in compliance with all terms and
conditions of the lease agreement. Upon receipt of this form, program move documents
and a program move briefing will be provided to the family.
HAMC will approve a program move only with an effective lease date of the first day of
the month after the date in which the unit has passed the inspection. Exceptions will be
considered only for families exercising portability to another jurisdiction.
12.3 Portability
Applicants must reside within the jurisdiction of HAMC for a period of one year from the
time of application to be allowed to exercise portability. Portability applies to families
moving out of or into HAMC’s jurisdiction within the United States and its territories from
another geographic location.
71 HAMC HCV Administrative Plan

Within the limitations of the regulations and this policy, a participant family has the right
to receive tenant-based voucher assistance to lease a unit anywhere in the United States
where a Public Housing Authority operates a tenant-based assistance program.
To “port” to a jurisdiction outside of HAMC, the family must be income eligible under the
income limits of the jurisdiction to which they intend to port during the initial 12-month
period after admission to the program.
If a family desires to “port” to a jurisdiction with substantially higher (20% greater)
payment standards, HAMC will determine if sufficient budget authority is available to
support the family’s request for portability to that location. If there is not sufficient
budget authority, HAMC will work with the receiving PHA to determine their ability to
absorb the family. HAMC will approve all port requests when the receiving PHA is able
to absorb the family. The HAMC will provide written notification to the local HUD field
office within 10 business days of the date on which the HAMC determines it is
necessary to deny family moves due to insufficient funding.
If a family requests portability, the HAMC will provide the family with the contact
information for the receiving PHAs and the family chooses the receiving PHA. The
family may request the HAMC to choose the receiving PHA if that is the family’s
preference. HAMC will contact the “receiving” PHA in that jurisdiction and advise them
of the family’s intent. A voucher and corresponding portability documents will be issued
to the family.
HAMC will absorb all incoming portable families provided there is funding available. If
funding is not available, HAMC will administer the voucher on behalf of the initial PHA
and bill the initial PHA pursuant to HUD requirements. HAMC will notify the initial PHA of
their action to absorb or administer the voucher.
A HAMC voucher will be issued to the incoming family for the period of time remaining
on the voucher issued by the initial PHA plus an additional 30 days. All incoming
voucher holders must attend a new program briefing. The HAMC will suspend the term
of the voucher once the family submits a Request for Tenancy Approval (RFTA). The
suspension will end when the HAMC notifies the family in writing whether the RFTA has
been approved or denied.
HAMC will not permit families to exercise portability if the family is in violation of any family
obligations under their Housing Choice Voucher; if the family owes any money to HAMC;
or, if the family has vacated the assisted unit in violation of the lease agreement.
12.4 Billing Procedures
The receiving PHA is responsible for billing HAMC for 100% of the Housing Assistance
Payment and the lesser of:
 80% of the Initial Housing Authority’s Administrative Fee (including any pro-ration
amount as determined by HUD); or
 100% of the Receiving Housing Authority’s Administrative Fee (including any pro-
ration amount as determined by HUD)
72 HAMC HCV Administrative Plan

HAMC will not issue payment until a Portability Form HUD-52665 is received from the
receiving PHA within the time limits established by HUD. Late billings will not be
processed for payment and the receiving PHA will be so notified.
Payment beyond year one will only continue if HAMC receives the HUD 50058 form
indicating that an annual recertification has been completed in accordance with program
requirements.
73 HAMC HCV Administrative Plan

SECTION 13
CONTRACT TERMINATIONS
13.1 General
The Housing Assistance Payments (HAP) Contract is the contract between the owner
and HAMC, which defines the responsibilities of both parties.
This Chapter describes the circumstances under which the contract can be terminated by
HAMC and by the owner, and the policies for such terminations.
13.2 Contract Termination
The term of the HAP Contract is consistent with the term of the lease. The HAP Contract
may be terminated by HAMC, or by the owner, or may terminate automatically if the tenant
vacates the contract unit.
No future subsidy payments on behalf of the family will be made to the owner after the
month in which the contract is terminated. However, the owner may retain the housing
assistance payment for the month in which the unit was vacated.
If the family continues to occupy the unit after the HAP Contract is terminated, the family
is responsible for the total amount of rent due to the owner. After a contract termination,
if the family meets the criteria for a program move, the family may utilize their voucher in
another unit.
13.3 Termination of Tenancy by the Owner
If the owner wishes to terminate the lease, the owner is required to provide proper notice
as stated in the lease. During the term of the lease, the owner may not terminate the
tenancy except for the following grounds.
 Serious or repeated violations of the lease, including but not limited to failure to pay
rent or other amounts due under the lease, or repeated violation of the terms and
conditions of the lease;
 Other good cause because of something the family did or failed to do.
The owner must provide the tenant a written notice specifying the grounds for termination
of tenancy, before the commencement of any eviction action. The notice may be included
in, or may be combined with, any owner eviction notice to the tenant. The owner eviction
notice means a notice to vacate, or a complaint, or other initial pleading used under State
or local law to commence an eviction action.
If the owner has begun eviction and the family continues to reside in the unit, HAMC will
continue to make housing assistance payments to the owner until the owner has obtained
a court judgment or other process allowing the owner to evict the tenant and the tenant
has vacated the assisted unit. By receipt of the housing assistance payment, the owner
certifies that the tenant is still in the unit, the rent is reasonable and she/he is in
compliance with the contract.
74 HAMC HCV Administrative Plan

If an eviction is not due to a serious or repeated violation of the lease, and if HAMC has
no other grounds for termination of assistance, HAMC will issue a program move packet
so that the family can move with continued assistance.
13.4 Termination of the Contract by HAMC
The HAP Contract terminates automatically when the family vacates the unit regardless
of cause. The HAP Contract will also terminate if the assistance to the family is
terminated; funding is no longer available under the ACC Contract with HUD; or 180 days
have passed since the last HAP payment to the owner.
Notification will be provided to the owner and the tenant in accordance with the
requirements of the HAP Contract when action is taken by HAMC to terminate the
contract. The effective termination date will be the end of the month following the month
in which the notification was provided to the owner.
75 HAMC HCV Administrative Plan

SECTION 14
DENIAL OR TERMINATION OF ASSISTANCE
14.1 General
HAMC will deny or terminate assistance for a family because of the family's action or
failure to act. Families are provided with a written description of the Family Obligations
under the program, the grounds under which the PHA can deny or terminate assistance,
and procedures for informal hearings.
This Chapter describes when HAMC is required to deny or terminate assistance; the
policies for the denial of a new commitment of assistance; and, the grounds for
termination of assistance under an outstanding HAP Contract.
14.2 Denial/Termination
If denial or termination is based upon behavior resulting from a disability, HAMC will delay
the denial or termination in order to determine if there is an accommodation, which would
negate the behavior resulting from the disability.
Denial of assistance for an applicant may include any or all of the following:
 Denial for placement on the waiting list;
 Denying a voucher or withdrawing a voucher;
 Refusing to enter into a HAP Contract or approve a tenancy;
 Refusing to process or provide assistance under portability procedures;
Termination of assistance for a participant may include any or all of the following:
 Refusing to enter into a HAP Contract or approve a tenancy;
 Terminating housing assistance payments under an outstanding HAP contract;
 Refusing to process or provide assistance under portability procedures.
14.3 Mandatory Denial and Termination
In accordance with federal regulations, HAMC must deny assistance to applicants, and
terminate assistance for participants for the following reasons:
 If any member of the family fails to sign and submit HUD or PHA required consent
forms for obtaining information;
 If no member of the family is a U.S. citizen or eligible immigrant;
 If the family is under contract and 180 days have elapsed since the last housing
assistance payment was made;
 Persons convicted of manufacturing or producing methamphetamine in violation of
any Federal or State law;
 A participant family is evicted from housing assisted under the program for serious
violation of the lease;
 Any household member is currently engaging in illegal use of a drug;
76 HAMC HCV Administrative Plan

 A household member’s illegal drug use or a pattern of illegal drug use may threaten
the health, safety, or right to peaceful enjoyment of the premises by other residents.
A member of the household is subject to a lifetime registration requirement under a
State sex offender registration program.
14.4 Grounds for Denial or Termination of Assistance
In addition to the above mandatory reasons for denial and/or termination of assistance,
HAMC will deny program assistance to an applicant or terminate assistance to a
participant for any of the following reasons:
 The family violates any family obligation under the program as stated on the voucher;
 If any member of the family commits fraud, bribery or any other corrupt or criminal act
in connection with any federal housing program;
 The family currently owes rent or other amounts to HAMC or to another PHA in
connection with HCV or Public Housing assistance under the 1937 Act;
 The family has not reimbursed any PHA for amounts paid to an owner under a HAP
Contract for rent, damages to the unit, or other amounts owed by the family under the
lease;
 The family has engaged in or threatened abusive or violent behavior toward HAMC
personnel;
o "Abusive or violent behavior towards PHA personnel" includes verbal as well as
physical abuse or violence. Use of expletives that are generally considered
insulting, racial epithets, or other language, written or oral, that is customarily used
to insult or intimidate, may be cause for termination or denial.
o "Threatening" refers to oral or written threats or physical gestures that
communicate intent to abuse or commit violence.
o Actual physical abuse or violence will always be cause for termination.
 A member of the family’s drug or alcohol abuse interferes with the health, safety or
peaceful enjoyment of other project residents;
 If any member of the family commits drug-related criminal activity, or violent criminal
activity;
Drug - means a controlled substance as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
Drug-related criminal activity - is the illegal manufacture, sale, distribution, use or
possession with intent to manufacture, sell, distribute or use a controlled substance.
Violent criminal activity - includes any criminal activity that has as one of its elements
the use, attempted use, or threatened use of physical force against a person or property.
Covered person - means a tenant, any member of the tenant’s household, a guest or
another person under the tenant’s control.
Guest- means a person temporarily staying in the unit with the consent of a tenant or
other member of the household who has express or implied authority to so consent on
behalf of the tenant. The requirements of part 982 apply to a guest as so defined.
77 HAMC HCV Administrative Plan

Other person under the tenant’s control - means that the person, although not staying
as a guest (as defined in this chapter) in the unit, is, or was at the time of the activity in
question, on the premises because of an invitation from the tenant or other member of
the household who has express or implied authority to so consent on behalf of the tenant.
Absent evidence to the contrary, a person temporarily and infrequently on the premises
solely for legitimate commercial purposes is not under the tenant’s control.
Standard for Violation - HAMC will deny participation in the program to applicants and
terminate assistance to participants in cases where there is reasonable cause to believe
that a household member is illegally using a drug or if the person abuses alcohol in a way
that may interfere with the health, safety or right to peaceful enjoyment of the premises
by other residents, including cases where the PHA determines that there is a pattern of
illegal use of a drug or a pattern of alcohol abuse. HAMC will consider the use of a
controlled substance or alcohol to be a pattern if there is more than one incident during
the previous 12 months.
"Engaged in or engaging in" violent criminal activity - means any act within the past
3 years by an applicant or participant or household member which involved criminal
activity that has as one of its elements the use, attempted use, or threatened use of
physical force substantial enough to cause, or be reasonably likely to cause, serious
bodily injury or property damage, which resulted in the arrest and/or conviction of the
applicant, participant, or household member.
The existence of the above-referenced behavior by any household member, regardless
of the applicant or participant’s knowledge of the behavior, shall be grounds for denial or
termination of assistance.
14.5 Family Obligations
All obligations of the family are explicitly stated on the Housing Choice Voucher form
which serves as the contractual document between HAMC and program participants.
These obligations are discussed in detail with program participants at the mandatory
briefing sessions prior to admission to the program. Violation of any of these family
obligations will be grounds for termination of assistance.
14.6 Notice of Termination of Assistance
HAMC will provide a written notice of proposed termination of housing assistance, which
will include the following information:
 The family obligation that has been violated;
 The specific action(s) which occurred in violation of the family obligation;
 The effective date of the proposed termination,
 The family's right, if they disagree, to request an Informal Hearing to be held prior to
termination of assistance; and,
 The date by which a request for an informal hearing must be received by HAMC.
78 HAMC HCV Administrative Plan

HAMC will provide a copy of the proposed termination to the owner. The owner will be
notified if the termination is rescinded, otherwise, the HAP Contract with the owner will
also terminate effective the last day of the month in which the housing assistance was
terminated.
14.7 Required Evidence
HAMC will pursue fact-finding efforts as needed to obtain evidence for termination of
assistance. Pending termination actions will be based on the following rules of evidence:
 Preponderance of evidence is defined as evidence which is of greater weight or more
convincing than the evidence which is offered in opposition to it; that is, evidence
which as a whole shows that the fact sought to be proved is more probable than not.
The intent is not to prove criminal liability, but to establish that the act(s) occurred.
Preponderance of evidence may not be determined by the number of witnesses, but
by the greater weight of all evidence.
 Credible evidence may be obtained from police and/or court records. Testimony from
neighbors, when combined with other factual evidence can be considered credible
evidence. Other credible evidence includes documentation of drug raids or arrest
warrants.
.
14.8 Confidentiality of Criminal Records
HAMC will utilize a third party vendor to conduct criminal background reviews for each
adult household member. A notification of pass or fail will be the only document
maintained in the participant file. Electronic copies of the detailed criminal reports will be
maintained in the data system of the third party vendor for a limited period. Upon
disposition of all proposed terminations related to criminal activity, the electronic records
will be deleted.
Criminal data related to applicants will be secured and maintained using the same system
described above. Data for applicants will be maintained until any pending denial of
assistance action is completed. At that time, the data will be deleted from the electronic
database.
14.9 Housing Authority Discretion
In deciding whether to deny or terminate assistance because of action or failure to act by
members of the family, HAMC will consider all of the circumstances in each case,
including the seriousness of the case. HAMC will use its discretion in reviewing the extent
of participation or culpability of individual family members and the length of time since the
violation occurred.
HAMC will also review the family’s more recent history and record of compliance, and the
effects that denial or termination of assistance may have on other family members who
were not involved in the action or failure to act.
79 HAMC HCV Administrative Plan

14.10 Lease Violations
The following criteria will be used to decide if a serious or repeated violation of the lease
will result in termination of assistance:
 If the owner terminates tenancy through court action for serious or repeated violation
of the lease;
 If the owner notifies the family of termination of tenancy for serious or repeated lease
violations, and the family moves from the unit prior to the completion of court action,
and there are police reports, neighborhood complaints or other third party information
that has been verified by the PHA.
 Nonpayment of rent will always be considered a serious violation of the lease.
14.11 Notification of Eviction
If the family requests program move documents and an eviction is pending, HAMC will
not issue program move papers. However, if the program move papers are issued
because HAMC was not informed of the pending eviction and subsequently becomes
informed, HAMC will not approve a new tenancy. The voucher will be withdrawn until
such time that a determination is made as to the household’s violation of family
obligations.
14.12 Proposed Additions to the Family
HAMC will deny a family's request to add additional family members who are:
 Persons who have been evicted from Public Housing;
 Persons who have previously violated a family obligation listed in 24CFR 982.51 of
the HUD regulations;
 Persons who have been part of a family whose assistance has been terminated under
the Housing Choice Voucher Program;
 Persons who commit drug-related criminal activity or violent criminal activity;
 Persons who commit fraud, bribery or any other corrupt or criminal act in connection
with any federal housing program;
 Persons who currently owe rent or other amounts to HAMC or to any other PHA in
connection with the Housing Choice Voucher Program or Public Housing Assistance
under the 1937 Act; or
 Persons who have engaged in or threatened abusive or violent behavior toward PHA
personnel.
14.13 Limitation on Profit-making Activity in Unit
Families are encouraged to use the assisted unit for legal profit making ventures provided
that the owner and HAMC have approved such use at the time of initial lease up and such
use is in compliance with all State and local laws and ordinances. However, if the
business activity results in the inability of the family to use any of the critical living areas,
such as a bedroom, utilized for a business which is not available for sleeping, it will be
considered a violation of the family obligations and appropriate action will be taken.
80 HAMC HCV Administrative Plan

14.14 Missed Appointments and Deadlines
It is a Family Obligation to supply information, documentation, and certification as needed
for HAMC to comply with HUD regulations and fulfill its administrative responsibilities.
HAMC schedules appointments and sets deadlines in order to obtain required
information. The Obligations also requires that the family allow HAMC to inspect the unit,
and appointments are made for this purpose.
An applicant or participant who fails to keep an appointment, or to supply information
required by a deadline, may be sent a Notice of Denial or a Proposed Termination of
Assistance. The family will be given information about the requirement to keep
appointments and the number of times appointments will be rescheduled, if any, in
accordance with the various provisions of this plan.
The only acceptable reasons for missing appointments or failing to provide information by
deadlines are medical emergencies or official detainment.
Family obligations are clearly explained to the family and it is expected that the assisted
family will comply with these obligations. Thus, HAMC will provide families with only a
single opportunity to meet program requirements before being issued a notice of
termination or denial for breach of a family obligation.
After issuance of the proposed termination notice, if the family cures the breach of their
family obligation within the time allowed for requesting a hearing, the notice will be
rescinded and no further action will be taken.
81 HAMC HCV Administrative Plan

SECTION 15
OWNER PROHIBITIONS AND RESTRICTIONS
15.1 General
It is the policy of HAMC to recruit owners to participate in the Voucher program. HAMC
will provide owners with prompt and professional service in order to attract an adequate
supply of available housing for rent under the HCV program. Federal regulations define
when HAMC must prohibit an owner from participating in the program, and when HAMC
has the discretion to disapprove or otherwise restrict the participation of owners in certain
categories.
This Chapter describes the criteria for owner disapproval, and the various penalties for
owner violations.
15.2 Disapproval of Owner
Owners participate in the HCV Program at will and do not have a right of participation.
For purposes of this section, "owner" includes a principal, management agent or any other
party acting on behalf of an owner.
.
HAMC will prohibit the participation of property owners for any of the following reasons:
 The owner has been disbarred, suspended, or subject to a limited denial of
participation under 24 CFR part 24;
 An administrative or judicial action has been instituted against the owner for violation
of the Fair Housing Act or other federal equal opportunity requirements and such
action is pending investigation and/or resolution;
 A court or administrative agency has determined that the owner has violated the Fair
Housing Act or other federal equal opportunity requirements;
 The owner has violated obligations under a housing assistance payments contract
under Section 8 of the 1937 Act (42 U.S.C. 1437f);
 The owner has committed fraud, bribery or any other corrupt act in connection with
any federal housing program;
 The owner has engaged in drug-related criminal activity or any violent criminal activity;
 The owner has a history or practice of non-compliance with HQS for units leased under
the Section 8 programs or any other federal housing program;
 The owner has a history or practice of failing to terminate tenancy of tenants of units
assisted under Section 8 or any other federally assisted housing program for activity
by the tenant, any member of the household, a guest or another person under the
control of any member of the household that:
o Threatens the right to peaceful enjoyment of the premises by other residents;
o Threatens the health or safety of other residents, or of owner employees or other
persons engaged in management of the housing.
o Threatens the health or safety of, or the right to peaceful enjoyment of their
residences, by persons residing in the immediate vicinity of the premises;
o Is involved in drug-related criminal activity or violent criminal activity;
 The owner has not paid State or local real estate taxes, fines, other fees or
assessments.
82 HAMC HCV Administrative Plan

 The owner has failed to comply with regulations, the mortgage or note, or the
regulatory agreement for projects with mortgages insured by HUD or loans made by
HUD.
 The owner has had a property under a HAP contract with HAMC foreclosed within the
past 7 years.
15.3 Restriction of Immediate Family Members
HAMC is prohibited from approving a Housing Assistance Contract with an owner that is
the parent, child, grandparent, grandchild, sister or brother of any member of the
household to be assisted. However, this provision may be waived as a reasonable
accommodation for a family member who is a person with a disability, provided that the
assisted household has made reasonable efforts to locate other suitable housing and has
been unsuccessful.
In cases where the owner and tenant bear the same last name, HAMC will require the
family and owner to certify whether they are not related to each other in any way. Failure
to disclose relationship will be considered fraud and grounds for termination of tenancy
and prohibition of future program participation by the owner.
15.4 Owner Restrictions and Penalties
If an owner has committed fraud or abuse or is guilty of frequent or serious contract
violations, HAMC will restrict the owner from future participation in the program for a
period of time commensurate with the seriousness of the offense. HAMC may also
terminate any additional Housing Assistance Contracts with the owner.
Before imposing any penalty against an owner the PHA will review all relevant factors
pertaining to the case, and will consider such factors as the owner's record of compliance
and the number of violations.
15.5 Proof of Ownership and Other Documentation
Landlords will be required to provide proof of ownership prior to execution of a Housing
Assistance Contract. Acceptable documentation may include a Real Estate Act of Sale;
the property deed or title; or other acceptable legal documentation. Utility bills, insurance
documents or other such documents will not be considered sufficient evidence of
ownership.
Landlords will also be required to provide the following additional documentation prior to
execution of the HAP contract:
1. Proof that the mortgage on the property is current;
2. Proof that property taxes are current;
3. Proof of that the property is properly insured; and,
4. Proof of payment of all business license fees and other debt owed to Maricopa County
or the corresponding municipal jurisdiction where the property to be assisted is
located.
83 HAMC HCV Administrative Plan

On an annual basis, landlords will be required to provide an updated mortgage statement
reflecting that the mortgage on the property remains in good standing.
If the tenant has moved into the unit prior to HAMC approval of the HAP contract, the
tenant will be responsible for the full amount of the rent.
The Housing Assistance Payments Contract will be executed in the format as indicated
on the proof of ownership. Ownership by more than one individual will require execution
of all parties or appropriate legal documentation such as power of attorney, which
designates a single individual to act on behalf of all owners. Designation of a
management agent or other payee will be approved with appropriate legal documentation
signed and notarized by all owners of the property.
HAMC will approve the assignment and transfer of a HAP contract to a new owner at the
request of an owner of record. The change of ownership will be processed upon written
request accompanied by appropriate documentation described above provided by the
new owner.
84 HAMC HCV Administrative Plan

SECTION 16
OWNER OR FAMILY DEBTS
16.1 General
This chapter describes HAMC’s policies for the recovery of monies, which have been
overpaid for families, and to owners. It describes the methods that will be utilized for
collection of monies and the guidelines for different types of debts. It is HAMC’s policy to
meet the informational needs of owners and families, and to communicate the program
rules in order to avoid owner and family debts. Before a debt is assessed against a family
or owner, the file must contain documentation to support HAMC’s claim that the debt is
owed. The file must further contain written documentation of the method of calculation, in
a clear format for review by the owner; the family or other interested parties.
When families or owners owe money to HAMC, every effort will be made to collect it.
HAMC will use a variety of collection tools to recover debts including, but not limited to
Requests for lump sum payments; Civil suits; Abatements; Reductions in HAP to owner;
Collection agencies; Credit bureaus; and, Income tax set-off programs.
16.2 Program Fraud / Unreported / Under Reported
The definition of program fraud and abuse is a single act or pattern of actions that:
“Constitutes false statement, omission, or concealment of a substantive fact, made
with intent to deceive or mislead, and that results in payment of HCV program
funds in violation of HCV program requirements.”
Families who owe money to HAMC due to program fraud, not reporting or under reporting
will be required to repay HAMC in full within 30 days from the date that HAMC notifies the
family of the amount owed if the amount is under $200. For amounts owed greater than
$200, the family will be required to enter into a repayment agreement with the HAMC
within 30 days. The HAMC will provide the Notice of Debt and the Repayment Agreement.
Within the 30 day period the family must return the signed Agreement and provide a $200
deposit toward the debt. Should the family fail to enter into the Repayment Agreement
and pay the $200 deposit within 30 days, the HAMC will proceed with proposed
termination and the option for repayment will no longer be available. Repayment
Agreements must be repaid within 12 months from the effective date of the Repayment
Agreement or a proposed termination letter will be issued. Any 2nd or repeated offense
must be repaid within 30 days and no secondary Repayment Agreement will be
authorized. Any further failure to report required income will be grounds for termination.
If a family owes an amount, which equals or exceeds $5,000 as a result of program fraud,
not reporting or under reporting, HAMC will refer the case for criminal prosecution and to
the HUD Inspector General.
16.3 Owner Debts to the PHA
If HAMC determines that the owner has retained housing assistance payments the owner
is not entitled to, HAMC will reclaim the amounts from future housing assistance owed
the owner for any units under contract.
85 HAMC HCV Administrative Plan

If future housing assistance is insufficient to reclaim the amounts owed, HAMC will require
the owner to pay the amount in full within 30 days from notification. If the owner fails to
pay the amount owed within the specified time period, HAMC will pursue collections
through the local court system and restrict the owner from future program participation.
16.4 Writing-off Debts
Debts owed to the HCV Program from program participants or owners will be reviewed
each year to determine if such debts are valid and collectible. Debts will be written off if:
 The debtor's whereabouts are unknown and the debt is more than 3 years old;
 A determination is made that the debtor is judgment proof;
 The debtor is deceased;
 The debtor is confined to an institution indefinitely or for more than 3 years; or,
 The amount is less than $100.00 and the debtor cannot be located.
86 HAMC HCV Administrative Plan

SECTION 17
COMPLAINTS AND APPEALS
17.1 General
The informal hearing requirements defined in HUD regulations are applicable to
participating families who disagree with an action, decision, or inaction of HAMC.
This chapter describes the policies to be used when families disagree with an HAMC
decision. The requirements are explained for informal reviews and hearings. It is the
policy of the HAMC to ensure that all families have the benefit of all protections due to
them under the law.
17.2 General Complaints
HAMC will respond promptly to complaints from families, owners, employees, and
members of the public. All complaints must be provided to HAMC in writing with the
exception of complaints regarding HQS violations. Program participants may report
HQS violations via telephone.
17.3 Informal Review for Applicants
Informal reviews apply to applicants: those families for which a Housing Assistance
Payments contract has not yet been executed. HAMC will provide applicants with the
opportunity for an informal review of decisions denying the following actions:
 Listing on or removal from the waiting list;
 Issuance of a voucher;
 Participation in the program; and,
 Assistance under portability procedures.
When HAMC determines that an applicant is ineligible for the program, the family will be
notified of their ineligibility in writing. The notice will contain:
 The reason(s) they are ineligible;
 The procedure for requesting a review if the applicant does not agree with the
decision; and,
 The time limit for requesting a review.
When denying admission for criminal activity HAMC will provide the subject of the record
and the applicant with a copy of the criminal record upon which the decision to deny was
based. It will be the responsibility of the applicant to resolve any incorrect information
reported in the criminal report.
Informal reviews are not required and will not be provided for established policies and
procedures and HAMC determinations such as:
87 HAMC HCV Administrative Plan

 Discretionary administrative determinations by the HAMC
 General policy issues or class grievances
 A determination of the family unit size under the HAMC subsidy standards
 Refusal to extend or suspend a voucher
 A HAMC determination not to grant approval of the tenancy
 Determination that unit is not in compliance with HQS
 Determination that unit is not in accordance with HQS due to family size or
composition
17.4 Procedure for Review
A request for an informal review must be received in writing by the close of the business
day, no later than 10 days from the date of the HAMC's notification of denial of assistance.
The informal review will be scheduled within 30 days from the date the request is received.
All reviews will be conducted by an individual other than the person who rendered the
original decision.
In order to expedite the review and provide improved service to customers, HAMC will
encourage the review to be conducted by telephone if acceptable to the applicant. The
applicant will be given the option of presenting oral or written objections to the decision.
Both the HAMC and the family may present evidence and witnesses. The family may use
an attorney or other representative to assist them at their own expense.
A notice of the review findings will be provided in writing to the applicant within 15 days
after the review. It shall include the decision of the review officer, and an explanation of
the reasons for the decision. All requests for a review, supporting documentation, and a
copy of the final decision will be retained in the family's file.
17.5 Informal Hearings for Participants
Hearings are only available to program participants. Participants are households in which
a HAP contract has been executed. Prior to execution of the HAP contract, all households
are considered applicants and are only entitled to a review as described above. Hearing
procedures will be provided to families in the briefing packet at the time of issuance of the
voucher.
HAMC will provide participants with prompt notice of determinations, which will include:
 The proposed action or decision of the HAMC;
 The date the proposed action or decision will take place;
 The family's right to an explanation of the basis for the HAMC's decision.
 The procedures for requesting a hearing if the family disputes the action or decision;
 The time limit for requesting the hearing.
When denying admission for criminal activity HAMC will provide the subject of the record
and the applicant with a copy of the criminal record upon which the decision to deny was
based. It will be the responsibility of the applicant to resolve any incorrect information
reported in the criminal report.
88 HAMC HCV Administrative Plan

HAMC will provide participants with the opportunity for an informal hearing for decisions
related to any of the following determinations. The opportunity for an informal hearing will
be provided before termination of assistance.
 Determination of the family's annual or adjusted income and the computation of the
housing assistance payment;
 Determination to terminate assistance for any reason; and,
Informal hearings are not required for established policies and procedures and HAMC
determinations such as:
 Discretionary administrative determinations by the HAMC
 General policy issues or class grievances
 Establishment of the HAMC schedule of utility allowances for families in the program
 A HAMC determination not to approve an extension or suspension of a voucher term
 A HAMC determination not to approve a unit or lease
 A HAMC determination that an assisted unit is not in compliance with HQS unless the
non-compliance is the result of family obligations
 A HAMC determination to exercise or not exercise any right or remedy against the
owner under a HAP contract
17.6 SELECTION OF HEARING OFFICER
The informal hearing will be conducted by an impartial person or persons appointed by
the HAMC, other than the person who made or approved the HAMC action under
review, or a subordinate of such person. The hearing officer brings some essential
qualities to the role. The Hearing officer should be an individual with a reputation for
ethical behavior and responsibility within and/or outside of the agency which include
the following attributes:
• Fairness
• Impartiality
• Thoroughness
• Timeliness
17.7 Notification of Hearing
It is HAMC’s objective to resolve disputes at the lowest level possible, and to make every
effort to avoid the most severe remedies. However, if this is not possible, the HAMC will
ensure that participants will receive all of the protections and rights afforded by the law
and the regulations.
A request for a hearing must be received in writing by the close of the business day, no
later than 10 days from the date of the HAMC's notification of proposed termination. The
hearing will be scheduled within 30 days from the date the request is received. All
hearings will be conducted by an individual other than the person who rendered the
original decision. The notice of proposed termination shall include the following
information:
89 HAMC HCV Administrative Plan

 The date and time of the hearing;
 The location where the hearing will be held;
 The family's right to bring evidence, witnesses, legal or other representation at the
family's expense;
 The right to view any documents or evidence in the possession of the HAMC upon
which the HAMC based the proposed action and, at the family's expense, to obtain a
copy of such documents prior to the hearing.
 A notice to the family that the HAMC will request a copy of any documents or evidence
the family will use at the hearing.
Requests for documents or evidence must be received by each party no later than 15
days before the scheduled hearing date.
17.8 Hearing Procedures
After a hearing date is confirmed, the family may request to reschedule only upon showing
"good cause," which is defined as an unavoidable conflict which seriously affects the
health, safety or welfare of the family. If a family does not appear at a scheduled hearing
and has not rescheduled the hearing in advance, the scheduled hearing will still take
place. HAMC may reschedule the hearing only if the family can show good cause for the
failure to appear.
Families have the right to:
 Present written or oral objections to the HAMC's determination;
 Examine the documents in the file which are the basis for the HAMC's action, and all
documents submitted to the Hearing Officer;
 Copy any relevant documents at their expense;
 Present any information or witnesses pertinent to the issue of the hearing;
 Request that HAMC staff be available or present at the hearing to answer questions
pertinent to the case; and
 Be represented by legal counsel, advocate, or designated representatives at their own
expense.
If the family requests copies of documents relevant to the hearing, HAMC will make the
copies for the family and assess a charge of $.25 per copy. In no case will the family be
allowed to remove the file from the HAMC's office. HAMC will redact any information
which will not be used in the hearing against the family as evidence.
In addition to other rights contained in this Chapter, the HAMC has a right to:
 Present evidence and any information pertinent to the issue of the hearing;
 Be notified if the family intends to be represented by legal counsel, advocate, or
another party;
 Examine and copy any documents to be used by the family prior to the hearing;
 Have its attorney present; and
 Have staff persons and other witnesses familiar with the case present.
90 HAMC HCV Administrative Plan

All hearings will be conducted by an individual other than the person who rendered the
original decision.
The hearing shall concern only the issues for which the family has received the
opportunity for hearing. Evidence presented at the hearing may be considered without
regard to admissibility under the rules of evidence applicable to judicial proceedings. No
documents may be presented which have not been provided to the other party before the
hearing if requested by the other party. "Documents" includes records and regulations.
The Hearing Officer may ask the family for additional information and/or might adjourn
the hearing in order to reconvene at a later date, before reaching a decision. If the family
misses an appointment or deadline ordered by the Hearing Officer, the action proposed
by HAMC shall take effect and another hearing will not be granted.
The Hearing Officer will determine whether the action, inaction or decision of the HAMC
is legal in accordance with HUD regulations and this Administrative Plan based upon the
evidence and testimony provided at the hearing. Factual determinations relating to the
individual circumstances of the family will be based on a preponderance of the evidence
presented at the hearing.
A notice of the hearing findings shall be provided in writing to the HAMC and the family
within 15 days and shall include:
 A clear summary of the decision and reasons for the decision;
 If the decision involves money owed, the amount owed;
 The date the decision goes into effect.
The HAMC is not bound by hearing decisions:
 Which concern matters in which the HAMC is not required to provide an opportunity
for a hearing;
 Which conflict with or contradict to HUD regulations or requirements;
 Which conflict with or contradict Federal, State or local laws; or
 Which exceed the authority of the person conducting the hearing.
The HAMC shall send a letter to the participant if it determines the HAMC is not bound
by the Hearing Officer's determination within 15 days from the date of the letter issued by
the Hearing Officer. The letter shall include the HAMC's reasons for the decision.
All requests for a hearing, supporting documentation, and a copy of the final decision will
be retained in the family's file.
17.9 Provisions for "Restrictions on Assistance to Non-Citizens"
Assistance to the family may not be delayed, denied or terminated on the basis of
immigration status at any time prior to the receipt of a decision if the family has a pending
appeal with INS.
91 HAMC HCV Administrative Plan

17.10 INS Determination of Ineligibility
If a family member claims to be an eligible immigrant and the INS SAVE system and
manual search do not verify the claim, the HAMC notifies the applicant or participant
within 15 days of their right to file an appeal with INS within thirty days from the notification
from HAMC; or of their right to request an informal review or hearing with HAMC, either
in lieu of or subsequent to the INS appeal.
If the family appeals to the INS, they must give HAMC a copy of the appeal and proof of
mailing or the HAMC may proceed to deny or terminate assistance. The time period to
request an appeal may be extended by HAMC for good cause. The request for an HAMC
hearing must be made within 10 days of receipt of the notice offering the hearing or, if an
appeal was made to the INS, within 10 days of receipt of that notice.
After receipt of a request for an informal review or hearing, HAMC will conduct such
review or hearing in accordance with the policies described above. If the hearing officer
decides that the individual is not eligible, and there are no other eligible family members
the HAMC will:
 Deny the applicant family
 Defer termination if the family is a participant and qualifies for deferral
 Terminate the participant if the family does not qualify for deferral
If there are eligible members in the family, HAMC will prorate assistance pursuant to HUD
regulations.
All other complaints related to eligible citizen/immigrant status shall be handled as follows:
 If any family member fails to provide documentation or certification as required by the
regulation, that member is treated as ineligible. If all family members fail to provide,
the family will be denied or terminated for failure to provide.
 Participants whose termination is carried out after temporary deferral may not request
a hearing since they had an opportunity for a hearing prior to the termination.
 Participants whose assistance is pro-rated (either based on their statement that some
members are ineligible or due to failure to verify eligible immigration status for some
members after exercising their appeal and hearing rights described above) are entitled
to a hearing based on the right to a hearing regarding determinations of Tenant Rent
and Total Tenant Payment.
 Families denied or terminated for fraud in connection with the non-citizens rule are
entitled to a review or hearing in the same way as terminations for any other type of
fraud.
17.11 Mitigating Circumstances for Individuals with Disabilities
When applicants are denied placement on the waiting list, or HAMC is terminating
assistance, the family will be informed that presence of a disability may be considered as
a mitigating circumstance during the review or hearing process. Such circumstances
shall be considered when making the final determination of the review or hearing.
92 HAMC HCV Administrative Plan

SECTION 18
SPECIAL HOUSING TYPES
18.1 General
HAMC will limit the use of special housing arrangements in the Housing Choice Voucher
Program to manufactured homes. All other special housing types will not be approved
for use with the Housing Choice Voucher
HAMC will not set aside any program funding from the Housing Choice Voucher Program
for use in special housing types. However, HAMC will administer any vouchers it may
receive from HUD as the result of a national set aside for special program types.
18.2 Manufactured Homes
A manufactured home is a structure that is built on a permanent chassis, is designed for
use as a principal residence but is movable, is not anchored to a foundation but does
have tie downs. The HAMC will permit a family to lease a manufactured home and space
with assistance under the program. The HAMC will also provide assistance for a family
that owns the manufactured home and leases only the space.
Rent and utility allowances are calculated for manufactured homes in the same manner
as single family homes.
A manufactured home must meet all the HQS requirements. In addition, the
manufactured home also must meet the following requirements:
 A manufactured home must be placed on the site in a stable manner, and must be
free from hazards such as sliding or wind damage.
 A tie-down device that distributes and transfers the loads imposed by the unit to
appropriate ground anchors to resist wind overturning and sliding must securely
anchor a manufactured home.
18.3 Manufactured Home Space Rental
Rent to owner for a manufactured home space will include payment for maintenance
services that the owner must provide to the tenant under the lease for the space. Rent
to owner does not include the cost of utilities and trash collection for the manufactured
home.
However, the owner may charge the family a separate fee for the cost of utilities or trash
collection provided by the owner.
During the assisted tenancy, the rent to owner for the manufactured home space may not
exceed a reasonable rent as determined by HAMC. The HAMC will determine whether
the rent to owner for a manufactured home space is a reasonable rent in comparison to
rents for other comparable manufactured home spaces. The HAMC will consider the size
and location of the space and any services and maintenance provided by the owner in
accordance with the lease.
93 HAMC HCV Administrative Plan

By accepting each monthly housing assistance payment from the HAMC, the owner of
the manufactured home space certifies that the rent to owner for the space is not more
than rent charged by the owner for unassisted rental of comparable spaces in the same
manufactured home park or elsewhere. If requested by the HAMC, the owner must
provide the HAMC information on rents for other manufactured home space.
The FMR for a manufactured home space will be determined by HUD and published
annually. The initial rent to owner for leasing a manufactured home space may not exceed
the published FMR for a manufactured home space. The FMR for rental of a
manufactured home space is generally 40 percent of the published FMR for a two-
bedroom unit. HAMC will utilize the HUD published amount as the payment standard for
manufactured home space.
During the term of a voucher tenancy, the amount of the monthly housing assistance
payment for a family will equal the lesser of:
 The payment standard minus the total tenant payment; or
 The rent paid for rental of the real property on which the manufactured home owned
by the family is located (the space rent) minus the total tenant payment.
The space rent is the sum of the following as determined by the HAMC:
 Rent to owner for the manufactured home space;
 Owner maintenance and management charges for the space;
 The utility allowance for tenant paid utilities.
The HAMC will establish utility allowances for manufactured home space rental if a
voucher family requests to utilize their voucher for this purpose. If HAMC has not
vouchers being used for this purpose, a utility allowance schedule will not be developed.
For the first twelve months of the initial lease term only, the allowances will include a
reasonable amount for utility hook-up charges payable by the family, if the family actually
incurs the expenses because of a move.
Allowances for utility hook-up charges do not apply to a family that leases a manufactured
home space in place. Utility allowances for manufactured home space will not be applied
to cover the costs of digging a well or installation of a septic system.
94 HAMC HCV Administrative Plan

SECTION 19
PROGRAM INTEGRITY
19.1 General
HAMC is committed to assuring that the proper level of benefits is paid to all participating
families, and that housing resources reach only income-eligible families so that program
integrity can be maintained. The HAMC will take all steps necessary to prevent fraud,
waste, and mismanagement so that program resources are utilized judiciously.
This Chapter outlines HAMC’s policies for the prevention, detection and investigation of
program abuse and fraud.
19.2 Criteria for Investigation of Suspected Abuse and Fraud
Under no circumstances will HAMC undertake an inquiry or an audit of a participating
family arbitrarily. The HAMC's expectation is that participating families will comply with
HUD requirements, provisions of the voucher, and other program rules. The HAMC staff
will make every effort (formally and informally) to orient and educate all families in order
to avoid unintentional violations. However, the HAMC has a responsibility to HUD, to the
Community, and to eligible families in need of housing assistance, to monitor participants
and owners for compliance and, when indicators of possible abuse come to the HAMC's
attention, to investigate such claims.
HAMC will initiate an investigation of a participating family only in the event of one or more
of the following circumstances:
Referrals, Complaints, or Tips. HAMC will follow up on referrals from other agencies,
companies or persons which are received by mail, by telephone or in person, which allege
that a family is in non-compliance with, or otherwise violating the family obligations or any
other program rules. Such follow-up will be made providing that the referral contains at
least one item of information that is independently verifiable. A copy of the allegation will
be retained in the family's file.
Internal File Review. A follow-up will be made if HAMC staff discovers (as a function of
a certification or recertification, an interim redetermination, or a quality control review),
information or facts which conflict with previous file data, the HAMC's knowledge of the
family, or is discrepant with statements made by the family.
Verification of Documentation. A follow-up will be made if the HAMC receives
independent verification or documentation which conflicts with representations in the
family's file (such as public record information or credit bureau reports, reports from other
agencies).
95 HAMC HCV Administrative Plan

19.3 Steps to Prevent Program Abuse and Fraud
HAMC Staff will maintain a high level of awareness to indicators of possible abuse and
fraud by assisted families. A variety of methods and practices to prevent program abuse,
non-compliance, and willful violations of program rules by applicants and participating
families will be undertaken by HAMC. This policy objective is to establish confidence and
trust in the management by emphasizing education as the primary means to obtain
compliance by families.
Program Orientation Session. Mandatory briefing sessions will be conducted by the
HAMC staff for all prospective program participants, either prior to or upon issuance of a
voucher. At the conclusion of all Briefing Sessions, the family representative will be
required to sign a "Program Briefing Certificate" to confirm that all rules and pertinent
regulations were explained to them.
Participant Counseling. HAMC will routinely provide participant counseling as a part of
every recertification interview in order to clarify any confusion pertaining to program rules
and requirements.
Review and explanation of Forms. Staff will explain all required forms and review the
contents of all (re)certification documents prior to signature.
Quality Control File Reviews. Prior to initial certification, and at the completion of all
subsequent recertifications, a percent of participant files will be reviewed by a supervisor.
Such reviews shall include, but are not limited to:
 Assurance that verification of all income and deductions is present including a current
EIV report.
 Changes in reported Social Security Numbers or dates of birth.
 Authenticity of file documents.
 Ratio between reported income and expenditures.
 Review of signatures for consistency with previously signed file documents.
 All forms are correctly dated and signed.
Observation. HAMC Staff will maintain high awareness of circumstances which may
indicate program abuse or fraud, such as unauthorized persons residing in the household
and unreported income.
Public Record Bulletins may be reviewed by Management and Staff.
Credit Bureau Inquiries. Credit Bureau inquiries may be made (with proper authorization
by the participant) in the following circumstances:
 For households that claim zero income;
 When an allegation is received by the HAMC wherein unreported income sources are
disclosed.
 When HAMC has reasonable suspicion that family has failed to report proper
information.
96 HAMC HCV Administrative Plan

19.4 Handling of Allegations of Possible Abuse and Fraud
HAMC staff will encourage all participating families to report suspected abuse. HAMC
will conduct a preliminary review of allegations to determine their validity. All such
referrals, as well as referrals from community members and other agencies, will be
thoroughly documented and placed in the participant's file.
All allegations, complaints and tips will be carefully evaluated in order to determine if they
warrant follow-up. HAMC will not follow up on allegations which are vague or otherwise
non-specific. HAMC will review allegations, which contain one or more independently
verifiable facts.
File Review. An internal file review will be conducted to determine: If the subject of the
allegation is a client of the HAMC and, if so, to determine whether or not the information
reported has been previously disclosed by the family. It will then be determined if HAMC
is the most appropriate authority to do a follow-up (more so than police or social services).
Any file documentation of past behavior as well as corroborating complaints will be
evaluated.
Conclusion of Preliminary Review. If at the conclusion of the preliminary file review
there is/are fact(s) contained in the allegation which conflict with file data, and the fact(s)
are independently verifiable, HAMC will initiate an investigation to determine if the
allegation is true or false.
19.5 Investigation of Allegations of Abuse and Fraud
If the HAMC determines that an allegation may be true, further investigation will be
undertaken. The steps taken will depend upon the nature of the allegation and may
include, but are not limited to, the items listed below. In all cases, HAMC will secure the
written authorization from the program participant for the release of information.
Credit Bureau Inquiries. In cases involving previously unreported income sources, a
CBI inquiry may be made to determine if there is financial activity that conflicts with the
reported income of the family.
Verification of Credit. In cases where the financial activity conflicts with file data, a
Verification of Credit form may be mailed to the creditor in order to determine the
unreported income source.
Employers and Ex-Employers. Employers or ex-employers may be contacted to verify
wages which may have been previously undisclosed or misreported.
Neighbors/Witnesses. Neighbors and/or other witnesses may be interviewed who are
believed to have direct or indirect knowledge of facts pertaining to the HAMC's review.
Other Agencies. Investigators, caseworkers or representatives of other benefit agencies
may be contacted.
97 HAMC HCV Administrative Plan

Public Records. If relevant, the HAMC will review public records kept in any jurisdictional
courthouse. Examples of public records which may be checked are: real estate, marriage,
divorce, uniform commercial code financing statements, voter registration, judgments,
court or police records, state wage records, utility records and postal records.
Interviews with Head of Household or Family Members. The HAMC will discuss the
allegation (or details thereof) with the Head of Household or family member by scheduling
an appointment at the appropriate HAMC office.
The HAMC staff person who conducts such interviews will maintain a high standard of
courtesy and professionalism. Under no circumstances will management tolerate
inflammatory language, accusation, or any unprofessional conduct or language. If
possible, an additional staff person will attend such interviews.
Documents and other evidence obtained by the HAMC during the course of an
investigation will be considered "work product" and will be kept in a separate "work file."
Such cases under review will not be discussed among HAMC Staff unless they are
involved in the process, or have information, which may assist in the investigation.
At the conclusion of the investigative review, HAMC will determine whether a violation
has occurred, a violation has not occurred, or if the facts are inconclusive. If it is
determined that a program violation has occurred, the HAMC will review the facts to
determine:
 The type of violation (procedural, non-compliance, fraud);
 Whether the violation was intentional or unintentional.
 What amount of money (if any) is owed by the family.
 If the family is eligible for continued occupancy.
19.6 Action for Documented Violations
Once a program violation has been documented, HAMC will take the appropriate action
including proposed termination of assistance and other legal action as described in this
Plan.
98 HAMC HCV Administrative Plan

SECTION 20
SECTION 8 MANAGEMENT ASSESSMENT PROGRAM
20.1 General
The U. S. Department of Housing and Urban Development implemented the Section 8
Management Assessment Program (SEMAP) on October 13, 1998 to serve as a
management tool for objectively measuring program compliance, identifying
management capabilities and deficiencies, as well as improving risk assessment for
potential program problems. SEMAP also provides local housing agencies with a
structured self-assessment system for evaluating the tenant-based rental assistance
programs. It is HAMC’s policy to manage the Housing Choice Voucher Program to assure
an ultimate program performance and achieve high performance status each year.
20.2 Performance Indicators
The following performance indicators have been established to help meet HUD’s overall
goal of getting the right Section 8 families in the right units at the right cost. Effective
delivery of rental assistance and family-self-sufficiency goals is also measured. The
individual indicators and their assigned points are presented below.
Performance Indicator Total Possible
Points
1. Selection from the Waiting List 15
2. Rent Reasonableness 20
3. Adjusted Income 20
4. Utility Allowance 5
5. HQS Quality Control 5
6. HQS Enforcement 10
7. Expanding Housing Opportunity 5
8. Payment Standards 5
9. Annual Reexaminations 10
10. Tenant Rent Calculations 5
11. Pre-Contract HQS Inspections 5
12. Annual Inspections 10
13. Lease-Up 20
14. FSS Escrow Accounts 10
15. Deconcentration Bonus 5
TOTAL POSSIBLE POINTS 150
High Performer: 90+%
Standard Performer: 61-89% Troubled: <=60%
20.3 Certification Period
HAMC is required to submit a certification to HUD by August 29th of each year for the
period from July 1st through June 30th (HAMC’s fiscal year).
99 HAMC HCV Administrative Plan

20.4 The SEMAP Certification Process
Each year, HAMC will conduct a SEMAP confirmatory review. This review will be
conducted by an individual that is not responsible for the day to day operations of the
program. A detailed review, narrative report and supporting documentation will be
prepared and presented to the HAMC Board of Commissioners to support the annual
SEMAP certification that is approved by the Board. The certification for each of the
performance indicators will be supported by documentation from the following sources:
 Family files and Lindsey computer records
 Public Housing Information Center (PIC)
 Management files, marketing materials, studies, and surveys.
20.5 Family Files and CCS Computer Records
A random sample of family files and CCS Computer Records along with management
files, marketing materials, studies and surveys were reviewed to support the following
SEMAP indicators:
 Indicator 1: Selection from the Waiting List
 Indicator 2: Rent Reasonableness
 Indicator 3: Adjusted Income
 Indicator 4: Utility Allowance Schedule
 Indicator 5: HQS Quality Control
 Indicator 6: HQS Enforcement
 Indicator 7: Expanding Housing Opportunities
 Indicator 8: Payment Standards
 Indicator 15: De-concentration (Bonus)
20.6 PIC Data
The Public Housing Information Center (PIC) is a national database of all families
received housing assistance under the Housing Choice Voucher Program and the Public
Housing Program. The HAMC will review SEMAP PIC data monthly to ensure high
performance. Family information is electronically submitted to PIC upon completion of a
HUD 50058 Family Report. HAMC will maintain a successful submission greater than
95% each year. The following SEMAP indicators are evaluated based on information
from the PIC database.
 Indicator 9: Annual Reexaminations
 Indicator 10: Tenant Rent Calculations
 Indicator 11: Pre-Contract HQS
 Indicator 12: Annual Inspections
 Indicator 13: Lease-Up
 Indicator 14: FSS Enrollment and Escrow Account
100 HAMC HCV Administrative Plan

20.7 Summary by Indicator
Indicator 1: Selection from the Waiting List - The purpose of this indicator is to
determine whether the local housing agency has written admission policies in its
Administrative Plan and to confirm whether the agency follows their admission policies
when selecting applicants from the waiting list. The Administrative Plan must be formally
adopted by the Housing Authority and must be submitted to HUD.
HUD will rate this indicator on the SEMAP certification. An agency can earn either all or
none of the 15 points for this indicator. To earn all 15 points, the review must confirm that
the agency has written admissions policies in it Administrative Plan and at least 98% of
the families in the sample were selected from the waiting list in accordance with these
policies and met the selection criteria that determined their places on the waiting list and
their order of selection.
Indicator 2: Rent Reasonableness - The purpose of this indicator is to determine
whether the housing agency has implemented a written, reasonable method for
determining and documenting the rent charged for each unit leased. The method used
must ensure that the rent charged is reasonable based on current rents for comparable
unassisted units at the time of initial leasing; when there is any increase in the rent to
owner; and at the HAP contract anniversary if there is a 5 percent decrease in the
published FMR in effect 60 days before the HAP contract anniversary.
This indicator will be rated by HUD on the HAMC’s SEMAP certification. An agency can
earn a maximum of 20 points for this indicator if the review confirms that:
 The HAMC has a reasonable method it follows to determine reasonable rent which
considers location, size, type, quality, and age of the units, and the amenities, housing
services, and maintenance and utilities provided by the owner; and
 A random sample of tenant files demonstrates that the rent reasonable system was
used and documented in 98% of the files sampled for initial lease-up, any rent increase
to owner, and if there is a 5% decrease in the published FMR in effect 60 days prior
to the HAP contract anniversary.
Fifteen points can be earned if the review confirms that the above criterion is met in 80-
97% of the units sampled for the review. Zero points are earned if the rent
reasonableness method is used and documented in less than 80% of the random
sample files that are reviewed.
Indicator 3: Adjusted Income - The purpose of this indicator is to determine whether
the housing agency has verified and correctly determined adjusted annual income for
each assisted family at the time of admission; and at annual reexamination.
This indicator will be rated by HUD on the SEMAP certification. An agency can earn a
maximum of 20 points for this indicator if the review confirms that based on a random
sample in at least 90% of the families:
101 HAMC HCV Administrative Plan

 The HA obtains 3rd party verification of reported family income, the value of assets
totaling more than $5000, expenses related to deductions from annual income and
other factors that affect the determination of adjusted income, and/or the HA
documents in tenant files why third party verification was not available;
 The HA properly attributes and calculates allowances for any medical, child care,
and/or disability assistance expenses; and
 The HAMC uses the appropriate utility allowance to determine gross rent for the unit
leased.
Fifteen points can be earned if the review confirms that the above criteria are met in 80-
89% of the files sampled for the review. Zero points are earned if adjusted income
determinations are correct and properly documented in less than 80% of the random
sample files reviewed.
Indicator 4: Utility Allowance Schedule - The objective of this indicator is to determine
whether the HAMC maintains an up-to-date utility allowance schedule in accordance with
HUD program regulations,
This indicator will be rated by HUD on the SEMAP certification. An agency can earn a
maximum of 5 points for this indicator if the review confirms that the HAMC reviewed
utility rate data within the last 12 months, and adjusted its utility allowance schedule if
there has been a change of 10 percent or more in a utility rate since the last time the utility
allowance schedule was revised.
Indicator 5: HQS Quality Control Inspections - The purpose of this indicator is to
determine whether a HAMC supervisor or other qualified person re-inspects a sample of
the units under contract during the last completed HAMC fiscal year. The quality control
inspection process tests consistency in adherence to the Housing Quality Standards and
also helps to determine if inspectors require additional training.
This indicator will be rated by HUD on the HAMC’s SEMAP certification. An agency can
earn a maximum of 5 points for this indicator, if the review confirms that:
 A sample of assisted units were quality control inspected based on the sample size
required for the number of units under contract.
 The sample represents units recently inspected (HQS inspections perform during the
3 months preceding the quality control inspection)
 The sample represents cross-section of inspectors and neighborhoods
Indicator 6: HQS Enforcement - The purpose of this indicator is to test the Housing
Authority’s ability to insure that life- threatening HQS deficiencies are corrected within 24
hours from the date of inspection and that all other HQS deficiencies are corrected within
no more than 30 calendar days from the date of the inspection or any HA-approved
extension. The indicator also tests whether the Authority has appropriately abated the
rent to owner no later than the first of the month following the specified correction period,
and if not corrected termination of the HAP contract.
This indicator also measures the response of the HA for family caused defects, and
whether or not the Authority takes prompt and vigorous action to enforce the family
102 HAMC HCV Administrative Plan

obligations.
This indicator will be rated by HUD on the HA’s SEMAP certification. An agency can earn
a maximum of 10 points for this indicator if the review confirms that based on a random
sample:
 100% of life threatening emergencies were completed within 24 hours;
 98% of all other cited HQS deficiencies were corrected within no more than 30 days
or any HA approved extension;
 If deficiencies were not corrected within required time frame, the HAP payment was
abated no later than the first of the month following the correction period or the HAP
contract was terminated or for family-caused defects took prompt and vigorous action
to enforce the family obligations.
Indicator 7: Expanding Housing Opportunities - The purpose of this indicator is to
determine whether the housing agency has adopted and implemented a written policy to
encourage participation by owners with units located outside areas of poverty or minority
concentration; informs rental voucher and certificate holders of the full range of areas
where they may lease units both inside and outside of the HAMC’s jurisdiction; and
supplies a list of landlords or other parties who are willing to lease units or help families
find units, including units outside areas of poverty or minority concentration.
This indicator will be rated by HUD on the HA’s SEMAP certification. An agency can
earn a maximum of 5 points for this indicator if the review confirms that:
 The HA has a written policy to encourage participation by owners of units outside
areas of poverty or minority concentration; the HA clearly delineates areas in its
jurisdiction that the HA considers areas of poverty or minority concentration, and which
includes actions the HA will take to encourage owner participation.
 The HA encouraged participation by owners outside areas of poverty and minority
participation.
 The HA has prepared maps that show various areas, both within and outside of its
jurisdiction.
 The HA’s information packet for certificate and voucher holders contains either a list
of owners who are willing to lease, or properties available for lease, under the rental
voucher or certificate programs, or a list of other organizations that will help families
find units and the list includes properties or organizations that operate outside areas
of poverty or minority concentration
 The HA’s information packet includes an explanation of how portability works and
includes a list of neighboring HA with the name, address and telephone number of a
portability contact person at each.
 HAMC has analyzed whether rental voucher and certificate holders have experienced
difficulties in finding housing outside areas of poverty or minority concentration and, if
such difficulties have been found, HAMC documentation shows that the HAMC has
analyzed whether it is appropriate to seek approval of area exception rents in any part
of its jurisdiction and has sought HUD approval of exception rents when necessary.
Indicator 8: Payment Standards - The purpose of this indicator is to determine whether
the housing agency has verified and correctly determined adjusted annual income for
each assisted family at the time of admission; and annual reexamination.
103 HAMC HCV Administrative Plan

This indicator will be verified by HUD through the use of payment standard information
submitted to HUD on the SEMAP certification form and PIC gross rents and FMR data.
An agency can earn a maximum of 5 points for this indicator if:
 At least 98% of the families newly leased in the certificate program, excluding over-
FMR families, have initial gross rents at or below the applicable FMR or approved
exception rent limit, and
 That the HAMC has adopted payments standards which do not exceed the applicable
FMR or approved exception rent limit and which are not less than 80% of the current
FMR, unless approved by HUD.
Zero points are earned if the random sample demonstrates that more than 2% of the files
sample have gross rents that exceed the applicable FMR, or HUD-approved exception
rent limits, or the HA’s rental voucher program payment.
Indicator 9: Annual Recertifications - The purpose of this indicator is to determine
whether the housing agency completes an annual re-examination for each participating
family at least every 12 months.
This indicator will be verified by PIC reports showing the percent of reexaminations that
are more than 2 months overdue. An agency can earn a maximum of 10 points for this
indicator if the PIC report confirms that fewer than 5% of all HAMC reexaminations are
more than 2 months overdue. Five points can be earned if the report confirms that 5 to
10% of all HAMC reexaminations are more than 2 months overdue. Zero points are
earned if more than 10% of all HAMC reexaminations are more than 2 months overdue.
Indicator 10: Correct Tenant Rent Calculations - The purpose of this indicator is to
determine whether the housing agency correctly calculates tenant rent in the rental
certificate program, and the family’s share of the rent to owner in the rental voucher
program.
This indicator will be verified by PIC reports. The reports will demonstrate the percent of
tenant rent and family’s share of the rent to owner calculations that are incorrect based
on data sent to HUD on the HUD-50058 form.
An agency can earn a maximum of 5 points for this indicator if the PIC report confirms
that 2% or fewer of all HAMC tenant rent and family’s share of rent to owner calculations
are incorrect. Zero points will be awarded if more than 2% of all HAMC tenant rent and
family’s share of rent to owner calculations are incorrect.
Indicator 11: Pre-contract HQS Inspections - The purpose of this indicator is to
determine whether newly leased units passed HQS inspection on or before the beginning
date of the assisted lease and HAP contract.
This indicator will be verified by the PIC report which shows the percent of newly leased
units where the beginning date of the assistance contract is before the date the unit
passed HQS inspection. If 98 to 99 percent of newly leased units passed HQS inspection
104 HAMC HCV Administrative Plan

before the beginning of the HAP contract, the HAMC will receive 5 points. If fewer than
98% passed inspection prior to execution of the contract, the HAMC will receive 0 points.
Indicator 12: Annual HQS Inspections - The purpose of this indicator is to determine
whether the housing agency inspects each unit under contract at least annually.
This indicator will be verified by the PIC report, which shows the percent of HQS
inspections that are more than 2 months passed due. It should be noted that the 2-month
allowance is provided to accommodate a possible lag in the housing agency’s electronic
submission and not in the completion of the inspection. The HAMC will receive 10 points
if fewer than 5% of the annual inspections are more than two months late, 5 points if 5%
to 10% are more than two months late and, 0 points if more than 10% of annual
inspections are more than two months late.
Indicator 13: Lease-Up - The purpose of this indicator is to determine whether the
housing agency entered into HAP contracts for the number of units under budget for the
last fiscal year.
This indicator will be verified by the percent of units leased during the last completed HA
fiscal year as determined by taking unit-months under HAP contract divided by the total
unit months available (total baseline units times 12); or the total HAP dollars expended
divided by the annual budget authority available.
An agency can earn a maximum of 20 points for this indicator if the percent of units leased
or the percent of ABA expended during the last fiscal year was 98% or more. Fifteen
points will be awarded if 95-98% of the units were leased or ABA expended during the
last fiscal year. Zero points will be awarded if less than 95% of the units were leased or
less than 95% ABA was expended during the last fiscal year.
Indicator 14 – Family Self-Sufficiency - The purpose of this indicator is to determine
whether the HAMC has enrolled families in the FSS program as required, and the extent
of the HAMC’s progress in supporting FSS by measuring the percent of current FSS
participants with FSS progress reports entered in PIC that have had increases in earned
income which resulted in escrow account balances.
HUD will verify this indicator through the PIC report that shows the number of families
currently enrolled in FSS. This number is divided by the number of mandatory FSS slots
based on funding reserved for the HAMC through the second to last completed Federal
Fiscal Year, or based on a reduced number of mandatory slots under a HUD-approved
exception. A PIC report also shows the percent of FSS families with FSS progress reports
who have escrow account balances. HUD also uses information reported on the SEMAP
certification by initial HAMC’s concerning FSS families enrolled in their FSS programs but
who have moved.
Indicator 15: Deconcentration - The purpose of this indicator is to determine what
percentage of Section 8 families with children who live in and who have moved during the
reporting period, moved to low-poverty census tracts in the HAMC’s principal operating
area. This indicator will be verified by the HAMC data collected if claiming these bonus
points.
105 HAMC HCV Administrative Plan

20.8 Corrective Action
HAMC will develop an internal corrective action plan for any indicator in which the
performance score for that fiscal year is less than high performer. The corrective action
plan will be closely monitored by staff to assure increased performance in the
corresponding performance area.
106 HAMC HCV Administrative Plan

SECTION 21
PROJECT BASED VOUCHER PROGRAM
21.1 General
The Housing Authority of Maricopa County will provide Project Based Vouchers in
accordance with the provisions set forth in the Final Rule of June 25, 2014, 24CFR Part
983; subsequent guidance notice issued by the U. S. Department of Housing and Urban
Development such as PIH Notice 2011-54; the plan set forth herein; and, any future
notices issued by HUD.
Many of the provisions of the tenant-based voucher regulations [24 CFR 982] also apply
to the Project Based Voucher (PBV) program. This includes requirements related to
determining eligibility and selecting applicants from the waiting list. Even with these
similarities, there are requirements that are unique to the PBV program. This Chapter
outlines HAMC policies regarding the PBV Program.
21.2 Project Based Voucher Assistance
The number of project based vouchers that will be made available for the PBV Program
will be up to 20% of the amount of budget authority allocated to the Housing Authority by
HUD in the PHA’s voucher program. If the budget authority is not adequate to support
the number of baseline vouchers, HAMC will not reduce the number of PBV units
committed or under contract. However, additional PBV assistance will not be provided
until such time that the annual budget authority is increased.
21.3 Uniform Relocation Act
Individuals displaced as a result of the PBV Program must be provided relocation
assistance in accordance with all provisions of the Uniform Relocation Act (URA). The
definition of initiation of negotiations as described under the URA shall for the purposes
of the PBV Program be defined as the date of the execution of the Agreement (Agreement
to Enter in a Housing Assistance Payments Contract [AHAP]) between the Owner and
the Housing Authority.
Relocation costs may not be paid from voucher housing assistance funds (HAP) but the
Authority may choose to utilize Administrative Fee Reserves (unrestricted net assets) for
relocation costs for HAMC owned units, provided that all uses are consistent with HUD
legal and regulatory requirements. Under no circumstances will HAMC pay for relocation
costs for a private owner.
21.4 Equal Opportunity Requirements
The PBV Program requires compliance with all equal opportunity requirements under
federal laws and regulations including the authorities cited at 5.105 (a). The PBV Program
shall be identified in the HAMC Annual Plan and the corresponding certification of civil
rights and affirmatively furthering fair housing submitted under the PHA Plan shall apply
107 HAMC HCV Administrative Plan

to the PBV Program.
21.5 Special Housing Types
HAMC shall not provide project based vouchers for shared housing, manufactured home
space rental, or homeownership. PBV assistance may be considered for group homes.
The solicitation for owner proposals for project based voucher assistance will identify if
group homes are being considered under said solicitation. A separate lease will be
executed for each elderly person or person with disabilities who resides in a group home.
21.6 Selection of PBV Proposals
A. Housing Selected under Federal, State or Local Government Programs
HAMC will consider proposals for project based vouchers for properties that were
selected through a competitive process under federal, state or local government housing
assistance, community development, or supportive services program that requires
competitive selection of proposals (i.e. units for which 9% Low Income Housing Tax
Credits were allocated under a State Qualified Allocation Plan). Such projects must have
been competitively selected under the federal, state or local government program within
three years from the date of the HAMC selection of PBV proposals and the original
application did not involve consideration that the project would receive PBV assistance.
HAMC will provide prompt written notification to any party that submitted a selected
proposal. HAMC will make documentation available for public inspection regarding the
basis for any and all selections of PBV proposal(s).
HAMC owned units (directly or indirectly) may receive Project Based Voucher assistance
provided the local HUD field office or HUD approved independent entity reviews the
selection process and determines that the PHA owned units were appropriately selected
based on the criteria established in the PHA Administrative Plan. HUD approval of a
mixed finance proposal containing project based assistance in units owned directly or
indirectly by HAMC shall be considered approved under this section.
B. Requests for PBV Proposals
HAMC may request proposals for the PBV Program periodically as determined by the
Authority. HAMC will provide broad public notice of the availability of project based
vouchers through advertisement in a newspaper of general circulation within HAMC’s
jurisdiction. The public notice will specify the availability of project based vouchers, the
procedures through which an owner can request a copy of the RFP, and the proposal
submission deadline.
C. Owner Application Requirements
The solicitation document issued by HAMC will contain all application and submission
requirements as well as the selection criteria. Under no conditions will HAMC limit the
solicitation to a single site or impose restrictions that explicitly or practically preclude
owner submission of proposals.
108 HAMC HCV Administrative Plan

D. Eligible Housing Units
Eligible housing units for project based voucher include new construction, rehabilitation
and existing housing. Eligible units selected as Rehabilitated Housing or New
Construction cannot be selected as Existing at a later date.
1) Existing Housing - A housing unit will be considered an existing unit for purposes
of the project-based voucher program, if, at the time of selection of the project, the
unit substantially complies with the Federal Housing Quality Standards (HQS).
2) Rehabilitated Housing - A housing unit will be considered a rehabilitation unit for
purposes of the project-based voucher program, if, at the time of selection of the
project, the unit does not substantially complies with the Federal Housing Quality
Standards (HQS) and are rehabilitated under an Agreement between HAMC and
the owner for use under the PBV Program.
3) Newly Constructed Housing – Housing units that do not exist on the proposal
selection date and are developed after the date of the selection pursuant to an
Agreement between HAMC and the owner for use under the PBV Program shall
be considered new construction units.
E. Ineligible Housing Units
HAMC will not provide project based voucher assistance to any of the types of housing
listed below:
1) Shared housing, manufactured home space rental, or homeownership.
2) Units on the grounds of a penal, reformatory, medical, mental, or similar public or
private institution.
3) Nursing homes or facilities providing continuous psychiatric, medical or nursing
services, board and care, or intermediate care. However, units in an assisted living
facility that provides home health care services such as nursing are not ineligible.
4) Unit owned or controlled by an educational institution or its affiliate and are
designated for occupancy by students of the institution.
5) Manufactured homes.
6) Transitional housing.
7) High rise elevator projects for families with children.
8) Owner occupied units.
9) Units occupied by ineligible families.
109 HAMC HCV Administrative Plan

F. Prohibition of Assistance for Subsidized Units
HAMC will not provide project based voucher assistance to any unit that receives a rent
or operating subsidy under another federal, state or local program including but not limited
to:
1) Public Housing dwelling units.
2) A unit subsidized with any other form of Section 8 assistance.
3) A unit subsidized with any government subsidy (government funds pay a portion
of the rent).
4) A unit with any other governmental subsidy that pays all or a part of the operating
costs.
5) A unit subsidized with Section 236 rental assistance payments. However, PBV
assistance may be attached to a unit subsidized with Section 236 interest reduction
payments.
6) A units subsidized with rental assistance payments under Section 521 of the
Housing Act of 1949 (Rural Housing Service Program). However, PBV assistance
may be attached to a unit subsidized with Section 515 interest reduction payments.
7) A Section 202 project for non-elderly persons with disabilities.
8) A Section 811 project based supportive housing for persons with disabilities.
9) Section 202 supportive housing for the elderly.
10) A Section 101 rent supplement program.
11) A unit subsidized with any form of tenant based assistance.
12) A unit with any other form of duplicative federal, state or local assistance.
21.7 Prohibition of Excess Public Assistance
A subsidy layering review shall be conducted to prevent excessive public assistance for
the housing by combining (layering) project based voucher assistance with other
governmental housing assistance from federal, state or local agencies. A subsidy
layering review will be conducted by HUD or an independent entity approved by HUD to
assure that the requested PBV assistance is in accordance with HUD subsidy layering
requirements.
Owners shall certify that the project has not received and will not receive (before or after
the HAP contract) any public assistance for acquisition, development or operation of the
housing other than the assistance disclosed in the subsidy layering review.
A subsidy layering review is not required for selected Existing projects. For selected
Rehabilitation and New Construction projects, an AHAP will not be entered into until a
subsidy layering review is completed.
21.8 Limitation of PBV Units
The number of project based vouchers that will be approved for multi-family properties
shall be limited to no more than 25% of the total (assisted and unassisted) units in a
building. Multi-family properties are defined as properties with more than four individual
units under a single roof. Single-family homes and buildings with 4 or fewer units may
be project- based up to 100%.
110 HAMC HCV Administrative Plan

In order to exceed the 25% threshold for assisted units in any building, there is a
mandatory services requirement whereby the owner must provide support services to the
families in occupancy of the “excepted units” and the eligible family must maintain their
participation in the services to retain their assistance in the excepted unit unless they
successfully complete the services program. Units occupied by elderly or disabled
households are not subject to the mandatory services requirement. The services can
either be provided on-site or utilized on a referral basis through on-site services staff.
Participating owners must provide a minimum of three qualifying services to meet the
requirement to exceed the 25% threshold.
This limit of PBV units does not apply to multi-family buildings that are designated for the
following qualifying families:
1) Elderly or disabled families
2) Families receiving supportive services in which at least one member is receiving
at least one qualifying supportive service
If a property is approved under (2) above, HAMC will monitor the qualifying family’s
continued receipt of supportive services and will take appropriate action regarding those
families that fail without good cause, to complete their supportive services requirements.
HAMC will monitor compliance at least annually as part of the annual recertification
process.
Eligible Supportive Services may include:
1) Substance abuse counseling
2) Clinical services for non-disabled participants
3) Non-disabled mental health services
4) Non-disabled behavioral support services
5) Linkages to medical providers for non-disabled participants
6) Self-sufficiency counseling
7) Job training/career counseling
8) Money management counseling
9) Youth services - child care, after school programs
10) Housing retention
11) FSS participation
21.9 Site Selection Standards
In approving sites for PBV assistance, HAMC will assure that the location of the site is
consistent with the goal of de-concentrating poverty and expanding housing and
economic opportunities consistent with the Annual PHA Plan. The general standard to
be used by HAMC will be that the poverty rate for the census tract in which the property
is located is less than the overall city-wide poverty rate. However, HAMC will consider
sites with higher poverty rates if they meet one of the following criteria:
1) The census tract is a HUD designated Enterprise Zone, Economic Community, or
Renewal Community.
111 HAMC HCV Administrative Plan

2) The census tract has undergone or is undergoing significant revitalization.
3) New market rate units have been or are being developed in the census tract.
4) There has been an overall decline in the poverty rate in the past five years of at
least 5%.
5) There are meaningful opportunities for educational and economic advancement in
the census tract.
Sites for all housing types must meet the following additional criteria:
1) Site must be adequate in size, exposure and contour to accommodate the number
and type of units proposed.
2) Adequate utilities and streets must be available to serve the site.
3) The location must promote greater choice of housing opportunities and avoid
undue concentration of assisted persons in areas containing a high number of low
income persons.
4) The site must be accessible to social, recreational, educational, commercial, and
health facilities and services.
5) Municipal and other public services must be equivalent to those typically found in
neighborhoods consisting largely of unassisted standard housing of similar marker
rents.
6) Be located so that travel times and costs via public transportation or private
automobile from the neighborhood to place of employment providing a range of
jobs for low income persons is not excessive.
Sites for new construction properties must meet the criteria above and must not be
located in an area of minority concentration or a racially mixed area if the project would
cause a significant increase in the proportion of minority to non-minority residents in the
area.
21.10 Environmental Review
All properties selected for Project Based Voucher assistance are subject to the HUD
environmental regulations 24CFR Parts 50 and 58. HAMC will make every effort to have
the local Responsible Entity (unit of local government, county or state) complete the
environmental review and certification, and meet all environmental review requirements.
21.11 Property Selection Criteria
The following threshold criteria must be met for an application to be considered for
selection for the PBV Program.
1) The proposed project is a mixed finance project that will replace Public Housing units
that will be disposed or demolished pursuant to HUD requirements.
2) The proposed project serves elderly only or special needs only populations.
Following are the review criteria with associated point values that will be used by HAMC
in the evaluation process of proposals received under the PBV program. There is no
minimum passing score, nor a specific maximum score.
112 HAMC HCV Administrative Plan

Projects will be ranked by score and the highest ranked projects will undergo further
review by HAMC. The selected projects must comply with all requirements set forth in
this plan and all application HUD regulations.
Evaluation Criteria Points
The proposed housing serves a target population in
order of priority: (1) public housing residents displaced 20
as the result of disposition or demolition; (2). Elderly only
households; (3) special needs population only.
The proposal provides new affordable housing through
in order of priority: (1) existing housing developed
under the low income housing tax credit program; 20
within the past ten years (2) new construction; (3)
existing housing that was constructed or rehabilitated
within the past five years.
The proposal submitted demonstrates a thorough, in-
depth, well-planned project meeting all federal
requirements and other eligibility criteria. 20
The applicant’s qualifications are appropriate for the
project under consideration and firm financial
commitments are adequately documented. 20
Rental subsidy is necessary for the viability of the
project; management of the project is consistent with
Section 8 requirements and the degree to which
supportive services will be provided to the project. 20
TOTAL MAXIMUM POINTS 100
Prior to selecting the units for project based assistance, HAMC will make a determination
that the application is responsive and in compliance with all selection criteria and is
otherwise in compliance with HUD program regulations and requirements.
21.12 Establishment of Initial Rents
The Housing Authority will require the owner to provide a third party market study or other
independent rent analysis to establish the initial rents. HAMC will approve PBV rents
based on the third party market analysis up to 110% of the current published Fair Market
Rents (FMR). PBV rents shall be equivalent to the unassisted rent for market rate units
in the property provided they remain within the 110% of the current HUD FMR’s.
HAMC will seek HUD approval of rents in properties owned directly or indirectly by HAMC.
HUD approval of rents in a mixed finance proposal containing project based assistance
in units owned directly or indirectly by HAMC shall be considered approval of rents under
113 HAMC HCV Administrative Plan

this section.
21.13 Rehabilitation Work and New Construction Requirements
A. Construction Plans
The owner will be required to prepare work write ups, construction specifications and
plans upon request as determined appropriate by HAMC for rehabilitation and new
construction projects.
In addition, new construction projects require certification by a design architect that the
proposed new construction reflected in the working drawings and specifications complies
with housing quality standards, local codes and ordinances and zoning requirements. The
owner is responsible for selecting a responsible contractor for rehabilitation and new
construction and said contractor must provide HAMC with a non-debarment certification.
B. Agreement to Enter into A Housing Assistance Payments Contract (AHAP)
An Agreement to enter in a Housing Assistance Payments (AHAP) Contract will be
executed upon satisfactory completion of all requirements identified above. Upon
execution of the AHAP, the construction period shall commence. The construction period
shall be determined in accordance with the approved application and entered into the
AHAP agreement. HAMC will perform regular inspections during the construction period.
Upon completion of construction, the owner must provide HAMC with a certificate of
occupancy and an owner certification. HAMC will perform a final inspection prior to
acceptance of the units and notify the owner of any deficiencies that may exist. The
owner will be allotted a time extension if warranted or MAS may reject any units that do
not meet program requirements. If deficiencies are not cured in the agreed upon time or
the owner fails to complete the work within the timeframe identified in the AHAP
agreement, HAMC may adjust the number of units to be placed under contract or not
proceed with execution the HAP agreement.
21.14 Housing Assistance Payments Contract
A. Term of Contract
Upon acceptance of the units by HAMC, a Housing Assistance Payments contract for
Project Based Assistance for the Housing Choice Voucher Program will be executed in
the format prescribed by HUD (52530-A). HAMC will execute all PBV HAP contracts for
an initial term of up to 15 years for each contract unit, subject to future availability of
funding under the ACC with HUD. In addition, the HAP contract may be extended for an
additional term not to exceed 15 years, based on a determination by HAMC that an
extension is necessary to achieve long-term affordability of the housing.
B. Rent Adjustments
The HAP contract will provide for annual review of the rental amounts. For standard PBV
units, the rents will be the lower of:
114 HAMC HCV Administrative Plan

 110% of HUD published FMR ( or approved exceptions) minus the applicable utility
allowance
 The Reasonable rent
 The rent requested by the owner.
For units receiving Low Income Housing Tax Credits (LIHTC) outside of a qualified
census tract and where the LIHTC rent exceeds 110% of the FMR (or approved
exception), the PBV rents will be the lower of:
 The approved LIHTC-only rent
 The reasonable rent; or
 The rent requested by the owner
C. Rent to Owner for Overcrowded, Under-Occupied and Accessible Units.
If an otherwise eligible in-place family occupies a wrong-size unit, HAMC will pay the
right-size HAP amount. A wrong-size unit is defined as a unit occupied by a family that
does not conform to the PHA's subsidy guideline for family size, by being either too
large or too small compared to the guidelines.
HAMC will approve new admissions to lease a wrong-size unit under the right-size HAP
amount only when there is no other eligible, qualified family on the waitlist and the
owner includes in the lease addendum that the family will be moved to a right-size unit
either at the next annual renewal or when a right-size unit comes available; whichever
comes first.
D. Vacancy Payments
HAMC may provide for vacancy payment under the PBV contract for up to 60 days as
stipulated in the PBV contract. To be eligible for vacancy payments the vacancy may
not be the fault of the owner and the owner must have taken every reasonable action to
minimize the likelihood and extent of vacancies.
21.15 Tenant Selection
A. Existing Tenants of Properties Selected for PBV Assistance
HAMC may not select a unit for project-based assistance if it is occupied by persons who
are not eligible for participation in the Housing Choice Voucher program.
Owners may refer applicants to the waiting list based on HAMC waiting list policies and
selection criteria.
B. Waiting List
The PHA will establish and manage separate waiting lists for individual projects or
buildings that are receiving PBV assistance. If HAMC’s Housing Choice Voucher waiting
list is open when an applicant is placed on a PBV waiting list, HAMC must offer to place
115 HAMC HCV Administrative Plan

the applicant on its tenant-based assistance waiting list. If HAMC’s tenant-based waiting
list is closed, the applicant may only apply to be on the PBV program waiting list.
1) An eligible family residing in the proposed PBV contract unit on the date the
proposal is selected by HAMC is considered an “in-place family.” These families
are afforded protection from displacement under the PBV rule (refer to Section
21.3). If a unit is to be placed under contract (either an existing unit or a unit
requiring rehabilitation), and is occupied by an eligible family on the date the
proposal is selected, the in-place family must be placed on the waiting list. Once
the family’s continued eligibility is determined, the family must be given an absolute
selection preference and HAMC must refer these families to the project owner for
an appropriately sized PBV unit in the project. Admission of eligible in-place
families is not subject to income targeting requirements. HAMC may deny
assistance to an in-place family for grounds specified in 24 CFR 982.552 and
982.553. The regulatory protection from displacement does not apply to families
who are not eligible.
2) Persons on the Housing Choice Voucher waiting list will be given an opportunity
to be placed on the project-based waiting list when it is open without penalty to any
other application for assistance they have pending.
3) If an applicant rejects a PBV unit, they will retain their place on any other waiting
list administered by HAMC. Similarly, if a PBV owner rejects a family for admission
to the owner’s units, such rejection may not affect the family’s position on the
tenant-based voucher waiting list.
4) The project-based waiting list will be established according to date and time and
preference. If an applicant for the project-based program is already on the Housing
Choice Voucher waiting list, the same date and time will be utilized to initially
establish their place on the project-based waiting list.
5) HAMC may place applicants referred by owners on the project-based waiting list
in accordance with waiting list and selection policies.
6) HAMC may establish selection criteria or preferences for occupancy of particular
PBV units.
C. Preferences
HAMC will provide a selection preference when required by the regulation (e.g., eligible
in-place families, qualifying families for “excepted units,” mobility impaired persons for
accessible units). The PHA will not offer any additional preferences for the PBV program
or for particular PBV projects or units. HAMC may use the same selection preferences
that are used for the tenant-based voucher program, establish selection criteria or
preferences for the PBV program as a whole, or for occupancy of particular PBV
developments or units. HAMC must provide an absolute selection preference for eligible
in-place families as described in Section 21.15 B.1 above.
Although HAMC is prohibited from granting preferences to persons with a specific
disability, HAMC may give preference to disabled families who need services offered at
a particular project or site if the preference is limited to families (including individuals):
 With disabilities that significantly interfere with their ability to obtain and maintain
themselves in housing;
116 HAMC HCV Administrative Plan

 Who, without appropriate supportive services, will not be able to obtain or maintain
themselves in housing; and
 For whom such services cannot be provided in a non-segregated setting.
In advertising such a project, the owner may advertise the project as offering services for
a particular type of disability; however, the project must be open to all otherwise eligible
disabled persons who may benefit from services provided in the project. In these projects,
disabled residents may not be required to accept the particular services offered as a
condition of occupancy.
If HAMC has projects with more than 25 percent of the units receiving project-based
assistance because those projects include “excepted units” (units specifically made
available for elderly or disabled families, or families receiving supportive services), the
PHA must give preference to such families when referring families to these units [24 CFR
983.261(b)].
D. Admission
Admission to PBV units is subject to HUD requirements and 75% of all new admissions
on an annual basis must be at or below 30% of median income of the area. The remaining
25% shall have annual incomes between 30% and 50% of median income. An exception
to these admission criteria will be made for any continuously assisted family in the Section
8 tenant based program or the Public Housing Program who wishes to locate to a PBV
unit.
Owners must lease all assisted units to eligible families. Owners must enter into a written
lease for all assisted units to eligible families for an initial term of one year. Failure to do
so will result in a reduction of the units under contract or other legal remedies including
suspension or debarment from HUD programs.
E. Conversion to Tenant Based Assistance
After one year of occupancy in a PBV unit, a tenant may move. HAMC will convert PBV
tenants wishing to move to Housing Choice Voucher participants by providing them with
the next available voucher. Housing Assistance Payments will continue on the PBV unit
until the tenant vacates the PBV unit.
F. Tenant Screening
When selecting families to occupy PBV units that have special accessibility features for
persons with disabilities, HAMC must first refer families who require such features to the
owner. The owner is responsible for screening and selection of tenants in accordance
with the written selection criteria approved as part of the original proposal for the PBV
program. The owner must promptly notify HAMC in writing of the rejection of a family and
the grounds for such decision. If the owner rejects an applicant family, and the applicant
family believes the rejection was unlawful discrimination, HAMC will assist the family or
refer the family to the local Fair Housing Center or the HUD field office. When a family is
selected for a PBV unit, HAMC will brief the family and provide them with all required
written information and documents identified in 24CFR983.203.
117 HAMC HCV Administrative Plan

21.16 Ongoing Activities
A. HAMC Responsibilities
HAMC shall administer the PBV program in accordance with all provisions under the
Housing Choice Voucher program including issuance of monthly HAP payments, annual
recertification of household composition and income, and annual inspection of all units to
assure compliance with HQS.
If a determination is made that the unit does not meet HQS requirements due to
overcrowding as defined in the subsidy standards in the HAMC Housing Choice Voucher
program, then HAMC will issue tenant based assistance upon availability.
HAMC will not conduct screening to determine a PBV applicant family’s suitability for
tenancy.
HAMC will inform owners of their responsibility to screen prospective tenants, and will
provide owners with the required known name and address information, at the time of the
turnover HQS inspection or before. The PHA will not provide any additional information
to the owner such as tenancy history, criminal history, etc.
B. Owner Responsibility
The owner is responsible for the screening and selection of families to occupy the owner’s
unit(s).
The owner is responsible for managing the units in accordance with all requirements
under the approved management plan and the Housing Assistance Payments contract.
After initial occupancy, the owner must notify HAMC of any vacancies in writing within 5
business days of learning about any vacancy or expected vacancy. HAMC will make
every reasonable effort to refer families to the owner within 10 business days of receiving
such notice from the owner. HAMC will refer a minimum of five families to the owner from
its exiting waiting list.
If HAMC has not referred an adequate number of applicant families to the owner within
30 days from notification of the vacancy, the owner may advertise and solicit applications
from otherwise eligible families. Upon selection of an applicant, the owner will refer the
applicant to HAMC for processing and briefing.
21.17 Other Policies
All other policies stated in the HCV Administrative Plan related to occupancy of HCV
tenant-based assisted units will apply to Project Based units as appropriate.
118 HAMC HCV Administrative Plan

SEC
SECTION 22
BRIDGE SUBSIDY PROGRAM
ION 21
22.1 General
The Housing Authority of Maricopa County (HAMC) will administer vouchers under the
Bridge Subsidy Program (BSP) with direct support from the Regional Behavioral Health
Authority (RBHA). The HAMC will maintain a waitlist specific to the BSP which will remain
open for applicant referrals from appropriate agencies. Many of the provisions of the
tenant-based voucher regulations [24 CFR 982] also apply to the Bridge Subsidy
Program. This includes requirements related to determining eligibility and selecting
applicants from the waiting list. Even with these similarities, there are requirements that
are unique to the BSP. This Chapter outlines HAMC policies regarding the BSP.
22.2 Bridge Subsidy Program Assistance
The BSP provides housing assistance to individuals who suffer from Serious Mental
Illness (SMI) and are homeless. Applicants for the BSP need to also be eligible for the
Housing Choice Voucher (HCV) program. Specifically, to be eligible:
 Applicants must be a citizen or a non-citizen with “eligible immigration status.”
 Applicants should be in good standing with federal housing programs and not have
1) been evicted from public housing; 2) been terminated from another HCV
program for cause; 3) committed fraud or criminal acts in connection with a federal
housing program; or 4) failed to reimburse a PHA for unpaid rent or damages, or
currently owe money to a PHA. As part of the intake process, all applicants should
be screened to determine their standing with federal housing programs. Any issues
related to these 4 criteria should be flagged as something to address and resolve
during participation in the BSP (e.g., develop a repayment schedule with the PHA).
Additional eligibility requirements include that the participant meet the following criteria:
a) Homeless, residing in a residential treatment setting, substandard living environment,
a Board and Care/boarding home, or HUD Shelter Plus Care program AND b) Disabled
with a serious mental illness and enrolled in a Regional Behavioral Health Authority AND
c) Extremely low income AND d) Eligible for the Housing Choice Voucher Program.
Eligible applicants may qualify for one-time assistance with application fees, rental
deposits, utility deposits and starter box.
The number of vouchers that will be made available for the BSP will be dependent upon
the direct funding from the RBHA.
119 HAMC HCV Administrative Plan

22.3 Subsidy Administrator Responsibilities
The primary responsibilities of the Subsidy Administrator (HAMC) will be:
 To manage tenant-based rental subsidies, including funding, for BSP program
tenants until a permanent rental subsidy through the HCV Program is secured;
 To administer the tenant-based rental assistance with rules and procedures that
mirror the HCV program; and
 To develop direct linkage between BSP with their HCV program.
22.4 Equal Opportunity Requirements
The BSP requires compliance with all equal opportunity requirements under federal laws
and regulations including the authorities cited at 5.105 (a). The BSP shall be identified in
the HAMC Annual Plan and the corresponding certification of civil rights and affirmatively
furthering fair housing submitted under the PHA Plan shall apply to the BSP.
22.5 Special Housing and Ineligible Housing Types
HAMC shall not provide BSP vouchers for shared housing, manufactured home space
rental, or homeownership. BSP assistance may be considered for group homes. A
separate lease will be executed for each person who resides in a group home.
HAMC will not provide BSP voucher assistance to any of the types of housing listed
below:
1) Shared housing, manufactured home space rental, or homeownership.
2) Units on the grounds of a penal, reformatory, medical, mental, or similar public or
private institution.
3) Nursing homes or facilities providing continuous psychiatric, medical or nursing
services, board and care, or intermediate care. However, units in an assisted living
facility that provides home health care services such as nursing are not ineligible.
4) Unit owned or controlled by an educational institution or its affiliate and are
designated for occupancy by students of the institution.
5) Manufactured homes.
6) Transitional housing.
7) High rise elevator projects for families with children.
8) Owner occupied units.
9) Units occupied by ineligible families.
22.6 Prohibition of Assistance for Subsidized Units
HAMC will not provide voucher assistance to any unit that receives a rent or operating
subsidy under another federal, state or local program including but not limited to:
1) Public Housing dwelling units.
2) A unit subsidized with any other form of Section 8 assistance.
3) A unit subsidized with any government subsidy (government funds pay a portion
of the rent).
120 HAMC HCV Administrative Plan

4) A unit with any other governmental subsidy that pays all or a part of the operating
costs.
5) A unit subsidized with Section 236 rental assistance payments. However, PBV
assistance may be attached to a unit subsidized with Section 236 interest reduction
payments.
6) A units subsidized with rental assistance payments under Section 521 of the
Housing Act of 1949 (Rural Housing Service Program). However, PBV assistance
may be attached to a unit subsidized with Section 515 interest reduction payments.
7) A Section 202 project for non-elderly persons with disabilities.
8) A Section 811 project based supportive housing for persons with disabilities.
9) Section 202 supportive housing for the elderly.
10) A Section 101 rent supplement program.
11) A unit subsidized with any form of tenant based assistance.
12) A unit with any other form of duplicative federal, state or local assistance.
22.7 Tenant Selection
RBHA partners will refer eligible applicants to the HAMC for processing.
22.8 Waiting List
The PHA will establish and manage separate waiting lists for the BSP. If HAMC’s Housing
Choice Voucher waiting list is open when an applicant is placed on the BSP waiting list,
HAMC will also place the applicant on its tenant-based assistance waiting list. If HAMC’s
tenant-based waiting list is closed, the applicant may only apply to be on the BSP program
waiting list.
22.9 Preferences
HAMC will provide a selection preference when required by the regulation however the
PHA will not offer any additional preferences for the BSP.
22.10 Conversion to Tenant Based Assistance
At any time after the first initial lease term and within 5 years of occupancy a BSP
participant may move with proper notice. HAMC will convert BSP participants wishing to
receive a Housing Choice Voucher by providing them with the next available voucher with
written approval from the RBHA.
Ongoing Activities
22.11 HAMC Responsibilities
HAMC shall administer the BSP in accordance with all provisions under the Housing
Choice Voucher program including issuance of monthly HAP payments, annual
recertification of household composition and income, and annual inspection of all units to
assure compliance with HQS.
121 HAMC HCV Administrative Plan

HAMC will conduct screening to determine a BSP applicant family’s suitability for tenancy.
HAMC will inform owners of their responsibility to screen prospective tenants, and will
provide owners with the required known name and address information, at the time of the
turnover HQS inspection or before. The PHA will not provide any additional information
to the owner such as tenancy history, criminal history, etc.
22.12 The RBHA Responsibility
The RBHA is responsible for identifying eligible program participants and ensuring that
tenants receive the support and rehabilitation services needed to help them maintain
independent living and move forward on their path to recovery. The RBHA will refer
eligible applicants to the HAMC.
22.13 Other Policies
All other policies stated in the HCV Administrative Plan related the HCV tenant-based
assistance will apply to BSP. For additional guidance on BSP you may also refer to the
Bridge Subsidy Program Tenant-Based Rental Assistance Program Policies and
Procedures Manual and the Mercy Maricopa Ho
122 HAMC HCV Administrative Plan

SECTION 23
RENTAL ASSISTANCE DEMONSTRATION (RAD) PROGRAM
23.1 OVERVIEW AND HISTORY OF THE RAD PROGRAM
RAD is intended to assess the effectiveness of converting public housing, moderate
rehabilitation properties, and units under the rent supplement and rental assistance
payments programs to long-term, project-based Section 8 rental assistance. The
program’s four primary objectives are to:
1) Preserve and improve public and other assisted housing.
2) Standardize the administration of the plethora of federally subsidized
housing programs and rules. The conversions are intended to promote
operating efficiency by using a Section 8 project-based assistance model
that has proven successful and effective for over 30 years. In other words,
RAD aligns eligible properties more closely with other affordable housing
programs.
3) Attract private market capital for property renovations. Through the use of
this model, properties may be able to leverage private debt and equity to
make capital repairs.
4) Increase tenant mobility opportunities.
The PHA or owner can select one of two major sub-programs under RAD:
 Project-based rental assistance (PBRA)
 Project-based vouchers (PBVs)
HUD’s Office of Multifamily Housing Programs administers the PBRA component,
whereas HUD’s Office of Public and Indian Housing (PIH) the PBV component.
This chapter will focus on public housing conversions to the PBV program. In order to
distinguish between requirements, we will refer to the standard PBV program and the
RAD PBV programs.
23.2 RAD ADMINISTRATIVE PLAN POLICIES
HAMC’s administrative plan already establishes guidelines for staff to follow to
determine eligibility and continued occupancy for HAMC’s tenant-based HCV program.
Selected parts of the administrative plan also apply to the standard and RAD PBV
programs. On the whole, regulations for both the standard and RAD PBV programs
generally closely follow the regulations for the tenant-based HCV program. While PBV
regulations generally follow the tenant-based HCV regulations, they are not identical.
RAD PBV rules further deviate from and waive specific standard PBV regulations. In
other words, the standard PBV program follows many of the same regulations as the
123 HAMC HCV Administrative Plan

tenant-based HCV program, but not all of them and the RAD PBV program follow many
of the same regulations as the standard PBV program, but not all of them.
Where applicable, the HCV policies in this document continue to govern the
administration of the both the standard and RAD PBV programs. In cases where HCV
requirements are to be followed, no changes are made to the administrative plan. This
additional chapter is intended to address RAD PBV requirements only.
For a description of the PBV program, see HAMC’s Administrative Plan, Chapter 21
Project-Based Vouchers.
23.3 APPLICABLE REGULATIONS
RAD is authorized by the Consolidated and Further Continuing Appropriations Act of
2012 (Pub. L. No. 112-55, approved November 18, 2011), as amended by the
Consolidated Appropriations Act, 2014 (Public Law 113-76, approved January 17, 2014)
and the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-
235, approved December 6, 2014), collectively, the “RAD Statute.” RAD requirements
may be found in PIH-2012-32 (HA), REV-2, RAD Quick Reference Guide (10/14), The
Welcome Guide for New Awardees: RAD 1st Component (3/15), and RAD FAQs.
23.4 EQUAL OPPORTUNITY REQUIREMENTS [24 CFR 983.8]
PHAs must comply with all applicable fair housing and civil rights laws, including, but
not limited to, the Fair Housing Act, Title VI of the Civil Rights Act of 1964, and Section
504 of the Rehabilitation Act of 1973, when conducting relocation planning and
providing relocation assistance. For example, persons with disabilities returning to the
RAD project may not be turned away or placed on a waiting list due to a lack of
accessible units. Their need for an accessible unit must be accommodated.
23.5 PBV PROJECT SELECTION
Maximum Amount of PBV Assistance
Covered projects do not count against the maximum amount of assistance a PHA may
utilize for the PBV program, which is set at 20 percent of the amount of budget authority
allocated to a PHA under the HCV program. To implement this provision, HUD is waiving
section 8(o) (13) (B) of the 1937 Act and 24 CFR § 983.6.
Cap on Number of PBV Units in each Project
Fifty percent (50%) of the units in each project may receive PBV assistance under RAD.
An assisted household cannot be involuntarily displaced as a result of this provision.
An owner may still project-base 100 percent of the units provided at least 50 percent of
the units at the project qualify for the exceptions for elderly, disabled, or families receiving
supportive services, or are within single-family properties.
Families living in units subject to a proposed RAD conversion must be given the option to
receive supportive services. If such services are declined by the household, the unit shall
124 HAMC HCV Administrative Plan

remain under the HAP contract, the household shall not be terminated from the PBV
program, and the decision to decline an offer to receive supportive services shall not
represent a ground for lease termination. Once the initial household residing in the
excepted unit under RAD vacates such unit, all PBV program requirements related to the
required receipt of supportive services shall apply in accordance with 24 CFR §§ 983.56,
983.257(c), 983.261(a) and (d). To implement these provisions, HUD is waiving section
8(o) (13) (D) of the Act, as well as related provisions of 24 CFR §§ 983.56, 983.257(c),
983.261(a) and (d) for initial occupancy in the RAD converted project.
25 Percent per Project Cap [24 CFR 983.56]
The limitation on the number of units receiving assistance is increased to 50 percent
under RAD. An assisted household cannot be involuntarily displaced as a result of this
provision.
Exceptions to 25 Percent per Project Cap [24 CFR 983.56(b)]
An owner may still project-base 100 percent of the units provided at least 50 percent of
the units at the project qualify for the exceptions for elderly, disabled, or families receiving
supportive services, or are within single-family properties.
Family Responsibility to Comply with Supportive Service Plans
New families selected for occupancy and assistance in a PBV supportive housing unit
will be required to enter into an individualized supportive service plan with the service
provider. The supportive service plan is intended to help the family:
 Build family self-sufficiency;
 Maintain their housing; and
 Live independently and effectively in their community.
In PBV developments offering supportive services, at least one family member is to
receive/participate in the available supportive services.
 At the time of initial lease execution between the family and the owner, the
family must sign a statement which includes all family obligations, including the
requirement to participate in a supportive service plan.
 At the family’s annual recertification, the PHA requires written documentation
from the service provider indicating the family’s continued compliance with the
terms of the supportive services plans.
 At the PHA’s sole discretion, the PHA may request quarterly documentation of
service plan compliance for new participants, or more frequent periodic
documentation for families who have not fully complied with their supportive
service plan.
The family is eligible to receive assistance while the family is compliant with its
supportive services plan. In addition, a family who has occupied a PBV unit and has
been compliant with its supportive housing plan, and has successfully completed the
supportive housing plan, is eligible to continue to receive PBV assistance so long as the
125 HAMC HCV Administrative Plan

family qualifies.
Under RAD, the requirement that a family must actually receive services to reside in a
unit where families receive supportive services differs. Families living in units that will
convert under RAD must be given the option to receive supportive services. If such
services are declined by the household, the unit shall remain under the HAP contract,
the household shall not be terminated from the PBV program, and the decision to
decline an offer to receive supportive services shall not represent as grounds for lease
termination. Once the initial household residing in the excepted unit under RAD vacates
such unit, all PBV program requirements related to the required receipt of supportive
services shall apply.
Promoting Partially-Assisted Projects [24 CFR 983.56(c)]
This section does not apply to the RAD PBV program.
23.6 SUBSIDY LAYERING REQUIREMENTS [24 CFR 983.55, FR Notice 11/24/08,
FR Notice 7/9/10, and FR Notice 6/25/14]
In the case of a PHA that is converting all of its ACC units, there is no restriction on the
amount of public housing funds that may be contributed to the Covered Project(s) at
Closing; the PHA may convey all program funds to the Covered Project. HUD will
recapture any public housing funds that a PHA has not expended once it no longer has
units under ACC. In the case where the PHA will continue to maintain other units in its
inventory under public housing ACC, a contribution of Operating Funds to the Covered
Project that exceeds the average amount the project has held in Operating Reserves
over the past three years will trigger a subsidy layering review under 24 CFR § 4.13.
Similarly, any contribution of Capital Funds, including RHF or DDTF, will trigger a
subsidy layering review. Notwithstanding the subsidy layering review, PHAs should be
mindful of how the Capital Funds or Operating Reserves used in the financing of its
RAD properties may impact the physical and financial health of properties that will
remain in its public housing inventory.
23.7 OWNER PROPOSAL SELECTION PROCEDURES
This section does not apply to the RAD PBV program. HUD waives the owner proposal
selection procedures at 24 CFR 983.51. HUD selects the RAD properties through a
competitive selection process.
23.8 SITE SELECTION STANDARDS
Site selection requirements set forth in 24 CFR 983.57 apply to RAD PBV, with the
exception of 983.57(b) (1) and (c) (2). HUD waives the provisions regarding
deconcentration of poverty and expanding housing and economic opportunity, for
126 HAMC HCV Administrative Plan

existing housing sites. If units are transferred to a different housing site, then
deconcentration rule applies.
HUD will conduct a front-end civil rights review of PBV RAD conversions that involve
new construction that is located in an area of minority concentration (whether on the
existing public housing site or on a new site) to determine whether it meets one of the
conditions that would allow for new construction in an area of minority concentration.
The PHA must ensure that its RAD PBV conversion, including any associated new
construction, is consistent with its certification to affirmatively further fair housing and
complies with civil rights laws.
23.9 ENVIRONMENTAL REVIEW [24 CFR 983.58]
The financing plan includes a requirement for an environmental review. See Attachment
1A of PIH 2012-32, REV-2.
PART II - RAD PBV OWNERSHIP AND CONTRACT TERMS
23.10 LEGAL OWNERSHIP OF UNIT
For RAD public housing conversions, ownership must be either of the following:
 A public or nonprofit entity that has legal title to the property. The entity must
have the legal authority to direct the financial, legal, beneficial, and other
interests of the property.
 A private entity, if the property has low income tax credits. The PHA must
maintain control via a ground lease.
23.11 HAP CONTRACT REQUIREMENTS
Contract Information [24 CFR 983.203]
The PBV RAD program uses the HAP contract for new construction or rehabilitated
housing (HUD Form 52530A), as modified by the RAD rider (HUD Form 52621). The
distinction between “existing housing” and “rehabilitated and newly constructed housing”
is overridden by RAD requirements. The RAD rider must be attached to the PBV HAP
Contract and effectuates the conversion of public housing to PBV under RAD PBV. The
project must also have an initial RAD Use Agreement. All public housing RAD
conversion properties financed with LIHTC are required to include an LIHTC rider.
127 HAMC HCV Administrative Plan

Execution of the HAP Contract [24 CFR 983.204]
When the conditions of the CHAP and the RCC are met and the conversion has closed,
the PHA executes the HAP contract. The HAP contract effective date is the date of the
financial closing for the property, whether or not all units meet HQS.
Term of HAP Contract [24 CFR 983.205]
The initial term of the HAP Contract may not be for less than 15 years, and may be for a
term of up to 20 years upon request of the owner and with approval of the administering
voucher agency. Upon expiration of the initial term of the contract, and upon each
renewal term of the contract, the owner must accept each offer to renew the contract,
subject to the terms and conditions applicable at the time of each offer, and further
subject to the availability of appropriations for each year of each such renewal. To
implement this provision, HUD is waiving section 8(o) (13) (F) of the Act (which
established a maximum term of 15 years) as well as 24 CFR § 983.205(a) (which
governs contract term).
Agreement to Enter Into HAP (AHAP) – Waived
For public housing conversions to PBV, there will be no agreement to enter into a Housing
Assistance Payments (AHAP) contract. Therefore, all regulatory references to the
Agreement (AHAP), including regulations under 24 CFR Part 983 Subpart D are waived.
The definitions for proposal selection date, new construction, rehabilitation, and existing
housing are not applicable. For public housing conversions, an AHAP is not required.
Instead, a RAD conversion commitment (RCC) between HUD and the PHA governs the
construction work. For requirements for RAD PBV conversions see Notice PIH 2012-32,
REV-2.
23.12 MANDATORY CONTRACT RENEWAL
By statue, upon contact expiration, the agency administering the vouchers shall offer, and
the PHA shall accept, renewal of the contract subject to the terms and conditions
applicable at the time of renewal and the availability of appropriations each year for such
renewal. Consequently 24 CFR § 983.205(b), governing the PHA discretion to renew the
Contract for term of up to 15 years, will not apply.
In the event that the HAP Contract is removed due to breach, non-compliance or
insufficiency of Appropriations, for all units previously covered under the HAP Contract,
new tenants must have incomes at or below 80 percent of the area median income at the
time of admission and rents may not exceed 30% of 80% of median income for an
appropriate size unit for the remainder of the term of the RAD Use Agreement.
23.13 INITIAL CONTRACT RENTS
Initial PBV contract rents are subject to the statutory and regulatory PBV requirements
governing contract rents (see 24 CFR § 983.301). To this effect, initial contract rents
cannot exceed the lower of (a) the reasonable rent (as defined under 24 CFR § 983.303;
(b) an amount determined by the PHA, not to exceed 110 percent of the applicable FMR
128 HAMC HCV Administrative Plan

(or applicable exception payment standard), minus any utility allowance; or (c) the rent
requested by the owner.
PHAs may adjust subsidy (and contract rents) across multiple projects as long as the
PHA does not exceed the aggregate subsidy for all of the projects the PHA has submitted
for conversion under RAD. This use, which HUD refers to as “bundled” rents, is
permissible when a PHA submits applications for two or more projects. There is no limit
to the number of projects that a PHA may bundle.
Notwithstanding the current funding level, the initial rents are set at the lower of:
 110% of the fair market rent (FMR) or the PHA’s exception payment standard
approved by HUD, or the alternate rent cap in a PHA’s MTW agreement
 Reasonable rent in comparison to the unassisted housing market
 An amount determined by current funding
o Adjusted through rent bundling or reconfiguration of units
23.14 ADJUSTING CONTRACT RENTS
Rent Increase
Contract rents will be adjusted annually by HUD’s Operating Cost Adjustment Factor
(OCAF) at each anniversary of the HAP Contract, subject to the availability of
appropriations for each year of the contract term. As such, section 8(o) (13) (I) of the
Act and 24 CFR § 983.301 and 983.302, concerning rent determinations, shall not apply
when adjusting rents. The rent to owner may at no time exceed the reasonable rent
charged for comparable unassisted units in private market, as determined by the
Contract Administrator in accordance with 24 CFR § 983.303.
Contract rents may not exceed the reasonable rent, with the exception that the contract
rent for each unit may not be reduced below the initial contract rent under the initial HAP
contract.
However, the rent to owner may fall below the initial contract rent in the following
situations:
 To correct errors in calculations in accordance with HUD requirements;
 If additional housing assistance has been combined with PBV assistance after
the execution of the initial HAP contract and a rent decrease is required pursuant
to § 983.55 (Prohibition of excess public assistance); or
 If a decrease in rent to owner is required based on changes in the allocation of
responsibility for utilities between the owner and the tenant.
The contract rent adjustment will be the lesser of:
 The current contract rent increased by the operating cost adjustment factor
(OCAF), which is published annually in the Federal Register
 The reasonable rent
129 HAMC HCV Administrative Plan

Rent Decrease
Rents must not be reduced below the initial rent except to correct errors, for additional
subsidy to the property, or to realign utility responsibilities.
Notice of Rent Change
Rent adjustments are made on the contract anniversary date for all PBV units. Adjusted
rents may not exceed the lower of the reasonable rent, or the contract rent increased by
the operating cost adjustment factor (OCAF), except if the rent increase would result in
a rent below the initial rent. Rents must not fall below the initial contract rent.
PHA-Owned Units [24 CFR 983.301(g)]
For PHA-owned PBV units, the annual redetermination of rent at the anniversary of the
HAP contract are determined by the independent entity approved by HUD.
Contract rents will be adjusted annually by HUD’s Operating Cost Adjustment Factor
(“OCAF) at each anniversary of the HAP Contract, subject to the availability of
appropriations for each year of the contract term. As such, section 8(o) (13) (I) of the Act
and 24 CFR § 983.301 and 983.302, concerning rent determinations, shall not apply when
adjusting rents. The rent to owner may at no time exceed the reasonable rent charged
for comparable unassisted units in private market, as determined by the Contract
Administrator in accordance with 24 CFR § 983.303. However, the rent to owner shall
not be reduced below the initial rent to owner for dwelling units under the initial HAP
Contract.
HAMC Policy:
An owner’s request for a rent increase must be submitted to the HAMC 60 days prior to
the anniversary date of the HAP contract, and must include the new rent amount the
owner is proposing.
23.15 AMENDMENTS TO THE HAP CONTRACT
Substitution of Contract Units [24 CFR 983.207(a)]
In certain mixed finance projects, the PHA may ask HUD permission to have assistance
float among unoccupied units within the project that are the same bedroom size. The
unit to which assistance is floated must be comparable to the unit being replaced in
quality and amenities. For 504 accessible units, assistance may only float to another
504 accessible unit with the same bedroom size and features.
If the PHA chooses to float units, units are not specifically identified on the HAP
contract, rather the HAP contract must specify the number and type of units in the
property that are RAD PBV units, including any excepted units. The property must
maintain the same number and type of RAD units from the time of the initial HAP
contract execution forward.
130 HAMC HCV Administrative Plan

The PHA may not reduce the number of assisted units without HUD approval. Any HUD
approval of a PHA’s request to reduce the number of assisted units under is subject to
conditions that HUD may impose. MTW agencies may not alter this requirement.
Addition of Contract Units [24 CFR 983.207(b)]
Project owners are required to make available for occupancy by eligible tenants the
number of assisted units under the terms of the HAP contract.
Reduction in HAP Contract Units Due to Vacancies [24 CFR 983.254(b)]
The PHA may not reduce the number of assisted units without HUD approval. Any HUD
approval of a PHA’s request to reduce the number of assisted units under is subject to
conditions that HUD may impose. MTW agencies may not alter this requirement.
23.16 HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR
983.207(b) and 983.302(e)]
The HAP contract year is the period of 12 calendar months preceding each annual
anniversary of the HAP contract during the HAP contract term. The initial contract year
is calculated from the first day of the first calendar month of the HAP contract term.
The annual anniversary of the HAP contract is the first day of the first calendar month
after the end of the preceding contract year.
There is a single annual anniversary and expiration date for all units under a particular
HAP contract. The anniversary and expiration dates for all units coincide with the dates
for the contract units that were originally placed under contract.
23.17 UTILITY ALLOWANCES
When contract rent amounts are set initially, the amount does not include a utility
allowances. In general, the utility allowances that are used on the initial HAP contract at
closing are the public housing utility allowances that are in effect prior to conversion.
The CHAP must be updated prior to conversion to reflect current public housing utility
allowances. At its discretion, a PHA may use the FMRs and utility allowances in effect
during the 30-day period immediately before the beginning date of the HAP contract.
After conversion, unless a waiver is requested and approved by HUD, the PHA must
maintain a utility allowance schedule for tenant-paid utilities in accordance with standard
PBV and HCV utility allowance regulations at 24 CFR 983.301(f)(2)(ii) and 24 CFR
982.517 respectively. These utility allowances are effective for in-place families at
recertification.
The PHA may request a waiver from the PIH Field Office, however, in order to establish
site-specific utility allowance schedules. MTW agencies would instead secure approval
through their MTW Plan. To be approved, the PHA must show good cause that the
utility allowance schedule for their voucher program would either:
131 HAMC HCV Administrative Plan

 Create an undue cost for families because the utility allowance provided under
the voucher program is too low, or
 Discourage conservation and efficient use of HAP funds because the utility
allowance provided under the voucher program would be excessive if applied to
the Covered Project
The PHA must submit an analysis of utility rates for the community and consumption
data of project residents in comparison to community consumption rates; and a
proposed alternative methodology for calculating utility allowances on an ongoing basis.
When, as a result of a RAD conversion, the project will experience an improvement in
energy and water efficiencies, PHAs can submit UA projections performed by a
professional engineer, based on the project’s plans and specifications that, at a
minimum, take into account specific factors including, but not limited to, unit size,
building orientation, design and materials, mechanical systems, appliances, and
characteristics of the building location. The projections must be submitted in the RAD
UA Projections.
HAMC Policy:
The HAMC will use the HCV utility allowance schedule for the RAD
developments.
23.18 HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351]
For a discussion of funding during the first year after the RAD conversion for units
converting to PBV under RAD, see Notice PIH 2012-32, REV-2.
PART III - RESIDENTS RIGHTS AND PARTICIPANTS
23.19 PROHIBITED RE-SCREENING OF EXISTING TENANTS UPON CONVERSION
Current households are not subject to rescreening, income eligibility, or income targeting
provisions. Consequently, current households will be grandfathered for conditions that
occurred prior to conversion but will be subject to any ongoing eligibility requirements for
actions that occur after conversion. For example, a unit with a household that was over-
income at time of conversion would continue to be treated as an assisted unit. Thus, 24
CFR § 982.201, concerning eligibility and targeting, will not apply for current households.
Once that remaining household moves out, the unit must be leased to an eligible family.
The HAMC will make their best effort to appropriately size households throughout the
conversion.
Existing residents at the time of conversion may not be rescreened for citizenship status
or have their social security numbers reverified.
132 HAMC HCV Administrative Plan

Income Targeting [24 CFR 982.201]
The income targeting requirement does not apply to existing residents at the time of
conversion. Subsequent new admissions count towards the PHA’s calculation.
In-Place Families [24 CFR 983.251(b)]
For the RAD PBV program, in-place families means a family who lived in a pre-
conversion property at the time assistance was converted from public housing to PBV
under RAD.
23.20 RELOCATION REQUIREMENTS [24 CFR 983.7]
In some developments, in-place residents may need to be relocated as a result of
properties undergoing repairs, being demolished and rebuilt, or when assistance is
transferred from one site to another. RAD program rules prohibit the permanent,
involuntary relocation of residents as a result of conversion. Residents that are
temporarily relocated retain the right to return to the project once it has been completed.
Relocation assistance provided to residents will vary depending on the length of time
relocation is required. Residents must be properly notified in advance of relocation
requirements in accordance with RAD program rules and Uniform Relocation Act (URA)
requirements. Sample informing notices are provided in Appendices 2-5 of PIH Notice
2014-17. While the PHA is not required to have a written relocation plan, HUD strongly
encourages PHAs to prepare one. Appendix I of PIH Notice 2014-17 contains
recommended contents for a relocation plan.
In addition, PHAs must undertake a planning process that complies with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
(URA), although not all relocations under RAD will trigger requirements under URA.
URA statute and implementing regulations may be found at 49 CFR Part 24.
23.21 RESIDENT RIGHT TO RETURN
Any residents that may need to be temporarily relocated to facilitate rehabilitation or
construction will have a right to return to an assisted unit at the development once
rehabilitation or construction is completed. Where the transfer of assistance to a new site
is warranted and approved residents of the converting development will have the right to
reside in an assisted unit at the new site once rehabilitation or construction is complete.
Residents of a development undergoing conversion of assistance may voluntarily accept
a PHA or Owner’s offer to permanently relocate to another assisted unit, and thereby
waive their right to return to the development after rehabilitation or construction is
completed.
RAD program rules prohibit the permanent, involuntary relocation of residents as a
result of conversion. Residents that are temporarily relocated retain the right to return to
the project once it has been completed. As part of the conversion process, the PHA
must consider the best way to transition families who are already on the existing public
housing waiting list to the new PBV waiting list. Considerations vary depending on
133 HAMC HCV Administrative Plan

whether the current public housing waiting list is system-wide or site-based and on what
type of waiting list the PHA will adopt once units are converted. While special
consideration must be given when initially establishing the RAD PBV waiting list, once
the waiting list is established, requirements are the same in RAD PBV as in the regular
PBV program.
23.22 RENEWAL OF LEASE
The PHA must renew all leases upon lease expiration, unless good cause exists.
Consequently, 24 CFR § 983.257(b) (3) will not apply. This provision must be
incorporated by the PBV owner into the tenant lease or tenancy addendum, as
appropriate.
The PHA must include resident procedural rights for termination notification and
grievance procedures in the owner’s lease. These requirements are not part of the
regular PBV program but are required under RAD. An example of language that may be
included can be found in Attachment-1E of PIH 2012-32, REV-2.
Leases for residents who will remain in place (i.e., who will not be relocated solely as a
result of conversion) must have an effective date that coincides with — and must be
signed on or before —the effective date of the RAD PBV HAP contract.
Tenancy Addendum [HUD 52530-C]
The PBV owner and the family representative must sign the HUD form 52530-C Tenancy
Addendum which is an attachment to the lease and outlines required lease provisions of
the PBV program.
PBV Statement of Family Responsibility [HUD 52578-B]
A family representative must sign the HUD form 52578-B Statement of Family
Responsibility and comply with obligations described therein, including participation in
any required services.
23.23 SECURITY DEPOSIT [24 CFR 982.313 (a) and (b)]
Owners are permitted to recognize security deposit amounts that have been previously
provided by tenants who are in-place at the time of the RAD conversion. Otherwise the
security deposit requirements for standard PBV apply.
23.24 REEXAMINATIONS
A family living in a unit converted from public housing to RAD PBV may retain its
certification date. Unless a family’s annual reexamination is due at the same time as the
effective date of the RAD PBV HAP contract, the PHA does not need to recertify tenants
at the point of conversion. For each family residing in a unit undergoing conversion of
assistance under RAD, the administering PHA will have to submit a HUD-50058
reflecting the family’s admission to the voucher program. The effective date of the new
134 HAMC HCV Administrative Plan

admission will be the same as the effective date of the RAD PBV HAP contract. The
form should include the same information previously found on the public housing 50058,
including the next annual reexamination date.
23.25 PHASE-IN OF TENANT RENT INCREASES
If a tenant’s monthly rent increases by more than the greater of 10 percent or $25 purely
as a result of conversion, the rent increase will be phased in over 3 years. To implement
this provision, HUD is waiving section 3(a)(1) of the Act, as well as 24 CFR § 983.3
(definition of “total tenant payment” (TTP)) only to the extent necessary to allow for the
phase-in of tenant rent increases.
HAMC Policy:
The HAMC will implement a five-year phase-in for families whose rent increases
by more than the greater of 10 percent or $25 as a result of the conversion as
follows:
 Year 1: Any recertification (interim or annual) performed prior to the second
annual recertification after conversion – 20% of difference between most
recently paid TTP and the standard TTP
 Year 2: Year 2 Annual Recertification (AR) and any Interim Recertification (IR)
- 40% of difference between most recently paid TTP and the standard TTP
 Year 3: Year 3 Annual Recertification (AR) and any Interim Recertification (IR)
- 60% of difference between most recently paid TTP and the standard TTP
 Year 4: Year 4 Annual Recertification (AR) and any Interim Recertification (IR)
- 80% of difference between most recently paid TTP and the standard TTP
 Year 5: Year 5 AR and all subsequent recertifications – Full standard TTP
23.26 FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455]
Current residents living in the property prior to conversion are placed on and remain
under the HAP contract when TTP equals or exceeds gross rent. In this case, the family
will pay with owner an amount equal to their TTP. The family will continue to pay this
amount until/if circumstances change and HAP is paid on their behalf. In other words,
assistance may subsequently be reinstated if the tenant becomes eligible for
assistance. In such cases, the resident is still considered a program participant. All of
the family obligations and protections under RAD and standard PBV apply to the
resident. Likewise, all requirements with respect to the unit, such as compliance with the
HQS requirements, apply as long as the unit is under HAP contract.
Following conversion, the standard PBV regulations apply to any new families referred
to the project. See Chapter 4 of HAMC’s Administrative Plan: Voucher Issuance and
Subsidy Standards.
135 HAMC HCV Administrative Plan

23.27 PUBLIC HOUSING FSS AND ROSS PARTICIPANTS
Current PH FSS participants will continue to be eligible for FSS once their housing is
converted under RAD, and PHAs will be allowed to use any PH FSS funds granted
previously or pursuant to the FY 2013 PH FSS NOFA, to serve those FSS participants
who live in units converted by RAD and who will as a result be moving to the HCV FSS
program. A PHA must convert the PH FSS program participants at the covered project
to their HCV FSS program.
Residents who were converted from the PH FSS program to the HCV FSS program
through RAD may not be terminated from the HCV FSS program or have HCV assistance
withheld due to the participant’s failure to comply with the contract of participation.
Consequently, 24 CFR 984.303(b)(5)(iii) does not apply to FSS participants in converted
properties.
Current ROSS-SC grantees will be able to finish out their current ROSS-SC grants once
their housing is converted under RAD. However, once the property is converted, it will no
longer be eligible to be counted towards the unit count for future public housing ROSS-
SC grants.
23.28 RESIDENT PARTICIPATION AND FUNDING
Residents of covered projects converting assistance to PBVs will have the right to
establish and operate a resident organization for the purpose of addressing issues
related to their living environment and be eligible for resident participation funding.
23.29 RESIDENTS PROCEDURAL RIGHTS
In addition to the regulations at 24 CFR § 983.257, related to owner termination of tenancy
and eviction the termination procedure for RAD conversions to PBV will require that PHAs
provide adequate written notice of termination of the lease which shall not be less than:
 A reasonable period of time, but not to exceed 30 days:
o If the health or safety of other tenants, PHA employees, or persons residing
in the immediate vicinity of the premises is threatened; or
o In the event of any drug-related or violent criminal activity or any felony
conviction;
 14 days in the case of nonpayment of rent; and
 30 days in any other case, except that if a State or local law provides for a shorter
period of time, such shorter period shall apply.
23.30 INFORMAL REVIEWS AND HEARINGS
Unlike in the standard PBV program, residents in converted projects have the right to
request an informal hearing for issues that adversely affect the resident’s rights,
obligations, welfare, or status with both the PHA and the project owner.
136 HAMC HCV Administrative Plan

In addition to reasons that require an opportunity for an informal hearing given in 24 CFR
§ 982.555(a)(1)(i)-(vi), 31 an opportunity for an informal hearing must be given to
residents for any dispute that a resident may have with respect to a PHA (as owner) action
in accordance with the individual’s lease or the contract administrator in accordance with
RAD PBV requirements that adversely affect the resident’s rights, obligations, welfare, or
status.
o For any hearing required under 24 CFR § 982.555(a)(1)(i)-(vi), the contract
administrator will perform the hearing, as is the current standard in the program.
o For any additional hearings required under RAD, the PHA (as owner) will perform
the hearing.
An informal hearing will not be required for class grievances or to disputes between
residents not involving the PHA (as owner) or contract administrator. This hearing
requirement shall not apply to and is not intended as a forum for initiating or negotiating
policy changes between a group or groups of residents and the PHA (as owner) or
contract administrator.
The PHA (as owner) give residents notice of their ability to request an informal hearing
as outlined in 24 CFR § 982.555(c)(1) for informal hearings that will address
circumstances that fall outside of the scope of 24 CFR § 982.555(a)(1)(i)-(vi).
The PHA (as owner) provide opportunity for an informal hearing before an eviction.
Notice to the Family [24 CFR 982.555(c)]
For decisions related to the termination of the family’s assistance, the notice must
contain a brief statement of the reasons for the decision, a statement that if the family
does not agree with the decision, the family may request an informal hearing on the
decision, and a statement of the deadline for the family to request an informal hearing.
Residents must be provided with notice of the specific grounds of the Project Owner’s
proposed adverse action, as well as their right to an informal hearing with the Project
Owner.
Non-Compliance with Supportive Services Requirement [24 CFR 983.257(c),
FR Notice 11/24/08]
Under RAD, the requirement that a family must actually receive services to reside in a
unit where families receive supportive services differs. Families living in units that will
convert under RAD must be given the option to receive supportive services. If such
services are declined by the household, the unit shall remain under the HAP contract,
the household shall not be terminated from the PBV program, and the decision to
decline an offer to receive supportive services shall not represent a ground for lease
termination. Once the initial household residing in the excepted unit under RAD vacates
such unit, all PBV program requirements related to the required receipt of supportive
services shall apply.
137 HAMC HCV Administrative Plan

23.31 EARNED INCOME DISREGARD
Tenants who are employed and are currently receiving the EID exclusion at the time of
conversion will continue to receive the EID after conversion, in accordance with
regulations at 24 CFR § 5.617. Upon the expiration of the EID for such families, the rent
adjustment shall not be subject to rent phase-in, as described in Section 1.6.C.4; instead,
the rent will automatically rise to the appropriate rent level based upon tenant income at
that time.
Under the Housing Choice Voucher program, the EID exclusion is limited to only persons
with disabilities (24 CFR § 5.617(b)). In order to allow all tenants (including non-disabled
persons) who are employed and currently receiving the EID at the time of conversion to
continue to benefit from this exclusion in the PBV project, the provision in section 5.617(b)
limiting EID to only disabled persons is waived. The waiver and resulting alternative
requirement only applies to tenants receiving the EID at the time of conversion. No other
tenant (e.g., tenants who at one time received the EID but are not receiving the EID
exclusion at the time of conversion (e.g., due to loss of employment); tenants that move
into the property following conversion, etc.,) is covered by this waiver.
23.32 CHOICE MOBILITY VOUCHERS
One of the key features of the PBV program is the mobility component, which provides
that if the family has elected to terminate the assisted lease at any time after the first
year of occupancy in accordance with program requirements, the PHA must offer the
family the opportunity for continued tenant based rental assistance, in the form of either
assistance under the voucher program or other comparable tenant-based rental
assistance, if available.
HAMC Policy:
The HAMC will not apply a turnover cap of available Housing Choice Vouchers
for RAD PBV families who wish to exercise mobility. The HAMC will maintain a
combined waiting list for all PBV and RAD PBV families wishing to exercise
mobility after one year of tenancy.
PART IV - HOUSING QUALITY STANDARD INSPECTIONS
23.33 ANNUAL/BIENNIAL INSPECTIONS [24 CFR 983.103(d); FR Notice 6/25/14]
Housing Quality Standards (HQS) apply to the standard and RAD PBV program.
At least once every 24 months during the term of the HAP contract, the PHA must
inspect a random sample consisting of at least 20 percent of the contract units in each
building to determine if the contract units and the premises are maintained in
accordance with HQS. Turnover inspections are not counted toward meeting this
inspection requirement.
138 HAMC HCV Administrative Plan

HAMC Policy:
The PHA will inspect on an annual basis a random sample consisting of at least
20 percent of the contract units in each building to determine if the contract units
and the premises are maintained in accordance with HQS.
If more than 20 percent of the sample of inspected contract units in a building fail the
initial inspection, the PHA must reinspect 100 percent of the contract units in the
building.
23.34 INITIAL HQS INSPECTION [24 CFR 982.401(a)]
The RAD PBV program follows the same inspection requirements as the standard PBV
program with the exception that RAD PBV units must meet HQS no later than the date
of completion of initial repairs as indicated in the RAD Conversion Commitment (RCC).
All turnover units must be inspected prior to leasing to an eligible family from the HAMC
waiting list. Please see chapter 17 of HAMC’s Administrative Plan at Section 17-VIII.D.
INSPECTING UNITS for timing of initial inspections in the standard and RAD PBV
programs
23.35 PHA-OWNED UNITS [24 CFR 983.51(e) and 983.59]
For units converting to RAD PBV, housing quality standards inspections must be
conducted by an independent entity approved by HUD.
The independent entity that performs these program services may be the unit of general
local government for the PHA jurisdiction (unless the PHA is itself the unit of general
local government or an agency of such government) or another HUD-approved public or
private independent entity.
23.36 SECTION EIGHT MANAGEMENT ASSESSMENT PROGRAM (SEMAP)
INDICATORS [24 CFR 985.3 and form HUD-52648]
All SEMAP indicators apply to both the standard and RAD PBV programs with the
exception of SEMAP Indicator 12: Annual HQS Inspections. PBV HQS inspection
requirements only call for a random sample of 20 percent of the units in each project to
be inspected annually.
PART V - APPLICATIONS, WAITING LIST AND BRIEFINGS
23.37 APPLICATIONS
Projects will take applications according to HAMC’s Administrative Plan, Chapter 21
Project-Based Vouchers.
23.38 ORGANIZATION OF THE WAITING LIST [24 CFR 983.251(c)]
Projects will organize the waiting list according to HAMC’s Administrative Plan, Chapter
21 Project-Based Vouchers.
139 HAMC HCV Administrative Plan

PHAs must offer families on a public housing project-specific waiting list priority for
occupancy at the converted site.
The PHA must maintain the project-specific waiting list in accordance with all applicable
civil rights and fair housing regulations found at 24 CFR 903.7(b)(2)(ii)-(iv). The PHA
must provide applicants full information about each development including an estimate
of the wait time, location, occupancy, number and size of accessible units, amenities
like day care, security, transportation and training programs at each development with a
site-based waiting list. The system for selection from site-based waiting lists must be
consistent with all applicable civil rights and fair housing laws and regulations and may
not be in conflict with any imposed or pending court order, settlement agreement or
complaint brought by HUD.
The PHA must assess any changes in racial, ethnic or disability-related tenant
composition at each PHA site that may have occurred during the implementation of the
site-based waiting list, based on confirmed and accurate PIC occupancy data. At least
every three years, PHA must use independent testers to assure that the site-based
system is not being implemented in a discriminatory manner.
If the converted project will serve a different population than the one served by the
original project, the PHA must obtain written HUD approval.
23.39 BRIEFINGS AND FAMILY OBLIGATIONS
HUD regulations require the PHA to conduct mandatory briefings for applicant families
who qualify for assistance in a PBV unit. The briefing provides a broad description of
owner and family responsibilities and the PHA’s procedures. This part describes how
oral briefings will be conducted, specifies what written information will be provided to
families, and lists the family’s obligations under the program.
Oral Briefing (24 CFR 983.252(a))
For standard and RAD PBV units:
 A description of how the program works; and
 Family and owner responsibilities
Briefing Packet [24 CFR 983.252(b)]
For standard and RAD PBV units, the regulations only require that the following items
must be included in the briefing packet:
 How the PHA determines the total tenant payment for a family;
 Family obligations under the program; and
 Applicable fair housing information
140 HAMC HCV Administrative Plan

Family Obligations [24 CFR 982.551]
Obligations of the family are described in the housing choice voucher (HCV) regulations
and on the PBV Statement of Family Responsibility. These obligations include
responsibilities the family is required to fulfill, as well as prohibited actions. The PHA
must inform families of these obligations during the oral briefing, and the same
information must be included in the briefing packet. When an offer of PBV assistance is
made, the family must meet those obligations in order to participate in the program.
Violation of any family obligation may result in termination of assistance, as described in
Chapter 14.
A family representative must sign the HUD form 52578-B Statement of Family
Responsibility and comply with obligations described therein, including participation in
any required services.
141 HAMC HCV Administrative Plan