ANNUAL PLAN PACKET.PDF
City of Tempe — Tempe Housing Authority Quarterly Meeting (2026-04-06)
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Annual Public Housing Agency (PHA) Plan Fiscal Year 2026-2027
Tempe Housing Authority Administrative April 2026
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
A. PHA Information
Program
Units
Housing Choice Voucher Program
1,069
HUD-VASH Program
40
Mainstream Housing Choice Voucher
64
Family Unification Program
30
Emergency Housing Vouchers
37
Total Vouchers
1240
B. Annual Plan Elements
B.1 Revision of PHA Plan Elements
Strategies For Addressing Housing Needs of Those Served by PHA
The City of Tempe’s shortage of housing is most severe in the rental market, affecting the lowest income
residents. To turn this around and ultimately expand affordable housing options for voucher recipients and
low to moderate incomed residents, the City of Tempe has employed or is exploring:
•
Tempe continued its commitment to expanding public services for vulnerable populations,
ensuring low and moderate-income residents had access to essential community resources.
Services included fair housing outreach and support services for special needs aligning with
the City’s goal to improve the well-being of underserved communities
•
Landlord engagement strategies are ongoing to include landlord recruitment and retention,
monetary and non-monetary programs, damage mitigation programs, and landlord focused
networking and training events.
•
Effective January 1, 2026, the Tempe Housing Authority (THA) transitioned to Small Area Fair
Market Rents and employed four different Payment Standards to encourage participants to
move into higher opportunity areas in Tempe. Zip Codes 85281 and 85282 are grouped with one
payment standard, Zip Codes 85283, 85284, 85288 each have their own payment standards.
•
Ongoing Case management for specialty program participants who require additional support to
remain stably housing is ongoing. A Housing Specialist is assigned to the VASH, Mainstream, and
FUP voucher holders, including the enrollment of six special program voucher holders in the
Family Self- Sufficiency {FSS) program and will work to increase the number enrolled to 15.
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
•
Hometown For All is Tempe's innovative affordable housing initiative approved by Tempe City
Council in January 2021. Hometown For All has done two things: it created a dedicated funding
source that channels a portion of revenue directly to support the Tempe Coalition for Affordable
Housing's (TCAH) activities to help Tempe realize its vision of creating more permanently
affordable housing, and it is inspiring new donations from developers to support the Tempe
Coalition's work. To date, the City has invested over $11 million in Hometown For All, and
TCAH has received $3.7 million in donations and $18.5 million in pledges from the Development
community.
•
The Tempe Coalition for Affordable Housing (TCAH), an affiliate non-profit to the Housing lead
Authority, purchases, develops, and manages high quality housing across Tempe to provide
needed permanently affordable housing in the community. TCAH owns and manages its own
properties to ensure long-term stability, protecting residents from unpredictable rent increases
and displacement. TCAH uses Hometown for All funds and donations for the acquisition of land
and real property to create permanently affordable housing units and redevelopment of city-
owned properties. To date, TCAH's housing portfolio consists of 73 permanently affordable
single family, condo, and townhome properties throughout the City of Tempe.
•
THA will actively participate in the 5-year Consolidated Plan development process to
ensure coordination with broader community strategies.
•
THA will apply for additional Housing Choice vouchers as they become available.
•
THA will leverage federal funding and other affordable housing resources in the community
through the creation of mixed-finance housing with private equity and investment.
•
THA will build partnerships with other governmental agencies and municipalities to address
regional issues pertaining to affordable housing and homelessness.
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
Over the course of several months, the THA team reviewed policies and discussed alternatives and
potential impacts to changing current policies. Many of the recommended changes result from the
required and discretionary policies of the Housing Opportunities with Modernization Act (HOTMA) and
supporting Public and Indian Housing notices (PIH Notice). The PIH Notices update program rules with
both mandated actions as well as setting forth discretionary policies that allow the housing agencies to
create policies that are appropriate to their environment and population.
The following table summarizes new policies, the basis and rationale for the change. Minor changes such
as grammatical corrections and ordering of sections is not provided below. These changes were made to
improve the flow and readability of the policy document.
Updated Policy
Rational for change
CHAPTER 3- General Fair Housing Policies
Remove reference to the Equal Access Rule
Guidance has been rescinded by HUD
3.6 Language Assistance Plan and Limited English
Proficiency Policy. Remove reference to the Federal
Register.
Remove requirement to review the language needs annually
as part of the Annual Plan Process
Reference to HUD guidance has been
removed per HUD’s English-only
initiative. However, the requirement to
assist meaningful access to LEP
remains under the Civil Rights Act of
1964.
CHAPTER 6: Tenant Rent and Housing Assistance Payment Calculation
6.2 Earned Income Disallowance has been removed.
Per HUD regulation 24 CFR 5.617
CHAPTER 7: Request for Tenancy Approval and Leasing
7.4 Voucher Term. Exception to the voucher term of 60
days now will include; The participant residing in a unit for
which the HAP contract is terminated due to an owner failure
to correct HQS deficiencies will have a voucher term of 90
days following the termination of the HAP contract to lease a
new unit.
24 CFR 982.303
CHAPTER 11: ONGOING PROGRAM OPERATIONS
11.1 Compliance with THA Requested Information and
Appointments.
Families are obligated to comply with all THA requests for
information, including attendance at THA-required meetings,
within the timeframes specified. The THA will provide
families with up to two written notifications requesting
required information and will schedule no more than two
meetings to obtain such information. Failure to respond to
these requests or attend scheduled meetings may result in
termination of assistance from the HCV Program. Exceptions
to this policy will be granted when necessary as a reasonable
accommodation for a person with a disability or when
circumstances fall under the protections of the Violence
Against Women Act (VAWA).
The addition of this provision is to
ensure timely compliance with THA
and HUD requirements for information
collection.
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
CHAPTER 13: Project Based Vouchers
13.1 A project is a single building, multiple contiguous
buildings, or multiple buildings on contiguous parcels of land.
Contiguous in this definition includes “adjacent to”, as well as
touching along a boundary or a point. The THA may provide
voucher assistance to project by entering into a Housing
Assistance Payment (HAP) contract for a period of up to 20
years for each contracted unit (previous Administrative Plan
incorrectly stated 15 years). The THA may use up to 20
percent of Housing Choice Voucher authorized units for
project based assistance. The THA may increase the use of
Project Based Vouchers additional 10 percent for homeless
families, families with veterans, supportive housing for
persons with disabilities or elderly persons, or in areas where
vouchers are difficult to use.
This is corrected and now provides
that the HAP contract may be entered
into for a period up to 20 years.
13.11 Tenant Selection from Wait List. Eligibility for selection
in the Project-Based Voucher program will align with THA’s
tenant-based program. The THA will ensure program integrity
though oversight of the Valor and any subsequently property
maintained wait list through the procedures outlined in
Appendix C – PBV Property Wait List Oversight.
Updated policy to indicate when there
is a Property Maintained PBV Wait List
as described in Section 13.11 Tenant
Selection from the Wait List, the THA
will oversee the wait list to ensure
integrity. The oversight process is
outlined in Appendix C – PBV Property
Wait List Oversight.
CHAPTER 14: Tenant Based Rental Assistance
This chapter has been removed from the Administrative Plan
The THA program is not governed
under the HUD HCV program
regulation or requirements.
CHAPTER 16: Informal Reviews and Informal Hearings
16.3.4 Review/Hearing Process.
The family has a right to view any documents or evidence in
the possession of THA, which will be provided at the
scheduling of hearing.
Notice to the family that the THA will request a copy of any
documents or evidence the family will use at the hearing be
provided to THA by the end of business the day prior to the
scheduled hearing date.
Updated policy to reflect current
procedure.
CHAPTER 17: Program Integrity
17.5 Family Prohibited Actions. The following behaviors by
participants or applicants towards THA staff is not permitted.
•If the family has engaged in or threatened abusive or violent
behavior toward PHA personnel.
•Use of vulgar, abusive, or threatening language toward staff
or other participants
•Physical aggression or intimidation
•Repeated disruptions to agency operations or services
•Disrespectful or discriminatory remarks
•Any conduct that undermines the safety or integrity of our
programs
This clarification is to ensure respectful
conduct of business and a safe work
environment for THA staff.
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
The THA will provide a verbal warning to families/owners
engaged in the above activities to cease their behavior and to
reschedule a meeting to resume HCV business activities
when they may do so in a respectful manner. Failure to
comply with this policy will result in termination / denial of the
voucher.
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
Financial Resources:
Planned Sources and Uses
Sources
Planned$
Planned Uses
1. Federal Grants
a) Annual Contributions for Housing
Choice Voucher Subsidy (HCV)
18,995,749
Housing and Utility Voucher payments
for the HCV Program
b) Annual Contributions for Housing
Choice
Voucher Administration
1,348,283
Operating/Administrative Expenses
c) Annual Contributions for
Mainstream Subsidy
951,982
Housing and Utility Voucher payments
for the Mainstream Program
d) Annual Contributions for Mainstream
Administration
62,686
Operating/Administrative Expenses
e) Annual Contributions for
Emergency Housing Voucher
Subsidy (EHV)
536,972
Housing and Utility Voucher payments
for the EHV Program
f)
Annual Contributions for Emergency
Housing Voucher Administration
35,206
Operating/ Administrative Expenses
g) FSS Family Self Sufficiency
99,334
Grant Awarded for the FSS Coordinator
h) HOME ARP
1,369,939
Homeless Housing Navigation
Shelter Rehab
i)
HOME
575,285
Tenant-Based Rental Assistance
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
Planned Sources and Uses
Sources
Planned$
Planned Uses
j)
ESG
5,000
Rapid Rehousing
k) CDBG
177,773
Shelter Operations
l) CDBG
624,642
Emergency Home Repair
m) Transportation/HUD Community
Project
1,666,279
Affordable Housing
2. Prior Year Federal Grants (unobligated funds only)
a) Transportation/HUD Community
Project
500,000
Affordable Housing
b) Annual Contributions for Emergency
Housing Voucher Service Fees
47,217
Housing Navigation for EHV
participants
c) HOME ARP
1,026,758
Homeless Housing Navigation
Shelter Rehab
3. Non-Federal Sources
a) City General Fund Contribution
586,171
Shelter Operations, Landlord
Engagement & Risk Mitigation
Total Resources
28,609,276
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
Rent Determination: Housing Choice Voucher (HCV) payment standards are used to calculate the
Housing Assistance Payment (HAP) the Housing Authority pays to the owner on behalf of the family
leasing the unit. The level at which the payment standard amount is set directly affects the amount of
subsidy a family will receive, and the amount of rent paid by program participants. THA is required to
adopt a payment standard schedule that establishes voucher payment standard amounts for each unit
size in its jurisdiction. Effective January 1, 2026, the Tempe Housing Authority (THA) transitioned to
Small Area Fair Market Rents and employed four different Payment Standards to encourage
participants to move into higher opportunity areas in Tempe. Zip Codes 85281 and 85282 are grouped
with one payment standard, Zip Codes 85283, 85284, 85288 each have their own payment standards
(see Table below).
Zip Codes
Zip Code
Zip Code
Zip Code
Bedroom
Size
85281,
85282
85283
85284
85288
Occupancy Standard
(Minimum/Maximum)
0
$1,431
$1,485
$1,818
$1,460
1-2
1
$1,557
$1,701
$1,980
$1,501
1-4
2
$1,910
$2,080
$2,550
$1,840
2-6
3
$2,680
$2,632
$3,060
$2,450
3-8
4
$2,970
$3,080
$3,393
$2,992
4-10
5
$3,415
$3,542
$3,902
$2,972
5-12
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
B.2 New Activities: As part of the Housing Services Division of the City of Tempe's Community Health &
Human Services Department, the THA collaborates with other services and agencies to support the
city's housing initiatives. The primary goal is to expand and preserve affordable housing options
through all available strategies and resources, and to support them in their housing.
•
The THA endeavors to establish a project-based voucher program using up to 20% of its
authorized units (228) for the purposes of deconcentrating poverty, expanding housing and
economic opportunities, or providing additional housing options to vulnerable populations
(experiencing homelessness, veterans, elderly, disabled). A Request for Proposals will be
pursued in FY2026.
•
The THA will continue to administer a HOME-funded Tenant Based Rental Assistance (TBRA)
program designed to end/prevent homelessness for individuals who are currently homeless, at
risk of homelessness, or will be homeless due to fleeing domestic violence. The program now
serves 16 families. THA will be reviewing HOME regulations related to tenant-based rental
assistance to support the rollout of an updated tenant-based rental assistance program.
•
The THA will continue working with the Tempe Coalition for Affordable Housing, the City's
Affiliate Non-Profit (a 501C 3), and the Community Development Block Grant (CDBG) program
to increase Tempe’s affordable housing supply, in which a portion of CDBG funding is utilized
to purchase homes. During this reporting period, Tempe Housing Services acquired three
single-family homes. These homes are managed by the Tempe Coalition for Affordable
Housing, Inc as permanently affordable rental homes available to Tempe residents with an
income of 80% or below of the current AMI.
•
The THA will continue working in collaboration with market rate developers for the inclusion of
affordable and workforce housing units in new developments (single or multi-family). These
units would be subject to a monitoring requirement, and if this endeavor is successful, the
Housing Services Division may perform the income/eligibility monitoring during the
affordability period. It is expected that this initiative will continue in future years.
•
Tempe Housing Services continues to receive multiple outside grants and awards to support the
mission of providing shelter and affordable housing to Tempe residents. All successful grant
applications are in conjunction with partner agencies, with the eligibility being determined by
the PHA.
•
THA will continue its robust landlord recruitment and retention programming, damage
mitigation programs, and landlord-focused networking and training events.
•
Tempe's EnVision Center is a one-stop resource and response hub designed with the community to
meet their unique needs and help individuals and families thrive in Tempe. The City of Tempe
markets the Tempe EnVision Center to low and moderate income households to make residents
aware of local resources provided. Through Community Health and Human Services, with support
from the city's nonprofit partner Tempe Community Council, the EnVision Center offers year-round
programs and services such as support with job search, technology classes, parenting programs and
more
EnVision Center first year:
o
In partnership with ARIZONA@work, the EnVision Center has achieved record-breaking
outcomes by hosting quarterly job fairs that attract an average of 300+ attendees and
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
generate approximately 200 interviews for local job seekers per event.
o
IDIA’s Hive inside the Tempe EnVision Center served as a neighborhood access point
for technology, learning, and service navigation for nearby low- and moderate-income
households. A total of 3,728 navigator-supported Hive interactions were recorded.
(Source: IDIA. Note that IDIA counts duplicated attendees and includes numbers from
events that utilize Hive Wi-Fi)
o
The Hive by IDIA, the EnVision Center’s anchor tenant, is open to the public daily and
provides critical resources for residents impacted by poverty, limited digital access, and
literacy barriers, including job search support, housing assistance, and free weekly
workshops.
The EnVision Center provides financial empowerment resources alongside technology
assistance, including financial education, budgeting support, and free workshops through
nonprofit partnerships. A full-service mobile bank is available every other Tuesday to help
community members explore financial products and open accounts.
•
The THA will conduct quarterly workshops that will provide access for Family Self-Sufficiency
participants to access community resources and information.
•
THA will provide Family Self-Sufficiency participants with a monthly newsletter featuring program
announcements and upcoming community resources.
•
The THA is developing virtual briefing modules that will be available to all participants. There will
be a series of short videos explaining the program rules and regulations specific to the program
at the City of Tempe and will be available online allowing continued access to this valuable
information.
•
Tempe Housing Services conducts a housing inventory and affordability analysis. The primary
purpose of the study is to help us understand current affordability of existing housing stock and to
inform future decision-making related to housing affordability. The study will include demographic
and income profiles, an analysis of existing housing stock, a peer community affordability analysis,
and an extensive gaps analysis by tenure, income, and housing type. This information is also used
to inform the CDBG/HOME/ESG 5-year Consolidated Plan. Current update will be completed this
fiscal year.
•
In May 2026 the THA will host a landlord engagement event that will take place in the City's
History Museum. This event will be all for current and potential landlords in the community to
come and speak with housing staff to answer any questions they may have had regarding the
voucher programs.
•
THA continues administering its successful Landlord Promise Program. The Landlord
Promise Program provides loss mitigation to landlords with rental properties that have been
damaged beyond normal wear and tear by program participants.
•
THA hosts regular Landlord Information Sessions to inform current and potential landlords in
the community about program updates, provide landlords an opportunity to speak with housing
staff and ask questions about the voucher program, and to network with other landlords in the
community.
•
The THA will issue a Request For Proposals to contract with a third-party inspector in order
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
to increase inspections capacity in an effort to shorten wait times for inspections.
•
A motel was acquired in September 2024 to rehab into a homeless bridge shelter. The property
is currently under rehabiliation and will provide 56 shelter beds. It is anticipated to open Fall
2026.
•
TCAH acquired and will develop affordable housing on 1409 E. Apache Blvd.
•
The CDBG funded Emergency Repair and Rehabilitation Programs is coming back online this
year with the purpose of addressing low-income homeowner’s health and safety concerns within
their households. The programs will address emergency HVAC, plumbing, and electrical defects
in the home as well as provide roofing repairs, accessibility improvements and energy efficiency
upgrades.
Progress Report: The PHA continued to make progress in meeting its Mission and Goals as described in the 5-
Year Plan and Annual Plan through the following actions:
Goals:
Accomplishments:
Empower and Support Employee Growth and
Success: We are dedicated to empowering our
employees by providing the tools, support, and
opportunities needed to grow, excel, and thrive in their
roles. Key initiatives include:
A: Support and encourage THA team members to
engage in housing industry agencies, conferences,
and training opportunities as attendees, presenters, or
award recipients, fostering professional growth and
recognition.
•
THA Executive Director currently serves as
the President for the Arizona Chapter of the
Housing Authority Directors Association.
•
THA Housing Supervisor serves as Vice
President for the Pacific Southwest Regional
Council of the National Association of
Housing and Redevelopment Officials.
•
THA Housing Specialist serves as the Chair
for Membership Services Committee of the
Arizona Chapter of the National Association of
Housing and Redevelopment Officials
•
THA Administrative Analyst serves as the
State Representative for Arizona Chapter of
the National Association of Housing and
Redevelopment Officials
•
THA is working to promote equal opportunity
and affirmatively furthering Fair Housing
through staff training,
•
THA staff are members of the Arizona
Chapter of the National Redevelopment
Officials, attend the annual conference, and
are encouraged to participate in training and
committee meetings offered throughout the
year.
•
THA team members participate in various
professional development and training
opportunities offered by the City of Tempe.
•
Housing Specialist and Housing Supervisor
attended Effective Interviewing for Program
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
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Integrity training.
•
Family Self-Sufficiency Specialist completed
the Family Self-Sufficiency and Housing
Choice Voucher trainings.
•
Housing Supervisor attending Fundamentals
of Project-Based Voucher Management
training.
B: Conduct a comprehensive compensation study to
ensure that pay rates are competitive with the local
market for similar roles and responsibilities, promoting
fairness and attracting and keeping our top talent.
•
The City of Tempe concluded its
compensation study and affected staff
compensation was adjusted accordingly.
C: Foster a transparent and informed THA culture by
promoting open communication, encouraging cross-
departmental collaboration, and building trust through
accountability and shared responsibility.
•
THA has established a cross -functional work
group to identify opportunities and develop
strategies to promote open communication,
cross – departmental collaboration, and
shared accountability.
Achieve a Hometown For All Through Expanding
Diverse and Affordable Housing Options: Our goal is
to realize the vision of a Hometown For All through the
expansion of a diversity of housing options so that
families and individuals have a broad range of
affordable housing opportunities now and in the
future. Key initiatives include:
A: Build upon Tempe’s existing continuum of
housing options, expanding and enhancing
access from emergency shelter to workforce
housing, ensuring a range of choices that meet
the diverse needs of our community.
•
The use of Small Area Fair Market Rent
effective January 1, 2025. Using our
different
Payment
standards
to
encourage participants to move into
higher opportunity areas in Tempe. Zip
Codes 85281 and 85282 are grouped
with one payment standard. Zip Codes
85283, 85284, 85288 each have their
own payment standard
• The City awarded a Request for Qualifications
(RFQ) in for the construction of mixed-use,
low-income multi-family and attached single
family housing units on the Project Property
located at 2320 and 2314 E. Apache
Boulevard. Copa Health, Inc. and Newtown
and were granted exclusive negotiation
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
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rights with respect to the redevelopment of
the Property. Newtown has constructed 19
single family townhomes (10 units - 79% or
below AMI, 9 units- 80- 120% AMI). Copa
Health has constructed 109 low- income
multifamily
units.
Copa’s
multifamily
development Grand Opening is February
2026. Establishment of an Affiliate Non-
Profit, Tempe Coalition for Affordable
Housing, Inc.
73 scattered site units are in its
portfolio managed by MEB Affordable.
These units are restricted to
permanently affordable rental housing
and any change in use requires the
approval of the City of Tempe City
Council, City of Tempe Housing
Authority Governing Board, and the
Tempe Coalition for Affordable
Housing, Inc. Board.
•
$10.8m was awarded to Housing Services
to create affordable housing units. This
grant helped the City acquire a large
commercial property located in No. Tempe
to eventually construct affordable housing
units, a police substation and training
facility, and an urban grocer concept.
•
$7.3m was awarded to Housing Services to
create a non-congregate shelter. This grant
helped the City acquire the Apache Inn
which is currently under rehabilitation
•
THA continued to operate its transitional
bridge shelter at 2101 E. Apache Blvd.,
which offers 40 temporary housing units with
on-site case management and workforce
development services. Plans are underway
to expand transitional shelter options, with a
second site set to open in Summer 2026.
Additionally, 357 individuals received
emergency shelter services, surpassing the
City’s one-year goal for homeless shelter
support.
•
The City awarded an RFP in March 2023 for
the construction of up to 400 mixed-income
housing units to include a new grocery store
with job opportunities for affordable housing
tenants on the project property located on
Tempe Housing Authority - AZ031
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the North East corner of Dorsey Lane and
Apache Blvd. The successful developer
proposed to develop 320 affordable
apartments ranging from 1 to 3 bedrooms,
space for events and performances,
community room and garden for residents,
public plaza with mural art and an
international food cart incubator. The RFP
was cancelled and reissued. A new
developer will be selected in 2025.
B: Increase and improve the landlord
partnership experience by providing support
and resources to address rental damages
and program dissatisfaction.
•
Since the program’s 2024
inception, the THA has assisted
five landlords with direct damage
mitigation support to address repair
beyond normal wear and tear and
help keep their unit available to
renters.
•
On October 29, 2025 the THA
hosted two Landlord Information
Sessions to discuss important
program updates and to highlight
beneficial opportunities for
landlords to consider in their
partnership with the Tempe
Housing Voucher program. Both
information sessions focused on
four key topics to help landlords get
the most out of their partnership
with the THA: Understanding Small
Area Fair Market Rents, Rent
Change Notifications, Marketing of
Rental Units, and Direct Deposit
Payments. The focus areas
presented appealed both to
seasoned landlord partners and
new landlords just getting started.
•
The THA has partnered with the
National Coalition for Homeless
Veterans (NCHV) to support the
work NCHV is doing to understand
the biggest challenges in leasing
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
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up and maintaining tenants and
support veterans find and maintain
safe stable and affordable homes.
As part of this work, NCHV hosting
landlords and property
managers to participate in two
focus groups in February 2026.
This opportunity has been
promoted by the THA to our
landlord partners, This opportunity
and partnership with NCHV will
allow landlords to share their
experience, feedback, and insight
about what does and doesn’t work
in the voucher program, and
propose solutions.
C: Expand and improve Tenant-Based Rental
Assistance (TBRA) program administration
and strengthen referral partnerships.
•
THA developed and is administering a
HOME-Tenant Based Rental
Assistance program. THA has
partnered to receive referrals from
Mercy House, Tempe's HOPE
Homeless Outreach Team, CARE 7
Crisis Response Team, and
Community Supervision Team as well
and McKinney Vento Liaisons from
Tempe Union High School District.
•
THA will review HOME regulations
related to tenant-based rental
assistance to support the rollout of an
updated tenant-based rental assistance
program.
D: Increase the availability of affordable housing
by utilizing Project-Based Vouchers to support
the development and preservation of high-
quality, long-term affordable rental units for low-
income individuals, families, and special
populations.
•
THA is readying a PBV Request for
Proposals to support the
development of high-quality
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
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affordable rental units.
E: Explore the feasibility of creating
homeownership programming to provide
pathways to sustainable homeownership for
program participants fostering long-term
stability, wealth-building, and community
empowerment.
•
No update at this time
Proactively Address Stakeholder Needs with
Responsiveness, Transparency, and Collaboration:
We are committed to proactively addressing the
needs of our diverse stakeholders—including the
public, applicants, program participants, landlords,
property managers, and funding partners—with
responsiveness, transparency, and collaboration.
A: Establish a Customer Service “Client
Pledge” that establishes clear customer
service expectations for staff and our
customers.
•
THA has established a cross -
functional work group to develop a
“Client Pledge” to establish
consistent, transparent service
expectations for staff and customers.
B: Develop and implement a Coordinated
Service Delivery Model to improve client
outcomes, improve organizational
efficiencies, and leverage resources for
additional services.
•
THA increased its promotion of the
Family Self Sufficiency Program. THA
served 73 participants in 2025. Seven
families successfully graduated,
earning a total of over $100,000 in
escrow. One graduate purchased a
home. Currently the THA has 62
active FSS participants
•
THA partnered with the cities of
Mesa, Chandler, and Scottsdale to
hold an FSS graduation honoring all
graduates for 2025
C: Expand housing navigation services to meet
the dynamic housing needs of our participants
and partners through a multi-pronged service
delivery approach (landlord support, voucher
support, rental counseling, etc.).
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
•
THA provided direct rental counseling
to voucher holders requesting support
finding rental housing in Tempe,
planning for their move and payments,
and establishing housing goals.
D: Support landlord partners in providing
safe, stable, and affordable homes through
ongoing trainings, forums, and networking
events.
•
On April 16, 2025, THA hosted a
landlord engagement event that
took place at the City's History
Museum. One hundred seven
guests attended. Seventy-seven
attendees were current or potential
landlords in the community.
E: Support THA Waitlist Applicants in becoming
“housing ready” by the time they are invited to
eligibility process.
•
THA has established a cross -functional work
group to identify applicants needs and
develop a plan to support waitlist households
in becoming “housing ready” prior to the
eligibility process.
Sustain High-Performance Operations: To maintain
and enhance our high-performance capacity, we are
focused on building organizational strength and
modernizing operations. Key initiatives include:
A: Leverage advanced PHA software features to
streamline and improve the management of key
functions within the THA.
•
THA staff are currently exploring all
available options the PHA software
provides to ensure efficiency,
compliance, and improved program
outcomes.
B: Modernize landlord housing assistance
payments by encouraging the adoption of ACH
payments to ensure efficient, timely, and secure
housing assistance disbursements to landlords.
•
THA is currently working with the City
of Tempe Accounting office to
determine the most effective and
efficient way to enroll all landlord
partners in ACH.
Tempe Housing Authority - AZ031
Annual PHA Plan Fiscal Year Beginning July 2026
Supplemental Information
C: Enhance internal financial controls and refine
Housing Choice Voucher (HCV) procedures to
improve accuracy, accountability, and
compliance. Overhaul THA’s website for improved
user experience, mobile responsiveness,
accessibility, and easy navigation for all
stakeholders.
•
THA has established a cross -functional
work group to assess the current website
and develop a phased plan to enhance
user experience, accessibility, and ease
of navigation to the THA website.
•
THA has partnered with Leggins
Casterline & Company LLC to assist in
refining HCV financial controls and written
procedures.
Tempe Housing Authority Housing Choice Voucher
Resident Advisory Board Meeting
Please accept our invitation to discuss the strategies, goals, and objectives of the Housing Choice Voucher
(Section 8) Annual Plan Fiscal Year 2026-2027 and City of Tempe Housing Authority Administrative Plan updates.
When: Thursday March 19, 2026 at 2:00 PM
Where: Tempe Library – Desert Willow Program Room
3500 S Rural Rd
Tempe AZ 85282
(SW Corner of Southern & Rural)
At this meeting the Tempe Housing Authority will share our previous year’s progress, plans for our future, and
discuss changes to the Administrative Plan. We are inviting you to attend and share your feedback.
The draft PHA Annual Plan and Administrative Plan is available for your review at
tempe.gov/home/showpublisheddocument/111863/638755737814270000
Please RSVP by responding this e-mail or directly to Wendy Reyes Valdivia at wendy_valdivia@tempe.gov
If you have any questions or concerns, please contact Wendy Reyes Valdivia at 480-858-2387
Thank you
Resident Advisory Board Meeting
City of Tempe Housing Services
Tempe Library Desert Willow Meeting Room
March 19, 2026
2:00 pm
Minutes
I.
Call to order/ Introductions
a. Attendees included:
1. Carmen Jack, Housing Services Supervisor
2. Dennis Newburn, Human Services Manager
3. Rachell Donohue, Housing Specialist
4. Melissa Leathers, Special Program/ FSS Specialist
5. Wendy Reyes Valdivia, FSS Coordinator
6. Meghan Bollman, Resident
7. Barbarette Martin, Resident
8. Genia Demery, Resident
9. Pamela Hanson, Resident
10. Paul Fitsimons, Resident
11. Jan E. James, Resident
12. Oralia V. Madrid, Resident
13. Mayra Zavala, Resident
14. Misty Snow, Resident
15. Malcolm Crawford, Resident
16. Kiena Langford, Resident
17. Louella Matthews, Resident
18. Markarita Albert, Resident
19. Calee Maas, Resident
20. Hadiyah S Mateen, Resident
21. Michael Weiss, Resident
22. Najib Heelze, Resident
23. Beverly Romaine, Resident
24. MaryAnne Esparza, Resident
25. Lori Shepard, Resident
26. Stephanie Burke, Resident
27. Gary Mitchell, Resident
28. Alexandrea Portz, Resident
II.
Intro to Resident Advisory Board (RAB) Meeting & Procedures
a. Carmen Jack introduced herself and explained what the Resident Advisory Board
Meeting is and the purpose of the meeting.
b. Carmen asked who had attended previously and who was attending for the first
time. 4 people were returning attendees. 19 were new attendees.
c. Carmen explained what the Annual PHA plan for 2026-2027 and the Administrative
Plan is.
1. Carmen Jack explained the PHA plan and Admin plan will be discussed.
2. Carmen explained individual personal questions will be discussed at the
end or participants can also contact their housing specialist directly.
d. Website to view drafts on tempe.gov. On 4/6/2026, plans will be provided for
approval to council.
III.
Annual Plan
a. The Annual Plan includes.
1. Strategies for addressing Housing Needs
2. Updates to the Administrative Plan
3. Financial Resources
4. New Activities
5. Progress Report
b. Strategies for Addressing Housing Needs
1. Landlord Engagement strategies
i.
Engaging new landlords.
c. Use of small area fair market rents
1. Payment standards changing per zip code area
i. It was determined 4 different payment standards was best to use
the voucher in the whole city of Tempe.
d. THA will apply for additional voucher or funding as they become available
1. Vouchers may be reallocating allowing for application for new vouchers.
e. Questions/Comments
1. Resident asked when additional vouchers will be available. Carmen
explained process depended on multiple factors and difficulty knowing an
exact date.
2. Resident asked if landlords know they cannot ask for 3x the rent. Carmen
explained education to landlords is provided by the housing authority.
3. Resident asked about landlord engagement events. Carmen explained
landlord engagement events are planned twice a year and attempts to invite
landlords via email. Carmen shared attendance of landlords increasing and
education for landlords to explain how partnership can be the best for our
program.
4. Resident inquired about landlord feedback. Carmen explained feedback
has been positive,
5. Resident inquired if there is a reason why tenants pay property taxes and
why tenants are paying property taxes. Carmen explained lease is between
landlord and tenant. Discrepancies with lease must be dealt with landlord.
HAP contract is dealt with housing authority.
6. Resident inquired if she did not like her unit can she change her unit.
Carmen explained it would be considered as a new unit move in and
referred to discuss at the end of the meeting.
IV.
Administrative Plan Updates
a. Chapter 11- Ongoing Program Operations
1. Carmen explained language was added to address require information
request that go unanswered. After 2 unanswered requests, termination may
go out.
b. Chapter 13- Project Based Vouchers (PBV)
1. PBV is for when the unit is assisted and a participant comes off the wait list.
The contract with landlords can be for 2 consecutive 20-year contracts.
c. Chapter 17 – Program Integrity. If housing staff is not being spoken to with respect,
the conversation may end and may be revisited at another time. After multiple
incidents, termination notice may be sent.
d. Questions/Comments
1. Resident inquired if participants are aware of rules. Carmen explained
during annual reexaminations, participant obligations are disclosed and
participant signs and agrees. Resident inquired about landlord obligations.
Carmen explained contract with landlord is different from the contract with
tenant.
2. Resident inquired what PBV is. Carmen explained this is when housing
authority has a contract with the owner of a building. Carmen further
explained the Tempe Housing Authority has a plan to attempt to increase
PBV.
3. Resident inquired about not arguing with landlord because then participant
must move out. Carmen explained tenants’ rights and housing authority’s
responsibility is the voucher and not anything else.
4. Resident inquired if they choose to take landlord to court, would the housing
authority not be supportive. Carmen explained that the situation would be
separate from the housing authority and would depend on the situation.
5. Resident stated she has been on the housing voucher for a long time and
has experienced the housing authority will be supportive if there is a good
reason. Carmen confirmed and explained difference between landlord and
tenant situations and housing authority involvement.
6. Resident inquired if qualifications are being determined when utilities are
included in rent and more assistance is offered. Carmen answered
participant cannot pay more than 30% of their income. When utilities are
taken into consideration this percentage applies as well. The more rent you
pay and the more utilities you pay, your rent portion will decrease.
7. Resident stated she pays more when utilities are not included. Carmen
explained HAP is base rent. Carmen explained participants must review fees
in lease and ensure whether they want to select the unit.
V.
Financial Resources
a. List the Federal Grants and Non-Federal Sources with the amounts and the planned
used.
1. Housing choice voucher subsidy.
i.
HCV program brings in about 18 million USD to the city of Tempe.
2. HOME program brings in about 1 million USD to the city of Tempe.
3. CDBG program helps with major home costs such as air conditioning costs
or major repairs.
b. Questions/Comments
1. Resident stated that her neighbor upstairs pays a much higher amount.
Resident explained neighbor has a Canadian passport and asked if her
neighbor can apply to the HCV program. Carmen confirmed wait list is not
open at this time,
2. Resident asked how long for the next HCV opening. Carmen explained there
is no date at this time. Carmen explained nothing has been pulled from the
wait list in over a year.
3. Resident asked about the value the actual voucher itself has and when the
unit is not worth it. Carmen explained that it is a concern and explained how
the “what rent can I look for” document is a paper that should not be shown
to the leasing agents due this information showing the max amount of rent
allowed to be paid by the participant.
4. Resident asked if landlord is supposed to base rent with fair market value.
Carmen explained that is up to the landlord.
5. Resident asked about rent to own. Carmen confirmed there is no current
home ownership program at this time. Carmen explained opportunities are
being looked at. Resident asked how long it has been since that program
was offered. Carmen stated it has been over 20 years and that Yuma has a
program at this time, but is only finishing out people already on it.
6. Resident said there was a program where income is matched. Carmen
referred to the FSS program.
VI.
New activities
a. THA endeavors to establish a project-based voucher program.
b. Landlord Engagement Events
1. New landlord engagement events planned to take place bi-annually.
2. The next Land Lord Engagement event is schedule for 5/26/2026
c. Family Self-Sufficiency Program
1. If you are a voucher holder, you can participate.
2. Carmen information on how the FSS program works.
i.
Goal setting for about 5 years and opportunity to earn escrow
savings.
3. Carmen provided stats on the FSS Program.
i.
In 2025 the FSS program had 7 graduates including 1 home owner
with over 100k given is escrow.
4. Other FSS information.
i.
FSS Newsletter is sent monthly.
ii. Quarterly events provided.
iii. Referrals to community partners.
iv.
VII.
Progress Report
a. Empower and Support Employee Growth
1. Leadership is committed to employee growth.
2. Staff is empowered to advance professionally.
b. Increase and Improve the landlord partnership
1. Partnership with Tempe Coalition for Affordable Housing.
i.
Nonprofit with the city of Tempe.
ii. Roughly 80 properties purchased with a yearly 8 million dollar bond.
iii. Commercial properties and lots that are no longer used are being
considered for purchasing to create more affordable housing.
iv. Coalition is looking into what can be used within Tempe to increase
affordable housing.
c. Questions/Comments
1. Resident inquired what currently happened with the Tempe Coalition for
Affordable Housing. Carmen explained that 80 properties were purchased,
and a property that was an old fire station from the 70’s is being remodeled
into a new fire station and affordable housing will be above it.
VIII.
Questions/ Comments
a. Carmen opened the floor for questions and comments.
1. Resident inquired whether city offers low-cost movers. Carmen answered it
is being considered as moving is not inexpensive and sometimes necessary.
At this time, there is no designated resource.
2. Resident inquired about properties based on income and if they are tied into
section 8. Carmen explained vouchers are based on each participant’s
income. Carmen stated there are properties that provide income-based rent
and are not affiliated with the City of Tempe.
3. Resident stated she received an email offering a voucher for $700 for
utilities. Carmen referred to housing specialist for assistance. Carmen
stated not to trust emails and verify. Housing specialist stated it sounded
like a scam and encouraged resident to look into it.
4. Resident stated some people had illnesses that are progressing and
inquired about ada assistance. Carmen explained if there is anything related
to the unit that has to do with safety, resident needs to refer to land lord.
Housing specialist Melissa referred to TCAA.
5. Resident stated she knew of a moving company that provided reasonable
moving services and suggested Habitat and suggested it being combined
with the FSS program. Resident discussed unit alterations and advised
against it.
6. Resident inquired about moving to a remodeled unit. Carmen referred to
housing specialist and process of moving.
7. Resident suggested using volunteers with the Mormon church to help with
moving. Carmen stated churches are suggested as a resource.
8. Resident suggested 211 as a good resource. Carmen confirmed and stated
211 is a good resource.
2.
Conclusion /Thank you & Adjournment.
a. Carmen thanked everyone for attending and invited attendees to
discuss FSS interest with FSS Coordinator.
b. Several attendees stayed afterwards to address case-specific housing
situations with Carmen, housing specialist and family self-sufficiency
coordinator.
Housing Choice Voucher Administrative Plan
City of Tempe
Community Health and Human Services
Department
April 2026
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Contents
CHAPTER 1- Program Authority and Objectives ........................................................................... 13
1.1 Applicable Regulations ....................................................................................................... 13
1.2 Purpose of the Administrative Plan ................................................................................... 13
1.3 THA Mission ........................................................................................................................ 13
1.4 Approval of Plan and Use of Administrative Fee Reserves ................................................ 14
1.5 Housing Through Modernization Act ................................................................................ 14
CHAPTER 2 - General Administrative Provisions and Polices ....................................................... 15
2.1 Confidentiality and Privacy Policy ...................................................................................... 15
2.2 Record Retention Policy ..................................................................................................... 15
2.2.1 Records for Environmental Intervention Blood Lead Level ........................................ 15
CHAPTER 3- General Fair Housing Policies ................................................................................... 17
3.1 Nondiscrimination Policy ................................................................................................... 17
3.2 Complying with Civil Rights Laws ....................................................................................... 17
3.3 Owner Nondiscrimination Requirements .......................................................................... 18
3.4 Family Outreach and Affirmative Marketing ..................................................................... 19
3.5 Owner Outreach ................................................................................................................. 19
3.6 Language Assistance Plan and Limited English Proficiency Policy ..................................... 20
3.6.1 LEP Options ................................................................................................................. 20
3.7 Reasonable Accommodation Policy ................................................................................... 20
3.7.1 Legal Authority ............................................................................................................ 21
3.7.2 Definition of Disability................................................................................................. 21
3.7.3 Examples of Reasonable Accommodations ................................................................ 22
3.8 Live in Aide Policy ............................................................................................................... 22
3.9 Physical Impairment Policy ................................................................................................ 23
3.10 Violence against Women Reauthorization Act Policy (VAWA) ........................................ 23
CHAPTER 4- Applying to the Program and Waiting List ................................................................ 25
4.1 Opening and Closing the Waiting List ................................................................................ 25
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4.2 Application Process ............................................................................................................ 25
4.3 Maintaining the Waiting List .............................................................................................. 26
4.4 Updating the Waiting List .................................................................................................. 26
4.5 Change in Circumstances ................................................................................................... 27
4.6 Local Preferences .............................................................................................................. 28
4.7 Waiting List Placement ...................................................................................................... 29
4.8 Assistance Targeted by HUD .............................................................................................. 29
4.9 Continuously Assisted Families .......................................................................................... 30
4.10 Relocation of Witnesses and Victims of Crime .......................................................... 30
4.11 Income Targeting Policy ................................................................................................... 30
4.12 Selection from the Waiting List Notification.................................................................... 30
Chapter 5-Initial and Continuing Eligibility ................................................................................... 32
5.1 Qualifications for Admission .............................................................................................. 32
5.1.1 Income Eligibility ......................................................................................................... 32
5.1.2 Social Security Number Disclosure ............................................................................. 32
5.1.3 Citizenship Requirements ........................................................................................... 33
5.1.4 Restrictions on Eligibility due to Family Net Assets .................................................... 33
5.2 Family Definition ................................................................................................................ 34
5.2.1 Foster Adults, Foster Children and Live In Aides ........................................................ 35
5.2.2 Head of Household ..................................................................................................... 35
5.2.3 Joint Custody ............................................................................................................... 35
5.2.4 Family Break Up .......................................................................................................... 35
5.2.5 Remaining Family Member ......................................................................................... 36
5.3 Student Head of Household ............................................................................................... 36
5.4 Guests/Visitors ................................................................................................................... 37
5.5 Eligibility Process ................................................................................................................ 37
5.5.1 Eligibility Notification .................................................................................................. 38
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5.6 Criminal Background Policy and Credit History Policy ....................................................... 38
5.6.1 Drug Abuse Treatment Information ........................................................................... 39
5.7 Duplicative Assistance ........................................................................................................ 39
5.8 Absences from the Unit ..................................................................................................... 39
5.8.1 Absent Family Member ............................................................................................... 39
5.8.2 Absence of Entire Family............................................................................................. 40
5.8.3 Absent Student ........................................................................................................... 40
5.8.4 Absences Due to Placement in Foster Care ................................................................ 41
5.8.5 Caretaker for a Child ................................................................................................... 41
5.8.6 Absent Head or Spouse Due to Employment ............................................................. 41
5.8.7 Absence Due to Incarceration ..................................................................................... 41
5.8.8 Individuals Absent (Confined) for Medical Reasons ................................................... 42
CHAPTER 6: Tenant Rent and Housing Assistance Payment Calculation ................................. 43
6.1.2 Earned Income ............................................................................................................. 43
6.1.3 Unearned Income ....................................................................................................... 43
6.1.4 Non-recurring Income ................................................................................................. 43
6.1.5 Incremental Earnings .................................................................................................. 44
6.2 Self Employment Income ................................................................................................... 45
6.2.1 Co-Owned Businesses ................................................................................................. 45
6.3 Assets ................................................................................................................................. 45
6.3.1 Jointly Owned Assets .................................................................................................. 46
6.3.2 Disposed Assets ........................................................................................................... 46
6.3.3 Asset owned by business entity. ................................................................................. 46
6.3.4 Necessary and Non-Necessary Personal Property ...................................................... 46
6.3.5 Trusts as Net Family Assets .......................................................................................... 47
6.3.6 Trust Distributions and Annual Income ...................................................................... 47
6.3.7 Excluded Assets ........................................................................................................... 47
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6.4 Excluded Income ................................................................................................................ 48
6.4.2 Income from Training Programs ................................................................................. 49
6.4.3 Student Financial Assistance (24 CFR 5.609(9)(i), (ii)) ................................................ 49
6.4.4 State Payments to Allow Individuals with Disabilities to Live at Home...................... 50
6.5 Deductions from Income ................................................................................................... 50
6.5.1 Dependent and Elderly Family Deduction .................................................................. 50
6.5.2 Health and Medical Care Expense .............................................................................. 50
6.5.3 Attendant Care and Auxiliary Apparatus Expenses .................................................... 50
6.5.4 Both Medical and Attendant/Auxiliary Expenses ....................................................... 51
6.5.5 Childcare ..................................................................................................................... 52
6.5.6 Permissive Deductions ................................................................................................. 53
6.6 Prior Year Income ............................................................................................................... 53
6.78 Anticipated Income .......................................................................................................... 53
6.8 Total Tenant Rent and HAP ................................................................................................ 54
6.8.1 Payment Standards ..................................................................................................... 54
6.8.2 Utility Allowances and Utility Reimbursements ...................................................... 55
6.8.3 Welfare Rent ............................................................................................................... 56
6.9 Hardship Exemptions ......................................................................................................... 56
6.9.1 Health and Medical Care Expense Hardship ............................................................... 56
6.9.2 General Financial Hardship ......................................................................................... 56
6.9.3 Hardship for loss of Childcare Expense ....................................................................... 57
6.9.4 Minimum Rent Hardship .............................................................................................. 57
CHAPTER 7: Request for Tenancy Approval and Leasing .............................................................. 60
7.1 Information to Owners ...................................................................................................... 60
7.2 Allowable Housing Types ................................................................................................... 60
7.3 Request for Tenancy Approval (RFTA) ............................................................................... 61
7.3.1 Tenancy Addendum .................................................................................................... 62
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7.3.2 Dwelling Lease............................................................................................................. 62
7.4 Voucher Term ..................................................................................................................... 62
7.4.1 Voucher Extensions ..................................................................................................... 63
7.4.2 Voucher Suspension .................................................................................................... 64
7.5 Subsidy Standards .............................................................................................................. 64
7.5.1 Subsidy Standards Chart ............................................................................................. 64
7.5.2 Unit Size Selected by Family ....................................................................................... 66
7.5.3 Under-Housed and Over-Housed Families ................................................................. 66
7.6 Security Deposit ................................................................................................................. 66
7.7 Separate Agreements ........................................................................................................ 66
7.8 Initial Rent Burden ............................................................................................................. 67
7.9 Disapproval of RFTA ........................................................................................................... 67
7.10 Owner Disapproval........................................................................................................... 67
CHAPTER 8: Inspections and Rent Reasonableness ...................................................................... 70
8.2 Initial Inspections ............................................................................................................... 70
8.3 Biennial Inspections ........................................................................................................... 71
8.4 Special Inspections ............................................................................................................. 71
8.5 Quality Control Inspections................................................................................................ 72
8.6 Scheduling Inspections and Family Attendance ................................................................ 72
8.6.1 Missed and Rescheduled Inspections ......................................................................... 72
8.7 Emergency Inspections ...................................................................................................... 73
8.7.1
Life Threatening Conditions .................................................................................... 73
8.8 Enforcement of Inspection Standards ................................................................................ 73
8.9 Housing Inspection Certifications ...................................................................................... 74
8.10 Extensions ........................................................................................................................ 75
8.11 Family Responsibilities ..................................................................................................... 75
8.12 Owner Responsibilities ..................................................................................................... 76
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8.12.1
Lead Safe Homes Rule ......................................................................................... 76
8.13 Rent Reasonableness ....................................................................................................... 77
8.13.1 Decreases in the Fair Market Rent ........................................................................... 77
8.13.2 Methodology ............................................................................................................. 77
CHAPTER 9: Housing Assistance Payment Contract ..................................................................... 79
9.1 HAP Payments .................................................................................................................... 79
9.2 Owner Rent Increases ........................................................................................................ 80
9.3 Unit Ownership Changes .................................................................................................... 80
9.4 HAP Contract Terminations ............................................................................................... 81
CHAPTER 10: Verifications .......................................................................................................... 83
10.1 Methods of Verification ................................................................................................... 83
10.1.1 EIV Verification Process ............................................................................................ 83
10.1.3 Third Party Written Verifications .............................................................................. 84
10.1.4 Third Party Oral Verifications .................................................................................... 84
10.1.5 Family Self-Certifications .......................................................................................... 84
10.2 Eligibility Verifications ...................................................................................................... 85
10.3 Legal Identity Verification ................................................................................................ 85
10.3.1 Marriage Verification ................................................................................................ 86
10.3.2 Separation or Divorce Verification ............................................................................ 86
10.3.3 Adult Member Absence Verification ........................................................................ 86
10.3.4 Foster Children and Foster Adults Verification ......................................................... 86
10.4.5 Student Status Verification ....................................................................................... 86
10.3.6 Student Head of Households .................................................................................... 87
10.3.7 Disabled Status Verification ...................................................................................... 87
10.3.8 US Citizens and Nationals ......................................................................................... 88
10.4 Verification of Income ...................................................................................................... 88
10.4.1 Wage Verification...................................................................................................... 88
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10.4.2 Tip Income Verification ............................................................................................. 88
10.4.3 Bonus Income Verification ........................................................................................ 88
10.4.4 Business and Self Employment Income Verification ................................................ 89
10.4.5 Social Security and SSI Benefits Verification ............................................................. 89
10.4.6 Alimony and Child Support Verification.................................................................... 89
10.4.7 Zero Income Verification........................................................................................... 90
10.4.8 Student Financial Assistance .................................................................................... 90
10.5 Verification of Assets ....................................................................................................... 91
10.5.1 Assets Disposed of for Less Than Fair Market Value Verification ............................ 91
10.5.2 Income from Rental Verification ............................................................................... 92
10.6 Verification of Expenses ................................................................................................... 92
10.6.1 Medical Expenses ...................................................................................................... 92
10.6.2 Attendant Care and Auxiliary Apparatus Expenses .................................................. 92
10.6.3 Childcare Expense Verification ................................................................................. 93
CHAPTER 11: ONGOING PROGRAM OPERATIONS ........................................................................ 95
11.1 Compliance with THA Requested Information and Appointments ................................. 95
11.2 Annual Re-Certifications .................................................................................................. 95
11.2.1 Streamlined Income Determinations ........................................................................ 96
11.2.2 Safe Harbor Income Determination .......................................................................... 96
11.3 Interim Reexaminations ................................................................................................... 97
11.3.1 Changes to Household Composition ......................................................................... 97
11.3.2 Interim Changes Affecting Income or Expenses ....................................................... 98
11.3.3 THA-Initiated Interim Re-certifications ..................................................................... 98
11.3.4 Interim Re-certification Effective Dates .................................................................... 99
11.4 Family Moves ................................................................................................................... 99
11.4.1 Move due to Owner Responsible Inspection Deficiencies ..................................... 100
11.4.2 Denial of Moves ...................................................................................................... 101
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11.4.3 Move Process .......................................................................................................... 101
11.4.4 Duplicate Housing Assistance Payments with a Move ........................................... 102
11.5 Portability ....................................................................................................................... 102
11.5.1 Outgoing Portability ................................................................................................ 102
11.5.2 Incoming Portables ................................................................................................. 103
CHAPTER 12: Emergency Housing Vouchers .............................................................................. 104
12.1 Wait List and Selection ................................................................................................. 104
12.2 Eligibility ....................................................................................................................... 104
12.2.1
Income Eligibility ............................................................................................... 105
12.2.2
Social Security Number Documentation and Citizenship Status ...................... 105
12.3 Denial of Admission ...................................................................................................... 105
12.4 Voucher Term ............................................................................................................... 106
12.5 Portability ..................................................................................................................... 106
12.6 Payment Standards ...................................................................................................... 106
12.6.1
Changes in Payment Standard .......................................................................... 106
12.7 HUD-Provided EHV (only) Service Fees ........................................................................ 106
12.8 Termination of the EHV ................................................................................................ 107
CHAPTER 13: Project Based Vouchers ....................................................................................... 108
13.1 Overview ........................................................................................................................ 108
13.2 Proposal Selection .......................................................................................................... 108
13.2.1 THA Request for Proposals Method for Rehabilitated and Newly Constructed Units
............................................................................................................................................. 108
13.2.2 THA Requests for Proposals for Existing Housing Units ......................................... 109
13.2.3 THA Selection of Proposals Subject to a Previous Competition under a Federal,
State, or Local Housing Assistance Program ....................................................................... 109
13.3 Notice of Owner Selection ............................................................................................. 110
13.4 Project Based Assistance to PHA owned Units ........................................................... 110
13.5 Agreement to Enter into HAP Contract ......................................................................... 111
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13.6 Site Selection Standards ................................................................................................. 111
13.6.1 Eligible Units/Cap on PBV Units .............................................................................. 112
13.7 Uniform Relocation Act .................................................................................................. 113
13.8 Housing Assistance Payments (HAP) Contracts ............................................................. 113
13.8.1 Term of the HAP Contract ....................................................................................... 113
13.8.2 Extending the HAP Contact ..................................................................................... 113
13.8.3 Amendments to the HAP Contract ......................................................................... 113
13.9 Unit Inspections ............................................................................................................. 114
13.9.1
Enforcement of Inspection Standards .............................................................. 114
13.9.2
Notification to PBV Applicants .......................................................................... 115
13.10 Initial Rent and Rent Increases .................................................................................... 115
13.10.1 Use of SAFMR ........................................................................................................ 115
13.10.2 Rent Increases ....................................................................................................... 115
13.11 Tenant Selection from the Wait List ............................................................................ 115
13.12 Unit Moves/Transfers .................................................................................................. 116
13.12.1 Overcrowded, Under-Occupied, and Accessible Units ......................................... 116
13.12.2 Moves Requested by the Tenant .......................................................................... 117
13.12.3 Moves from Excepted Units .................................................................................. 117
13.13 Vacancy Payments ....................................................................................................... 117
13. 14 Reduction in HAP Contract Due to Vacancies ............................................................. 118
CHAPTER 14: Intentionally Left Blank ......................................................................................... 119
Chapter 15: Family Self Sufficiency Program ............................................................................. 120
CHAPTER 16 :
Denial of Assistance to Applicants and Termination of Assistance to
Participants
122
16.1 Evidence and Considerations ......................................................................................... 122
16.2 Denial of Assistance ....................................................................................................... 123
16.3 Notice of Denial .............................................................................................................. 124
16.4 Denial of Assistance for Noncitizens .............................................................................. 125
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16.5 Grounds for Termination ............................................................................................... 125
16.6 Termination Notification ............................................................................................... 129
16.7 Removal of a Family Member from the Application ..................................................... 130
16.8 Reasonable Accommodation Related to Denials or Terminations ................................ 130
16.9 Repayment Agreements ................................................................................................ 131
CHAPTER 17: Informal Reviews and Informal Hearings ............................................................. 133
17.1 Informal Review Policy ................................................................................................... 133
17.2 Informal Hearing Policy .................................................................................................. 134
17.3 Conducting Informal Hearings ....................................................................................... 135
17.3.1 Hearing Decision ..................................................................................................... 135
17.3.2 Invalid Decisions ...................................................................................................... 135
1.7.3 Rights of the Applicant/Participant and THA ............................................................ 136
17.3.4 Review/Hearing Process ......................................................................................... 136
17.3.5 Decisions Not Binding to THA ................................................................................. 137
17.3.6 Hearing Provisions for Restrictions on Assistance to Non-Citizens ........................ 138
17.4 USCIS Determination of Ineligibility ............................................................................... 138
CHAPTER 18: Program Integrity .................................................................................................. 140
18.1 Detecting Errors and Program Abuse ............................................................................ 140
18.2 Consideration of Remedies ............................................................................................ 140
18.3 De Minimis Errors........................................................................................................... 141
18.4 Notice and Effective Dates ............................................................................................. 141
18.5 Family Prohibited Actions .............................................................................................. 142
18.6 THA Prohibited Activities ............................................................................................... 143
18.7 Owner Prohibited Activities ........................................................................................... 143
18.7.1 Owner Remedies and Penalties .............................................................................. 144
18.7.2 Corrections to Subsidy Payments ........................................................................... 144
Appendix A: Excluded Income ................................................................................................... 146
Appendix B: Excluded Assets from Net Family Assets ................................................................ 149
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Appendix C: PBV Property Wait List Oversight ........................................................................... 150
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CHAPTER 1- Program Authority and Objectives
Link: United States Housing Act of 1937
The Section 8 Housing Choice Voucher Program was enacted by the Housing and Community
Development Act of 1974 and is funded through and monitored by the United States Department of
Housing and Urban Development (HUD). The Section 8 Housing Choice Voucher Program for the City of
Tempe is administered by the City of Tempe Community Health and Human Services Department's
Housing Services (“Tempe Housing Authority” or “THA”). Through its assisted housing programs, eligible
families are provided the opportunity to obtain decent, safe, and sanitary housing.
Administration of THA’s Housing Programs and the functions and responsibilities of THA staff comply
with THA’s policies and procedures, the Department of Housing and Urban Development’s (HUD)
regulations, and all applicable Federal, State and local fair housing laws.
1.1 Applicable Regulations
•
24 CFR Part 5: General Program Requirements
•
24 CFR Part 8: Nondiscrimination
•
24 CFR Part 35: Lead Safe Housing
•
24 CFR Part 903: Public Housing Agency Plans
•
24 CFR Part 982: Section 8 Tenant Based Assistance
•
24 CFR Park 983: Project Based Vouchers
•
24 CFR Part 985: Section 8 Management Assessment Program
•
24 CFR Part 100: Discriminatory Conduct Under the Fair Housing Act
1.2 Purpose of the Administrative Plan
Link: 24 CFR.982.54
The Administrative Plan (Plan) establishes policies for implementation and administration of the Housing
Choice Voucher Program administered by the THA. The Plan covers both admission to and continued
participation in the Tenant Based, Project Based and RAD/PBV Housing Choice Voucher programs.
Issues not addressed in this document related to applicants, participants and owners are governed by
the Department of Housing and Urban Development Code of Federal Regulations, HUD guidance, or
other applicable law. When circumstances arise and are not addressed by provisions in this Plan, they
will be reviewed on a case-by-case basis. If a conflict arises between or among the regulations identified
in this Plan, the regulations specifically stated for the applicable program will take precedence.
1.3 THA Mission
The City of Tempe’s mission is to provide safe, decent and sanitary housing conditions for very low-
income families and to manage resources efficiently. The THA’s mission is to promote personal,
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economic and social upward mobility to provide families the opportunity to make the transition from
subsidized to non-subsidized housing.
1.4 Approval of Plan and Use of Administrative Fee Reserves
Link: 24 CFR 982.155
Only the THA Board of Commissioners is authorized to approve changes to the Administrative
Plan and to authorize charges to the administrative fee reserve. Expenditures will not exceed
$75,000.00 per occurrence without the prior approval of the THA Board of Commissioners. The
THA is responsible for complying with all subsequent changes in HUD regulations pertaining to
the programs administered by the THA. If such changes conflict with this Administrative Plan,
HUD regulations will take precedence.
1.5 Housing Through Modernization Act
Link: HOTMA Resources | HUD.gov / U.S. Department of Housing and Urban Development (HUD)
The Housing Opportunity Through Modernization Act of 2016 (HOTMA) was enacted on July 29,
2016. Public Housing Authorities such as the THA implement the provisions of the law following
HUD issued guidance. On February 14, 2023, HUD issued the Final Rule Implementing HOTMA
Sections 102, 103, and 104 which are effective January 1, 2024 and require compliance by January
1, 2025 unless otherwise extended by HUD. These sections make changes to the United States
Housing Act of 1937, particularly those affecting income calculation, reviews, and program
eligibility. While some changes related to HOTMA are effective beginning in 2024 (such as the
phasing out of Earned Income Disallowance), other changes cannot be effective until the housing
management software and HUD systems are available to accept the new data. This date is
referred to as the THA HOTMA Compliance Date. The THA will post on its website when the THA
HOTMA Compliance Date has been established.
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CHAPTER 2 - General Administrative Provisions and Polices
2.1 Confidentiality and Privacy Policy
Link: 24 CFR 5.212; HUD Form 9886 A; VAWA 2022
It is the policy of THA to guard the privacy of applicants and participants and ensure the protection of
records in accordance with the Privacy Act of 1974. THA will not disclose any personal information
(including, but not limited to information on any disability) contained in its records to any person or
agency unless the individual about whom the information is requested gives written consent to such
disclosure, or as required by law.
This privacy policy does not limit THA’s ability to collect such information as it may need to determine
eligibility, compute housing assistance, and does not prohibit the THA from disclosing information to
local law enforcement if the participant is suspected of being involved in criminal or legal activity.
All applicant and participant information will be kept in a secure location and access will be limited to
authorized THA staff. THA staff will not discuss personal family information unless there is a business
reason to do so.
2.2 Record Retention Policy
Link: 24 CFR 908.101; 24 CFR 35 Subpart B
During the term of each HCV tenancy, and for at least three years thereafter, the THA will
keep all documents related to a family’s eligibility, tenancy, and termination as required by HUD and
State of Arizona law.
In addition, the THA will keep the following records for at least three years:
•
Application records and eligibility notices
•
Lead-based paint records
•
Documentation supporting utility allowances
•
Documentation supporting SEMAP scores
•
Accounts and other records supporting the budget and financial statements for the program
•
Other records as determined by the THA or as required by HUD
•
Longer retention requirements may apply for citizenship status hearing documents
2.2.1 Records for Environmental Intervention Blood Lead Level
Link 24 CFR 35.1225
The THA will provide the public health department written notice of the name and address of
any child identified as having an environmental intervention blood lead level.
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The THA will provide written notice of each known case of a child with an environmental
intervention blood level to the HUD field office within 5 business days of receiving the
information.
Quarterly, the THA will attempt to obtain from the public health department having
jurisdiction in the same area as the THA, the names and addresses of children under age six
with an identified environmental intervention blood lead level.
The THA will match information received from the health department with information about
program families. If a match occurs, the THA will follow all procedures for notifying owners
and conducting risk assessments.
Quarterly, the THA will report a list of addresses of units occupied by children under age six,
receiving assistance to the public health department, unless the health department indicates in
writing that such a report is not necessary.
The THA will inform owners of lead-based paint regulations, especially those related to
prohibited and safe work practices, resident protection during lead-based paint activities, and
notification requirements. This will be accomplished through written material provided by the
PHA.
The THA is responsible for issuing and maintaining in the file the notification to the owner of
any needed corrections and appropriate methods to correct lead hazards, and of the deadline
for completing the corrections.
The THA will track all known environmental intervention blood lead level children (of program
families) until the child reaches age six. This will ensure that all THA required activities are
being addressed in a timely manner and that inspections conducted on behalf of the family will
include the inspection for deteriorated paint.
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CHAPTER 3- General Fair Housing Policies
3.1 Nondiscrimination Policy
Links: Fair Housing Act (42 U.S.C); Section 504 of the Rehabilitation Action of 1973; Joint Statement of HUD and
DOJ 5/17/14) and 24 CFR 982.54(d) (6)); 982.301(b) (10); 982.304
THA will not discriminate because of race, color, sex (includes, but is not limited to, pregnancy,
childbirth, or medical conditions related to pregnancy or childbirth, as well as gender identity and
gender expression), religion, marital or familial status, age, disability, medical condition, national origin,
ancestry, source of income, and sexual orientation. Familial status includes children under the age of 18
living with parents or legal custodians, pregnant women, and people securing custody of children under
the age of 18.
In addition, the City of Tempe, under Title VI of the Civil Rights Act of 1964 and related statutes, must
ensure that no person in the City of Tempe shall, on the grounds of race, color, national origin, sex,
disability and age, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any federally funded program or activity it administers. Additional protections are
provided by Tempe City Code, Chapter 2, Article VIII – Anti Discrimination Ordinance.
THA provides information regarding Fair Housing and non-discrimination in housing on its website, in
outreach materials, posters at its office, in the family briefing session and program packets, and owner
meetings. When needed, THA will also assist with how to fill out and file a housing discrimination
complaint
3.2 Complying with Civil Rights Laws
It is the policy of the THA to comply with all federal, state and local non-discrimination laws, rules
and regulations governing fair housing and equal opportunity in housing and employment now in
effect and subsequently enacted, including, but not limited to:
•
Title VI of the Civil Rights Act of 1964, which forbids discrimination on the basis of race, color,
religion, national origin or sex
•
Title VIII of the Civil Rights Act of 1968 (as amended by the 1974 HCDA and the Fair Housing
Amendments Act of 1988), which extends protection against discrimination based on disability
and familial status, and spell out forms of prohibited discrimination
•
Executive Order 11063 which prohibits discrimination in federally funded housing.
•
Section 504 of the Rehabilitation Action of 1973, which describes specific housing rights of
persons with disabilities
•
Age Discrimination Act of 1975 which prohibits discrimination based on age in programs or
activities that receive federal financial assistance
•
Title II of the Americans with Disabilities Act, otherwise Section 504 and the Fair Housing
Amendments govern (Title II deals with common areas and public space, not living units)
•
Violence Against Women Reauthorization Act 2022 (VAWA) which provides housing protections
for victims of domestic violence, dating violence, sexual assault, and stalking
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•
Any applicable State laws or local ordinances that may apply, including those pertaining to Fair
Housing or any legislation protecting the individual rights of residents, applicants or staff which
may be subsequently enacted
THA’s housing programs are open to all eligible individuals regardless of sexual orientation, gender
identity or marital status. THA will not inquire about the sexual orientation or gender identity of an
applicant or participant for purposes of determining eligibility or otherwise making such housing
available. However, the THA may inquire about a person’s sex in order to determine the number of
bedrooms a household may be eligible for under the occupancy standards or to accurately complete
HUD’s 50058. The THA will not discriminate because of race, color, marital status, sexual orientation,
national or ethnic origin or ancestry, sex, religion, age, familial status, source of income, or disability in
the leasing, rental, occupancy, use, or other disposition of housing or related facilities.
Applicants or participant families who believe that they have been subject to unlawful discrimination
may notify the THA either orally or in writing. Notifications made orally will be documented in writing
by THA staff including complaint description, applicant/participant name, date, and THA staff taking
complaint. THA will make every reasonable attempt to determine whether the applicant’s or
participant’s assertions have merit and take any warranted corrective action. The THA will attempt to
remedy discrimination complaints made against the THA through the existing informal review, informal
hearing, or other reconsideration. In addition to internal procedures to remedy allegations of
discrimination, the THA 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).
San Francisco Regional Office of FHEO
U.S. Department of Housing and Urban Development
One Samsome Street, Suite 1200
San Francisco, CA 94104
(415) 489-6524 / (800) 347-3739 / TTY (415) 436-6594
Citizens may file housing discrimination complaints directly with HUD at the address listed above or with
the Arizona Attorney General’s Civil Rights Division by calling (602) 542-5263 or emailing
civilrightsinfo@azag.gov.
3.3 Owner Nondiscrimination Requirements
Link: Form HUD 52641; PIH 2014-20
The THA requires owners to comply with all applicable laws and statutes. In agreeing to participate in
THA’s housing choice voucher programs, the owner must abide by the Housing Assistance Payments
(HAP) contract which prohibits discrimination and requires that the owner:
•
Not discriminate against any person because of actual or perceived race, color, religion, sex,
national origin, age, sexual orientation, gender identity or disability in connection with the HAP
contract.
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• Cooperate with the THA and HUD in conducting equal opportunity compliance reviews and
investigations.
THA refers Fair Housing complaints to the local fair housing agency as well as to HUD on behalf of a
family that claims that illegal discrimination has prevented the family from leasing a suitable unit.
3.4 Family Outreach and Affirmative Marketing
Link: 24 982.102
The THA publicizes and disseminates information concerning the availability and nature of housing
assistance to income eligible families. As part of the briefing process and on-going education, THA will
provide information to HCV families about the opportunity to rent in a broad range of neighborhoods
including:
•
A listing of available rental property. This listing may be provided as a website(s) or other
publications of available local rental properties.
•
A description of portability provisions available in the Housing Choice Voucher program.
•
A map that identifies areas within the Tempe that are areas of low poverty and minority
concentrations.
•
Other information as required.
When THA’s waiting list is open, THA will publicize the availability and nature of housing assistance
through a wide variety of sources including local newspapers, minority media and the THA website.
Efforts will be made to notify local officials, government agencies, and agencies that specifically address
the needs of individuals with disabilities.
THA will monitor the characteristics of the population being served and the characteristics of the
population in THA’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests
that certain populations are being underserved.
3.5 Owner Outreach
Link: 24 CFR.982.54
THA encourages program participation by owners of units located outside areas of poverty or minority
concentration. The purpose of these activities is to provide more choices and better housing
opportunities for families. Outreach to property owners is regularly conducted to develop interest in
the program and to increase the number of units available in low-poverty areas. THA provides program
information and printed materials to local realtors, agents, apartment associations and any interested
landlords. THA staff will be available to make presentations about the Housing Choice Voucher Program
to these groups.
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3.6 Language Assistance Plan and Limited English Proficiency Policy
The THA is committed to providing meaningful access to its programs and services to all eligible persons,
including those who have Limited English Proficiency because of their national origin. THA will take
affirmative steps to communicate with people who need services or information in a language other
than English. LEP is defined as persons who do not speak English as their primary language and who
have a limited ability to read, write, speak or understand English. For the purposes of this policy, LEP
persons are HCV program applicants and participant families.
THA has determined that most participants speak English and Spanish. THA staff have specific
knowledge of THA programs and policies, and THA will utilize staff for translation services when
possible.
If in the future THA determines it is appropriate to develop a written LEP plan, the following five steps
will be taken: (1) identifying LEP individuals who need language assistance; (2) identifying language
assistance measures; (3) training staff; (4) providing notice to LEP persons; and (5) developing,
monitoring and updating the LEP plan as needed.
3.6.1 LEP Options
•
When LEP persons request, they will be permitted to use, at their own expense, an interpreter
of their own choosing, in place of or as a supplement to the free language services offered by
the THA. The interpreter may be a family member or friend.
•
The THA will utilize a language line for telephone interpreter services.
•
THA will inform applicants and participants of language assistance services.
•
THA will not provide written translation but will provide written notice in the primary language
of the LEP language group of the right to receive oral interpretation of those written materials,
free of cost. Translation may also be provided orally.
3.7 Reasonable Accommodation Policy
Link: 24 CFR Part 8
This policy applies to applicants and participants. A reasonable accommodation is a change,
modification, alteration or adaptation in a policy, procedure, 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.
THA will ask all applicants and participant families if they require any type of accommodation, in writing,
on the intake application, re-certification documents, and notice of adverse action. Briefing materials
provided to new voucher holders will also include information on how to request reasonable
accommodation. The notice will include the name and phone number of the THA contact person for
requests for accommodation for people with disabilities.
The THA will encourage the family to make its request in writing using a reasonable accommodation
request form. However, the THA will consider the accommodation any time the family indicates that
accommodation is needed regardless of a formal written request. If the request is made orally, the THA
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will document the request in writing including request specifications, family name, date, and THA staff
taking request.
If a person with a disability requests accommodation to an existing rule, policy, practice, or service to
fully access and utilize the THA’s housing programs and related services, the THA will verify and evaluate
the request. The THA will approve a request for accommodation if the following three conditions are
met:
•
The request was made by or on behalf of a person with a disability.
•
There is a disability-related need for accommodation.
•
The requested accommodation is reasonable, meaning it would not impose an undue financial
and administrative burden on THA, or fundamentally alter the nature of the THA’s HCV
operations (including the obligation to comply with HUD requirements and regulations).
Requests for accommodation must be assessed on a case-by-case basis, considering factors such as the
cost of the requested accommodation, the financial resources of the THA at the time of the request, the
benefits that the accommodation would provide to the family, and the availability of alternative
accommodations that would effectively meet the family’s disability-related needs.
Before deciding whether to approve the request, the THA may enter discussion and negotiation with the
family, request more information from the family, or may require the family to sign a consent form so
that the AHA may verify the need for the requested accommodation.
If the THA denies a request for an accommodation because it is not reasonable (it would impose an
undue financial and administrative burden or fundamentally alter the nature of the THA’s operations),
the THA will discuss with the family whether an alternative accommodation could effectively address
the family’s disability-related needs without a fundamental alteration to the HCV program and without
imposing an undue financial and administrative burden.
3.7.1 Legal Authority
This Policy is in compliance with the statutory THA listed below:
•
Section 504 of the Rehabilitation Act of 1973 (Section 504);
•
Titles II and III of the Americans with Disabilities Act of 1990 (ADA);
•
The Fair Housing Act of 1968, as amended (Fair Housing Act);
•
The Architectural Barriers Act of 1968; and
•
24 C.F. R. Parts 8
3.7.2 Definition of Disability
A person with disabilities is a person who:
•
Has a disability, as defined in 42 U.S.C. 423;
•
Is determined, pursuant to HUD regulations, to have a physical, mental, or emotional
impairment that:
o Is expected to be of long-continued and indefinite duration;
o Substantially impedes his or her ability to live independently, and
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o Is of such a nature that the ability to live independently could be improved by more
suitable housing conditions; or
o Has a developmental disability as defined in 42 U.S.C. 6001.
•
Does not exclude persons who have the disease of acquired immunodeficiency syndrome or any
conditions arising from the etiologic agent for acquired immunodeficiency syndrome;
•
For purposes of qualifying for low-income housing, does not include a person whose disability is
based solely on any drug or alcohol dependence; and
•
Means “individual with handicaps”, as defined in § 8.3 of this title, for purposes of reasonable
accommodation and program accessibility for persons with disabilities.
3.7.3 Examples of Reasonable Accommodations
•
Allowing a larger unit size
•
Allowing a larger payment standard and/or utility allowance
•
Allowing a live-in aide, with the owner’s approval
•
Allowing a service animal, with the owner’s approval
•
Alternative measures instead of program termination, if applicable based on the reason for
termination
•
Rescheduling appointments and/or hearings
•
Attendance at a hearing of any other person approved by the THA
•
Permitting an outside agency or family member to assist in an interview or meeting
3.8 Live in Aide Policy
Links: 24 CFR 5.403; 24 CFR 8; 24 CFR 5.609(c)(5); 24 CFR 966.4(d)(3)(I)
The THA will approve a live-in aide if needed for families with an elderly member, or as a reasonable
accommodation to make the program accessible to and usable by a family member with disabilities.
Live-in aide means a person who resides with one or more elderly persons or persons with disabilities,
and who:
•
Is determined to be essential to the care and well-being of the persons
•
Is not obligated for the support of the disabled member, and
•
Would not be living in the unit except to provide the necessary supportive services
A live-in aide is a member of the household, not the family, and the income of the aide is not considered
in family income calculations. Relatives may be approved as live-in aides if they meet all of the criteria
defining a live-in aide. However, a relative who serves as a live-in aid is not considered a family member
and will not be considered a remaining member of a participant family.
A family request for a live-in aide must be made in writing, include the owner’s written approval if
currently in a unit, and is subject to THA verification and approval. The live in aide must pass the THA
criminal background screening. For continued approval, the family must submit a new, written request,
subject to the THA verification and approval at each annual reexamination. The owner must continue to
approve the live in aide residing in the unit.
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In addition, the family and live-in aide will be required to submit a certification stating that the live-in
aide is:
•
Not obligated for the support of the person(s) needing the care, and
•
Would not be living in the unit except to provide the necessary supportive services.
The THA has the discretion not to approve a particular person as a live-in aide, and may withdraw such
approval, if the person:
•
Does not meet THA’s eligibility criteria
•
Would cause the current unit to become overcrowded according to THA standards and local
codes
•
Falls under any category listed in this Policy in the Denials of Admission Section
•
Is on the THA Public Housing Trespass List
3.9 Physical Impairment Policy
Link: 24 CFR Part 8.6
To meet the needs of people with hearing impairments, TTD/TTY (text telephone display / teletype)
communication is available at the THA office.
When visual aids are used in meetings or presentations, one-on-one assistance will be provided upon
request.
Additional examples of alternative forms of communication are sign language interpretation; having
material explained orally by staff; or having a third-party representative (a friend, relative or advocate,
named by the applicant or participant) to receive, interpret and explain housing materials and be
present at all meetings.
3.10 Violence against Women Reauthorization Act Policy (VAWA)
Links: Violence Against Women Reauthorization Act 2022; 24 CFR 5.2005 (b), (d), (e); 24 CFR 5.2003; 24 CFR
5.2009; 24 CFR 5.2007 (a)(1)(v); Federal Register / Vol. 81, No. 221
This Policy is applicable to all federally subsidized housing administered by THA. THA will not discriminate
against an applicant or resident on the basis of the rights or privileges provided under the VAWA. THA
does discriminate against any person because that person has opposed any act or practice made unlawful
by VAWA’s housing provisions, or because that person testified, assisted, or participated in any related
matter. THA will not coerce, intimidate, threaten, interfere with, or retaliate against any person who
exercises or assists or encourages a person to exercise any rights or protections under VAWA’s housing
provisions. This policy is gender-neutral, and its protections are available to persons who are victims
(including affiliated individuals) of domestic violence, dating violence, sexual assault or stalking. The THA
VAWA Policy, including Transfer Policy, is attached to this Administrative Policy.
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CHAPTER 4- Applying to the Program and Waiting List
Link: 24 CFR 982.201 to 207
4.1 Opening and Closing the Waiting List
Link: 24 CFR 982.206
THA is responsible for establishing an application and selection process that treats applicants fairly and
consistently and provides an effective method for determining eligibility. THA may choose to open or
close the wait list based on the number of applications on file, the number of anticipated available
vouchers and the wait time for an available voucher. For targeted outreach efforts, if it has been
determined that there is a specific need for applicants for a specific program the waiting list may be
opened only for applicants to that program. Applications for any special program will only be accepted
from those applicants that meet the criteria for the specific targeted population.
The THA will announce the opening of the waiting list at least 10 calendar days prior to the date
applications will first be accepted. The closing date will be announced at the same time of the opening.
If the list is only being reopened for certain categories of families, this information will be contained in
the notice. THA will advertise through a wide variety of sources including local newspapers, THA’s
website (Housing Services | City of Tempe, AZ), minority media and suitable social media. An effort will
also be made to notify elected officials, government agencies and other agencies that specifically
address the needs of individuals with disabilities.
In all wait list outreach efforts, the THA will specify the application selection method in the outreach
material and on the THA web site.
All notices and advertisements announcing the opening of the waiting list will include:
o The dates the list will be open
o The means by which applications will be taken (telephone; electronic; other)
o Eligibility guidelines
o Preferences and methodology for the selection of applicants; and
o Any limitations which may apply
o How to request reasonable accommodation
4.2 Application Process
No one will be denied the right to request or submit an application when the HCV waiting list is open.
However, depending upon the composition of the waiting list with regard to family types and preferences
and to better serve the needs of the community, the THA may only accept applications from any family
claiming preference(s). When the HCV waiting list is open, THA will offer all applicants the opportunity
to apply to on other THA waiting lists, if open. THA does not charge any fee for any part of the HCV pre-
application or application process.
Accommodations will be made for interested, disabled applicants. In the event that on-line applications
are utilized and an applicant needs assistance completing or submitting the on-line application, assistance
may be provided via other means as identified by THA.
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Only those pre-applications received by the due date as indicated by the means of submission during the
time-period specified by THA will be accepted as eligible pre-applications. The date the pre-application is
received is the date it is postmarked or submitted electronically. During periods of open enrollment,
applications can be placed by those with disabilities or those that do not have access by external
organizations that provide human services and or at THA’s designated locations.
An applicant is deemed preliminarily ineligible and not placed on the THA waiting list if:
•
Currently housed in the same program and listed as the head of household or co-head of
household.
•
The application is incomplete or missing required information.
4.3 Maintaining the Waiting List
THA will not merge the housing choice voucher waiting list with the waiting list for any other program
the THA operates. The THA maintains a tenant-based voucher waiting list and property management
maintains site-based waiting lists for PBV projects.
The waiting list will contain the following information for each applicant listed:
•
Name and address of head of household
•
Number of family members, appropriate bedroom size
•
Racial / Ethnicity information for the head of household0F0F0F1, which must be provided for final
eligibility
•
Amount and source of annual income
•
Date and time of application / Randomized wait list selection number
4.4 Updating the Waiting List
The waiting list will be updated as needed to ensure that all applicant information is current. When THA
decides to update the Housing Choice Voucher waiting list, it will notify the applicants on the waiting list
requesting updated information. The intent of the notification is also to determine whether the
applicant is still interested in the Housing Choice Voucher Program.
The family’s response must be in writing and may be delivered by the means specified in the notification
to the household. Responses should be received by the THA not later than the specified date provided
in THA’s letter. If the family fails to respond within the required time, or the notification is returned as
undeliverable with no forwarding address, the family will be removed from the waiting list without
further notice.
When an applicant is removed from the waiting list during the update process for failure to respond, no
informal review will be offered. Such failures to act on the part of the applicant prevent THA from
making an eligibility determination; therefore, no informal review is required.
1 Race/Ethnicity must be provided prior to admission to the HCV Program but may be omitted for the wait list.
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If the family is removed from the waiting list for failure to respond, they will not be entitled to
reinstatement unless verification of the following is received within 30 calendar days from the response
due date:
•
The applicant provides evidence that a change of address was submitted to THA prior to the
update notice being issued by THA;
•
During the time of any waiting list update or, at the time of notification for an interview, the
applicant could not respond. For example, the applicant was incapacitated due to
hospitalization or was unavailable due to active participation on Jury Duty;
•
As a result of a THA data entry error, the applicant address was THA incorrectly recorded THA;
•
The applicant is a person with a disability who requires an alternative form of communication
other than one normally used by THA, and the applicant informed THA, in advance, of the
proper means of communication, as required by regulations.
At the time THA conducts an opening of the waiting list to establish a new waiting list, no further
requests for re-instatement will be accepted or considered from applicants claiming to have been on
any prior waiting list.
Notices will be made available in an accessible format upon the request of a person with a disability. An
extension to reply to the update notification will be considered as reasonable accommodation if
requested by a person with a disability.
4.5 Change in Circumstances
Preference Status
Changes in an applicant’s circumstances while on the wait list may affect the family’s preference.
Applicants are required to notify the THA in writing when their circumstances change.
When an applicant claims an additional preference, they will be placed on the waiting list in the
appropriate order determined by the newly claimed preference.
The exception to this is, if at the time the family applied, the waiting list was only open to families
who claimed that preference. In such case, the applicant must verify that they were eligible for the
first preference before they returned to the waiting list with the new preference.
Change to the Family Composition
Changes to the family composition after an application has been submitted include addition of family
members born to, adopted or otherwise granted custody to the family by operation of the law, which
may include foster children, live in aides and spouses, provided the additional family member(s) meet all
applicable waiting list requirements and remain eligible for the waiting list. THA will require
documentation that the head of household has authorization to include a minor as part of the
household. Court approved custody or guardianship is not the only mechanism for establishing that a
head of household has authorization to include a minor in the family composition. Changes to the
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family composition may also be allowed for families in which one or more children less than eighteen
years of age live with the designee of the parent or legal custodian, with the parent or custodians’
written consent. Documentation can include but is not limited to court documents, pre-need guardian,
school records, other state and federal public assistance documentation, or durable powers of attorney.
All other additions to the family will be considered only on a case-by-case basis and must be
documented at the time such changes occur. These additions may include immediate family members
(sons, daughters, siblings, parents, grandparents, grandchildren) and may be made for humanitarian or
extraordinary reasons.
4.6 Local Preferences
Link: 24 CFR 982.207
Preferences establish the order of applicants on the waiting list. Preferences are cumulative (each
criteria may be added on to for a higher placement). An admission preference does not guarantee
admission. Every applicant must still meet THA's Selection Criteria before being offered a voucher. THA
has the following HCV preferences:
o Individuals/families who are currently living and/or working in the City of Tempe. (200
points)
o Individuals/families currently homeless or at risk of homelessness receiving services in
the City of Tempe
o Families ending participation under THA special housing programs due to insufficient
funding, term limitations or no longer requiring the services offered under such program
who otherwise meet THA program eligibility requirements. (200 points)
o Elderly and/or Disabled Families as defined by HUD (150 points)
The City of Tempe Housing Services operates tenant based rental assistance programs which serve
special populations, special needs or which were designed for special purposes (see 24 CFR 92.209). For
these populations and programs, preference will be given to applicants that are referred from various
community organizations or divisions of local government which are under a Memorandum of
Understanding (MOU), Memorandum of Agreement, or a Contract with the City of Tempe (i.e. Homeless
and Domestic Violence) in accordance with program regulations.
When adopting a new preference, THA will notify all applicants on the current waiting list to determine if
any are eligible under the preference (24 CFR §5.655(c)). THA will specify in a public notice of a waiting
list opening that current waiting list applicants may qualify for the preference. The notice will include
any other information new applicants and current applicants on the waiting list will need to know about
how to successfully apply and establish their preference status, including any partnering agencies with
whom the owner may be working to receive referrals or determine preference eligibility.
If the THA denies the preference, THA will notify the applicant in writing of the reasons why the
preference was denied and will return the applicant to the waiting list in the appropriate position
without preference.
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If the preference denial is the result of a fraudulent statement, the THA will notify the applicant
that their application has been denied and will provide the applicant an opportunity to request an
informal review of the denial of admission.
4.7 Waiting List Placement
Only applicants who submitted complete pre-applications prior to the deadline will be placed on the
list for selection in the random selection process. Applicants who did not submit complete pre-
applications or submitted the pre-application after the deadline will not be placed on the list for
selection for the random selection process. Once the list of all applicants has been created,
families will be selected for the waiting list based upon a computerized random selection process.
The waiting list will consist of the pre-determined number of families to be selected, in numeric
order based upon the random selection sequence of their pre-applications. Families will be
selected from the waiting list in numeric order, based on a family’s assigned sequential number with
consideration provided for eligible preference/s. When a family is selected from the waiting list, the
family will be required to submit a full application and documentation to determine eligibility prior
to housing assistance becoming available.
4.8 Assistance Targeted by HUD
Link: 24 CFR 982.203; 982.203 (2)(b)(1-5)
THA will admit a family that is not on the waiting list, or without considering the family's waiting list
position or preferences in certain circumstances prescribed by HUD. THA will maintain records showing
that the family was admitted with HUD-targeted assistance.
The THA administers the following types of targeted funding:
•
HUD-VASH program
•
Mainstream Housing Choice Voucher program
•
Family Unification Program
•
Emergency Housing Voucher
The THA administers a Project Based Voucher (PBV) program. Administration of the PBV program is
contingent on the PHA’s HCV’s budget authority. THA also administers a Tenant Based Rental Assistance
Program through the HOME Investment Program. The TBRA program operating plan addresses the
operation and guidelines of the program and is set forth in Chapter 14 of this Administrative Plan.
The THA may participate in additional programs which serve special populations, special needs or which
were designed for special purposes. For these populations and programs, preference will be given to
applicants that are referred from various community organizations or divisions of local government
which are under a Memorandum of Understanding (MOU), Memorandum of Agreement, or a Contract
with the City of Tempe in accordance with program regulations.
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4.9 Continuously Assisted Families
Link: 24 CFR 982.4; 982.203
THA will consider a family to be continuously assisted if the family was leasing a unit under any 1937
Housing Act program at the time they were issued a voucher by THA.
4.10 Relocation of Witnesses and Victims of Crime
Link: http://portal.hud.gov/hudportal/HUD?src=/programdescription/witness
THA will provide Housing Choice Voucher assistance for the relocation of witnesses in connection
with efforts to combat crime in public and assisted housing. The THA will accept written referrals
from HUD for such cases. All referred applicants must meet Housing Choice Voucher eligibility
requirements before admission to the program.
4.11 Income Targeting Policy
Link: 24 CFR 982.201
The THA will monitor progress in meeting the Extremely Low Income (ELI) requirement throughout the
fiscal year. Extremely Low-Income families are defined as families whose incomes do not exceed the
higher of: Federal Poverty Level or 30 percent of Area Median Income. ELI families will be selected
ahead of other eligible families on an as-needed basis to ensure that the income targeting requirement
is met. Under limited circumstances, HUD rules allow admission of low-income families. The THA will
admit applicants to the Veterans Affairs Supportive Housing (VASH) program who meet the low income
limits at 80% of the median income for the area, adjusted for family size.
If an applicant on the waiting list is skipped over, they will retain their original sequential number
placement and be the first applicant offered an opportunity for assistance after the extremely low-
income targeting requirement has been met.
4.12 Selection from the Waiting List Notification
THA will notify the family in writing when it is selected from the waiting list. The notice will include the
Eligibility Packet to be completed and returned by the applicant, along with all required documents.
Applications will be processed based on first complete packet returned to the THA.
If a notification letter is returned to THA with no forwarding address or not returned within the specified
time the family will be removed from the waiting list without further notice. Such failure to act on the
part of the applicant prevents THA from making an eligibility determination; therefore, no informal
review will be offered.
If the family is removed from the waiting list for failure to respond, they will not be entitled to
reinstatement unless verification of the following is received within 30 calendar days from the response
due date (or longer period if demonstrated inability to respond):
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•
The applicant provides evidence that a change of address / email was submitted to THA prior to
the update notice being issued by THA
•
During the time of any waiting list update or, at the time of notification for an interview, the
applicant could not respond. For example, the applicant was incapacitated due to
hospitalization or was unavailable due to active participation on Jury Duty
•
As a result of a THA data entry error, the applicant address was THA incorrectly recorded THA
•
The applicant is a person with a disability who requires an alternative form of communication
other than one normally used by THA, and the applicant informed THA, in advance, of the
proper means of communication, as required by regulations.
At the time THA conducts an opening of the waiting list to establish a new waiting list, no further
requests for re-instatement will be accepted or considered from applicants claiming to have been on
any prior waiting list
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Chapter 5-Initial and Continuing Eligibility
Link: 24 CFR 982.4; 982.203
5.1 Qualifications for Admission
THA will admit only applicants who are qualified according to all the following criteria:
•
Are a family as defined by HUD and THA.
•
Qualify on the basis of citizenship or the eligible immigrant status of family members. Link 24
CFR Part 5, Subpart E
•
Provide documentation of Social Security numbers for all household members, or certify that
they do not have Social Security numbers. Link: 24 CFR Part 5, Subpart B
•
Have income at or below HUD-specified income limits. Link: 24 CFR Part 5, Subpart F
•
Consent to THA’s collection and use of family information as provided for in THA consent forms.
5.1.1 Income Eligibility
Links: 24 CFR 982.201(b); 982.4; 248.101 & 173
For admission to the Housing Choice Voucher Program, an applicant must be income eligible in the area
where the family initially leases a unit with housing assistance1F1F1F2. An applicant porting into THA’s
jurisdiction must be eligible in Hopewell. A family porting out of THA’s jurisdiction must be income
eligible in the area where the family leases an assisted unit.
To determine if the applicant is income eligible, the THA will compare the annual income of the family
provided to THA at the time of eligibility determination to the HUD published THA income limit for the
family’s size. Changes in family income must be reported prior to the determination of eligibility.
5.1.2 Social Security Number Disclosure
Link: 24 CFR 5.216, 5.218; Notice PIH 2018-24
The applicant and all members of the applicant’s household must disclose the complete and accurate
social security number (SSN) assigned to each household member, and the documentation necessary to
verify each SSN. (These requirements do not apply to noncitizens who do not contend eligible
immigration status).
If THA determines that the applicant is otherwise eligible to participate in a program, the applicant may
retain its place on the waiting list for the program for up to 90 days but cannot become a participant
until it can provide the documentation to verify the SSN of each member of the household.
If a child under the age of 6 years was added to the applicant household within the 6-month period prior
to the household’s date of admission, the applicant may become a participant, so long as the
documentation required is provided to the THA within 90 calendar days from the date of admission into
the program.
2 Applicants for the Veterans Affairs Supportive Housing (VASH) vouchers may be eligible provided their income is
no greater than 80% AMI.
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The THA will grant an extension of one additional 90-day period if the THA determines that, in its
discretion, the applicant’s failure to comply was due to circumstances that could not reasonably have
been foreseen and were outside the control of the applicant. If the applicant family fails to produce the
documentation required within the required time period, the THA must follow the provisions of § 5.218.
5.1.3 Citizenship Requirements
Link: 24 CFR Part 5, Subpart E
THA will verify the citizenship/immigration status of applicants at the time other eligibility factors are
determined. At least one family member must be a citizen, national, or noncitizen with eligible
immigration status in order for the family to qualify for any level of assistance. Each family member
must declare whether the individual is a citizen, national or an eligible noncitizen. Family members
who declare citizenship or national status will not be required to provide additional documentation
supporting the individual’s declaration of citizenship and national status unless THA receives information
indicating that an individual’s declaration may not be accurate, such as a birth certificate. All eligible
noncitizens who are 62 years of age or older will be required to sign a declaration under penalty of
perjury. They will also be required to show proof of age. Prior to being admitted, all eligible
noncitizens must sign a declaration of their status and a verification consent form and provide their
original USCIS documentation. Family members who do not claim to be citizens, nationals or eligible
noncitizens, or whose status cannot be confirmed, must be listed on a statement of non-eligible
members and the list must be signed by the head of household.
5.1.4 Restrictions on Eligibility due to Family Net Assets
Link: 24 CFR 5.618(a)); 24 CFR 5.618(a)(ii)
Families may not receive assistance in the housing choice voucher program if their net family assets
exceed the maximum amount (set by HUD annually) or if the family owns real property suitable for the
family to live in.
A family cannot receive benefits if they have present ownership interest in, a legal right to reside in, and
the effective legal authority to sell, based on the Commonwealth of Virginia laws, real property that is
suitable for occupancy by the family as a residence.
The restriction on owning real property does not apply to:
•
A family that receives assistance for the property under the Housing Choice Voucher Program
for:
o Manufactured home (24 CFR 982.620)
o Homeownership Option
o Property jointly owned with someone else, and occupied by the other owner who is not
a member of the household receiving benefits.
o A victim of domestic violence, dating violence, sexual assault, or stalking.
o A family that is offering the property for sale.
A family that owns a property may show it is not “suitable for occupancy” if it:
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•
Does not meet the disability-related needs for all members of the family.
•
Is not sufficient for the size of the family.
•
Is located where it would be a hardship for the family.
•
Example: the location would be a hardship for the family’s commute to work or school
•
Is unsafe because of physical condition.
•
Unless issues can be “easily remedied”
•
Cannot be a residence per local or state laws.
5.2 Family Definition
Link: 24 CFR 5.403
To be eligible for admission, an applicant must qualify as a family. Family as defined by HUD includes but
is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or
marital status:
•
A single person, who may be an elderly person, displaced person, or:
o Is an otherwise eligible youth who has attained at least 18 years of age and not more
than 24 years of age;
o Has left foster care, or will leave foster care within 90 days, in accordance with a
transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C.
675(5)(H)); and
o Is homeless or is at risk of becoming homeless at age 16 or older
•
A group of persons residing together and such group includes, but is not limited to:
o A family with or without children (a child who is temporarily away from the home
because of placement in foster care is considered a member of the family); unborn
children and children in the process of being adopted are considered family members
for purposes of determining bedroom size, but are not considered family members for
determining income limit.
Child (minor) relationship is determined only by: birth, adoption, a court order
establishing custody, or a legal order from the social service agency, (i.e. Child
Protective Services, DES, etc.).
o An elderly family;
o A disabled family;
o A displaced family; and
o The remaining member of a participant family.
For categorizing family as defined above, the terms disabled family and elderly family are:
•
Disabled family means a family whose head (including co-head), spouse or sole member is a
person with a disability.
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•
Elderly family means a family whose head (including co-head), spouse or sole member is a
person who is at least 62 years of age.
A family may have a spouse or co-head but not both. The co-head is an individual in the household who
is equally responsible for the lease with the head of household. A co-head never qualifies as a
dependent. The co-head must have legal capacity to enter a lease.
Each family must identify the individuals to be included in the family at the time of application, and must
notify the THA if the family’s composition changes within 10 calendar days.
5.2.1 Foster Adults, Foster Children and Live In Aides
Foster adults, foster children and Live-in aides are members of the household (and therefore will be
considered when determining appropriate unit size and utility allowance), they are not considered
members of the family for purposes of determining either annual and adjusted income or net family
assets, nor are their assets taken into consideration for purposes of the asset limitations.
5.2.2 Head of Household
The family may designate any qualified adult family member as the head of household. The head of
household must have the legal capacity to enter into a lease under state and local law. A minor who is
emancipated under state law may be designated as head of household.
5.2.3 Joint Custody
Dependents that are subject to a joint custody arrangement will be considered a member of the family,
if they live with the applicant or participant family more than 50 percent of the time.
When more than one applicant or participant (regardless of program) is claiming the same dependents
as family members, the family with primary custody at the time of the initial examination or re-
certification will be able to claim the dependents. If there is a dispute about which family should claim
the dependent(s), the THA will make the determination based on court orders and social service agency
orders showing which family has custody
5.2.4 Family Break Up
When a family on the waiting list breaks up into two otherwise eligible families, only one of the new
families may retain the original application date. Other former family members may submit a new
application with a new application date if the waiting list is open.
If a participant family breaks up into two otherwise eligible families, only one of the new families will
retain occupancy of the unit.
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If a court determines the disposition of property between members of an applicant or participant family
as part of a divorce or separation decree, the THA will abide by the court's determination.
In the absence of a judicial decision or an agreement among the original family members, the THA will
determine which family will retain their placement on the waiting list or continue in occupancy. In
making its determination, the THA will take into consideration the following factors:
•
The interest of any minor children, including custody arrangements
•
The interest of any ill, elderly, or disabled family members
•
The interest of any family member who is or has been the victim of domestic violence, dating
violence, sexual assault, or stalking and provides documentation in accordance with this
Administrative Plan
•
Any possible risks to family members as a result of criminal activity
•
The recommendations of social service professionals
5.2.5 Remaining Family Member
A remaining family member is defined as a family member listed on the most recent recertification who
is 18 years of age or older, who meets all other eligibility criteria and who continues to live in the unit
after all other family members have left. If the head of household leaves the HCVP for any reason, any
remaining adult in the household may be designated by the remaining family as the head of household.
If there are no remaining adults in the household, THA may, at its discretion, allow another person
related to the remaining tenant family by blood or marriage or court action to assume head of
household responsibilities, even though that person was not previously listed on the lease.
5.3 Student Head of Household
Link: https://www.govinfo.gov/content/pkg/FR-2016-09-21/pdf/2016-22727.pdf
No assistance will be provided under section 8 of the 1937 Act to any individual who:
•
Is enrolled as a student at an institution of higher education, as defined under section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002);
•
Is under 24 years of age;
•
Is not a veteran of the United States military;
•
Is unmarried;
•
Does not have a dependent child; and
•
Is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible
based on income to receive assistance under section 8 of the 1937 Act.
The above restriction does not apply to a person with disabilities as such term is defined in section
3(b)(3)(E) of the 1937 ACT and who was receiving Section 8 assistance on November 20, 2005.
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A student, under the age of 24 who meets the THA eligibility criteria may still be income eligible for
assistance in circumstances where the student can demonstrate independence from parents, where the
student can demonstrate the absence of parents, or where an examination of the student’s parents’
income may not be relevant. In order to make this determination, the THA will follow HUD guidance
provided: Eligibility of Independent Students for Assisted Housing Under Section 8 of the U.S. Housing
Act of 1937; Additional Supplementary Guidance - HUD Exchange.
5.4 Guests/Visitors
Guests/Visitors are permitted based on the terms in the owner’s lease; the owner has provided approval
for the guest/visitor; and the guest/visitor is not an unauthorized person living in the unit.
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 or THA will consider the person(s) unauthorized persons in
the unit. A family may request an exception to this policy for valid reasons (e.g. care of a relative
recovering from a medical procedure is expected to last 30 consecutive days). An exception will not be
made unless the family can identify and provide documentation of the residence to which the guest will
return.
The family must notify the THA in writing of the children(s) names and timeframes the children(ren) will
be in the household if the participant has children who are subject to a joint custody arrangement or for
whom a family has visitation privileges, that are not included as a family member because they live
outside of the unit more than 50 percent of the time.
In making the determination if the person is an unauthorized household member, THA will consider:
•
Statements from neighbors and/or THA staff
•
Vehicle license plate verification
•
Post Office records
•
Driver’s license verification
•
Law enforcement reports
•
School records
•
Credit reports
5.5 Eligibility Process
Families selected from the waiting list are required to submit a complete Eligibility Packet and all
required documents. The family will be sent the Eligibility Packet to their last known address. The
packet must be complete in order for eligibility to be determined. Incomplete packets will not be
accepted. The family will be given a list of missing documents and the timeframe for submission.
Applications are processed based on first complete packet returned to the THA office.
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The family must provide the information necessary to establish the family’s eligibility, including criminal
background consent, and to determine the appropriate amount of rent the family will pay. The family
must also complete the required forms, provide required signatures, and submit required
documentation. If the documents are not returned complete within the time specified, THA will
determine that the applicant is no longer interested in housing assistance and will be removed from the
waiting list. Extensions to the timeframe may be allowed based on documented and verified
extenuating circumstances (illness, hospitalization, etc.) and reasonable accommodation.
The applicant will be given two opportunities to provide the THA with requested documentation (the
initial notification letter and one follow up letter). Failure to comply with the THA request will result in
withdrawal from the wait list for lack of interest to provide sufficient documentation to determine
eligibility. Applicants withdrawn from the wait list for failure to respond will not be afforded the
opportunity to request an informal review.
An advocate, interpreter, or other assistant may assist the family with the application and the interview
process.
5.5.1 Eligibility Notification
The THA will notify a family in writing of their eligibility. If the THA determines that the family is
ineligible, the THA will send written notification of the ineligibility determination. The notice will specify
the reasons for ineligibility, and will inform the family of its right to request an informal hearing.
5.6 Criminal Background Policy and Credit History Policy
Links: 24 CFR 5.903; 24 CFR 5.905(d)
The THA will perform criminal records and credit history review at application for all adult household
members (defined as 18 years of age or older), when porting in to THA’s jurisdiction, when adding an
adult member or live-in aide to the household.
The THA will conduct criminal records checks that will include a National Criminal History Check.
Local/State checks will be conducts where needed. Such checks will also include sex offender
registration information. In order to obtain such information, all adult household members must sign
consent forms for release of criminal conviction and sex offender registration records on an annual
basis. The THA may also review criminal records if it has reason to believe that criminal activity has
occurred.
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5.6.1 Drug Abuse Treatment Information
Links: 24 CFR 960.205(f)
The THA will obtain information from drug abuse treatment facilities to determine whether any
applicant family’s household members are currently engaging in illegal drug activity only when the THA
has determined that the family will be denied admission based on a family member’s drug-related
criminal activity, and the family claims that the culpable family member has successfully completed a
supervised drug or alcohol rehabilitation program. The THA will require the proposed family member
sign a consent form for the drug abuse treatment facility to release information.
5.7 Duplicative Assistance
Link: 24 CFR 982.352(c)
A family may not receive HCV assistance while receiving housing assistance of any of the following
assistance types, for the same unit or for a different unit:
•
Public or Indian housing assistance
•
Other Section 8 assistance (including other participant-based assistance)
•
Assistance under former Section 23 of the United States Housing Act of 1937 (before
amendment by the Housing and Community Development Act of 1974)
•
Section 101 rent supplements
•
Section 236 rental assistance payments
•
Participant-based assistance under the HOME Program
•
Rental assistance payments under Section 521 of the Housing Act of 1949 (a program of the
Rural Development Administration)
•
Any local or State rent subsidy
•
Section 202 supportive housing for the elderly
•
Section 811 supportive housing for persons with disabilities; (11) Section 202 projects for non-
elderly persons with disabilities (Section 162 assistance)
•
Any other duplicative federal, State, or local housing subsidy, as determined by HUD. For this
purpose, 'housing subsidy' does not include the housing component of a welfare payment, a
social security payment received by the family, or a rent reduction because of a tax credit.
5.8 Absences from the Unit
Link: 24 CFR 982.312
5.8.1 Absent Family Member
The THA will compute all applicable income of every family member who is on the lease, including those
who are temporarily absent. It is the responsibility of the head of household to report changes in family
composition and absences of family members.
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The income of people permanently absent will not be counted. If the spouse is temporarily absent for
work or is in the military, all pay and allowances (except for hazardous duty pay when exposed to hostile
fire and any other exceptions to military pay HUD may define) is counted as income.
Generally, an individual who is or is expected to be absent from the assisted unit for 3 consecutive
months or 90 days or more in a 12-month period of time is considered temporarily absent and continues
to be considered a family member. Generally, an individual who is or is expected to be absent from the
assisted unit for more than 90 consecutive days is considered permanently absent and no longer a
family member.
The family must request THA approval for the return of any adult family members that the THA has
determined to be permanently absent. The individual is subject to the eligibility requirements stated in
this Administrative Plan.
5.8.2 Absence of Entire Family
Notice is required when all family members will be absent from the unit for an extended period of time
(greater than 30 calendar days). Families are required to give THA 30 days’ notice before moving out of
a unit. Absence means that no family member is residing in the unit. In order to determine if the family
is absent from the unit, the THA may:
•
Conduct a special inspection
•
Post letters on exterior door
•
Telephone the family at the unit
•
Interview neighbors
•
Verify if utilities are in service
•
Check with the Post Office for forwarding address
•
Contact the emergency contact
The family must supply any information or certification requested by the THA to verify that the family is
living in the unit or relating to family absence from the unit.
If a family is absent from the unit for more than 180 consecutive days the THA will terminate assistance.
5.8.3 Absent Student
When minors and college students who have been considered family members attends school away
from home, the person will continue to be considered a family member unless information becomes
available to the THA indicating that the student has established a separate household or the family
declares that the student has established a separate household.
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5.8.4 Absences Due to Placement in Foster Care
If a child has been placed in foster care, the THA will verify with the appropriate agency whether and
when the child is expected to be returned to the home. Unless the agency confirms that the child has
been permanently removed from the home, the child will be counted as a family member.
If the child(ren) are removed from the home permanently, the unit size will be reduced in accordance
with the THA’s occupancy guidelines.
5.8.5 Caretaker for a Child
If neither a parent nor a designated guardian remains in a household receiving assistance, the THA will
take the following actions:
•
If a responsible agency has determined that another adult is to be brought into the unit to care
for a child for an indefinite period, the designated caretaker will not be considered a family
member until a determination of custody or legal guardianship is made.
•
If a caretaker has assumed responsibility for a child without the involvement of a responsible
agency or formal assignment of custody or legal guardianship, the caretaker will be treated as a
visitor for 90 consecutive days. After the 90 consecutive days has elapsed, the caretaker will be
considered a family member unless information is provided that would confirm that the
caretaker’s role is temporary. In such cases the THA will extend the caretaker’s status as an
eligible visitor.
•
During any period that a caretaker is considered a visitor, the income of the caretaker is not
counted in annual income and the caretaker does not qualify for any deductions from income.
•
If the caretaker is considered a family member, the caretaker must submit an eligibility
application, pass all eligibility criteria, and their income will be counted as part of the household.
Once eligibility is passed, the lease will be transferred to the caretaker as head of household.
5.8.6 Absent Head or Spouse Due to Employment
If an employed head, spouse, or co-head is absent from the unit more than 180 consecutive days due to
employment, she/he will continue to be considered a family member.
5.8.7 Absence Due to Incarceration
If the sole member is incarcerated for more than 90 consecutive days without notice, they will be
considered permanently absent. Any member of the household, other than the sole member, will be
considered permanently absent if they are incarcerated for 180 consecutive days with prior notice. The
rent and other charges must remain current during any period of incarceration.
The THA will determine if the reason for incarceration is for drug-related or any other criminal activity
which is grounds for program termination.
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5.8.8 Individuals Absent (Confined) for Medical Reasons
An individual confined to a nursing home or hospital on a permanent basis is not considered a family
member. If there is a question about the status of a family member, the THA will request verification
from a responsible medical professional if the member will be gone less than 90 consecutive days (and
up to 180 days after approval of the Section 8 Manager or authorized designee) and will use this
determination. If the medical professional responsible cannot provide a determination, the person
generally will be considered temporarily absent. The family may present evidence that the family
member is confined on a permanent basis and request that the person not be considered a family
member.
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CHAPTER 6: Tenant Rent and Housing Assistance Payment
Calculation
THA uses HUD’s definition of Annual Income. Should this definition be revised, the current HUD
definition will be used.
Annual income includes all amounts received from all sources by each member of the family who is 18
years of age or older, the head of household, or spouse of the head of household, in addition to
unearned income received by or on behalf of each dependent who is under 18 years of age. Annual
income does not include amounts specifically excluded in paragraph (b) of 24 CFR § 5.609. See Appendix
A (at end of Chapter or Admin Plan): Income Exclusions.
All amounts received by the head of household, co-head, or spouse, including the income of a day
laborer, independent contractor, and seasonal worker are included in annual income regardless of age,
unless otherwise excluded in paragraph (b) of 24 CFR § 5.609.
Annual income also includes all actual anticipated income from assets even if the asset is excluded from
net family assets but the income from the asset is not otherwise excluded. Annual income will include
the income from assets, if known, for total family net assets of less than $5,000 (an amount to be
adjusted annually by HUD). Imputed returns on net family assets are included in annual income only
when net family assets exceed $5,000 (an amount that HUD will annually adjust for inflation) and actual
asset income cannot be calculated for all assets.
6.1.2 Earned Income
Link: 24 CFR § 5.100
Earned Income is defined as income or earnings from wages, tips, salaries, other employee
compensation, and net income from self-employment. Earned income does not include any pension or
annuity, transfer payments (meaning payments made or income received in which no goods or services
are being paid for, such as welfare assistance, Social Security, and other governmental subsidies /
benefits), or any cash or in-kind benefits.
6.1.3 Unearned Income
Unearned income means any annual income, as calculated under 24 CFR § 5.609, that is not earned
income.
6.1.4 Non-recurring Income
Income that will not be repeated beyond the coming year (i.e., the 12 months following the effective
date of the certification), based on information provided by the family, is considered nonrecurring
income and is excluded from annual income. However, income received as an independent contractor,
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day laborer, or seasonal worker is not excluded from income under § 5.609(b)(24), even if the source,
date, or amount of the income varies.
Income that has a discrete end date and will not be repeated beyond the coming year during the
family’s upcoming annual reexamination period will be excluded from a family’s annual income as
nonrecurring income. This does not include unemployment income and other types of periodic
payments that are received at regular intervals (such as weekly, monthly, or yearly) for a period of
greater than one year that can be extended.
Nonrecurring income includes:
(i) Payments from the U.S. Census Bureau for employment (relating to decennial census or the
American Community Survey) lasting no longer than 180 days and not culminating in permanent
employment.
(ii) Direct Federal or State payments intended for economic stimulus or recovery.
(iii) Amounts directly received by the family as a result of State refundable tax credits or State
tax refunds at the time they are received.
(iv) Amounts directly received by the family as a result of Federal refundable tax credits and
Federal tax refunds at the time they are received.
(v) Gifts for holidays, birthdays, or other significant life events or milestones (e.g., wedding gifts,
baby showers, anniversaries).
(vi) Non-monetary, in-kind donations, such as food, clothing, or toiletries, received from a food
bank or similar organization.
(vii) Lump-sum additions to net family assets, including but not limited to lottery or other
contest winnings.
6.1.5 Incremental Earnings
The THA defines incremental earnings and benefits as the difference between:
•
The total amount of welfare assistance and earnings of a family member prior to enrollment in a
training program and
•
The total amount of welfare assistance and earnings of the family member after enrollment in
the program.
In calculating the incremental difference, the THA will use as the pre-enrollment income the total
annualized amount of the family member’s welfare assistance and earnings reported on the participant
most recently completed HUD-50058.
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6.2 Self Employment Income
Link: 24 CFR 5.609(b)(2)
Gross income received through self-employment or operation of a business, with the exception of the
following which is considered income:
•
Net income from the operation of a business or profession. Expenditures for business expansion
or amortization of capital indebtedness will not be used as deductions in determining net
income. An allowance for depreciation of assets used in a business or profession may be
deducted, based on straight line depreciation, as provided in IRS regulations; and
•
Any withdrawal of cash or assets from the operation of a business or profession will be included
in income, except to the extent the withdrawal is reimbursement of cash or assets invested in
the operation by the family.
Note: gross income is the total income that a business brings in and is not reflective of the costs of
operating a business or of being self-employed.
6.2.1 Co-Owned Businesses
If a business is co-owned with someone outside the family, the participant must document the share of
the business it owns. If the participant ‘s share of the income is lower than its share of ownership, the
participant must document the reasons for the difference.
6.3 Assets
Link: 24 CFR 5.609(b) and (c)
Net family assets are defined as the net cash value of all assets owned by the family, after deducting
reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other
forms of investment, except as excluded. See Appendix B (at end of Chapter or Amin Plan): Asset
Exclusions.
If the Household has net assets valued in excess the maximum amount currently set at $5,000 (to be
adjusted annually by HUD), the annual income will include the greater of the actual income derived from
all assets or a percentage of the value of such assets based on the current passbook savings rate as
determined by HUD. Effective upon the THA HOTMA compliance date, this amount will be
determined by HUD and adjusted annually.
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6.3.1 Jointly Owned Assets
If an asset is owned by more than one person and any family member has unrestricted access to the
asset, the THA will count the full value of the asset. A family member has unrestricted access to an asset
when he or she can legally dispose of the asset without the consent of any of the other owners.
If an asset is owned by more than one person, including a family member, but the family member does
not have unrestricted access to the asset, the THA will prorate the asset according to the percentage of
ownership. If no percentage is specified or provided for by state or local law, the THA will prorate the
asset evenly among all owners.
6.3.2 Disposed Assets
In determining the value of net family assets, THA must include the value of any business or family
assets disposed of by an applicant or tenant for less than fair market value (including a disposition in
trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application
for the program or reexamination, as applicable, in excess of the consideration received.
When the two-year period expires, the income assigned to the disposed asset(s) also expires. If the two-
year period ends between annual re-certifications, the participant may request an interim re-
certification to eliminate consideration of the asset(s).
In the case of a disposition as part of a separation or divorce settlement, the disposition will not be
considered less than fair market value if the applicant or tenant receives consideration not measurable
in dollar terms.
Families must sign a declaration form at initial certification and each annual re-certification identifying
all assets that have been disposed of for less than fair market value or declaring that no assets have
been disposed of for less than fair market value.
6.3.3 Asset owned by business entity.
If a business entity (e.g., limited liability company or limited partnership) owns the asset, then the
family’s asset is their ownership stake in the business, not some portion of the business’s assets.
However, if the family holds the assets in their own name rather than in the name of a business entity,
then the percentage value of the asset owned by the family is what is counted toward net family assets.
6.3.4 Necessary and Non-Necessary Personal Property
Link: 24 CFR § 5.603
Effective upon the THA HOTMA compliance date, necessary personal property will be excluded from net
family assets. Non-necessary personal property with a combined value greater than $50,000, (amount to
be adjusted by HUD annually), is considered part of net family assets. When the combined value of all
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non-necessary personal property does not exceed the annual maximum amount, all non-necessary
personal property is excluded from net family assets.
Necessary personal property are items essential to the family for the maintenance, use, and occupancy
of the premises as a home; or they are necessary for employment, education, or health and wellness.
Necessary personal property includes more than merely items that are indispensable to the bare
existence of the family. It may include personal effects (such as items that are ordinarily worn or utilized
by the individual), items that are convenient or useful to a reasonable existence, and items that support
and facilitate daily life within the family’s home. Necessary personal property also includes items that
assist a household member with a disability, including any items related to disability-related needs, or
that may be required for reasonable accommodation for a person with a disability. Necessary personal
property does not include bank accounts, other financial investments, or luxury items.
6.3.5 Trusts as Net Family Assets
Link: 24 CFR §§ 5.603 and 5.609
The value of irrevocable trusts and revocable trusts that are not under the control of the family are both
excluded from net family assets.
Revocable trust that is under the control of the family or household (e.g., the grantor is a member of the
assisted family or household) is included in net family assets, and, therefore, income earned on the trust
is included in the family’s income from assets.
THA will calculate imputed income on the revocable trust if net family assets are more than $50,000, as
adjusted by inflation, and actual income from the trust cannot be calculated (e.g., if the trust is
comprised of farmland that is not in use)
6.3.6 Trust Distributions and Annual Income
If the value of the trust is considered part of the family’s net assets, then distributions from the trust are
not considered income to the family. If the value of the trust is not considered part of the family’s net
assets, then distributions from the trust are treated as follows:
•
All distributions from the trust’s principal are excluded from income.
•
Distributions of income earned by the trust (i.e., interest, dividends, realized gains, or other
earnings on the trust’s principal), are included as income unless the distribution is used to pay
for the health and medical expenses for a minor.
6.3.7 Excluded Assets
The following are examples of assets excluded under HOTMA and effective upon the THA HOTMA
compliance date. The full list of exclusions is provided in Appendix B, Excluded Assets. If the family
owns an excluded asset, its value does not count toward the restriction due to net family assets.
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•
Necessary items of personal property (such as medical devices, vehicle for commute)
•
Non-necessary items of personal property if the combined total value does not exceed $50,000
(amount to be adjusted annually)
•
Retirement account recognized by IRS
•
Real property that the family does not have the effective legal authority to sell in the jurisdiction
in which the property is located
•
Any amounts recovered in any civil action or settlement based on a claim of malpractice,
negligence, or other breach of duty owed to a family member, for an incident resulting in a
disability
•
The value of certain education or disability support savings accounts
•
Income earned on amounts placed in a family’s FSS account.
6.4 Excluded Income
Link: 24 CFR 5.609(c)
The following are types of excluded income2F2F2F3. The full list of exclusions are provided as Appendix A,
Excluded Income:
•
Earned income of children (including foster children) under the age of 18 years
•
Earned income of dependent full-time students in excess of the amount of the deduction for a
dependent.
•
Payments received for the care of foster children or foster adults (usually persons with
disabilities, unrelated to the family, who are unable to live alone);
•
All income of foster child or foster adult
•
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
•
Income and distributions from any Coverdell educational savings account of or any qualified
tuition program under IRS sections 529 and 530
•
Income earned by government contributions to, or distributions from, ‘baby bond’ accounts
created, authorized, or funded by federal, state, or local government.
•
Amounts received by a person with a disability that are disregarded for a limited time for
purposes of Supplemental Security Income eligibility and benefits because they are set aside for
use under a Plan to Attain Self-Sufficiency (PASS).
•
Income of a live-in aide, as defined in 4 CFR §5.403;
•
Reimbursements for Health and Medical Care Expenses. The amounts received by the family
that are specifically for, or in reimbursement of, the cost of health and medical care expenses
for any family member.
3 VA disability income is excluded for the determination of initial eligibility for the VASH applicants only.
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•
Insurance payments and settlements for personal or property loss including, but not limited to:
payments through health insurance, motor vehicle insurance, and workers’ compensation.
•
Income received from any account under an IRS-recognized retirement plan. However, any
distribution of periodic payments from these accounts shall be income at the time they are
received by the family.
•
The special pay to a family member serving in the Armed Forces who is exposed to hostile fire
•
Payments related to aid and attendance for veterans under 38 U.S.C. 1521.
•
Any amounts recovered in any civil action or settlement based on a claim of malpractice,
negligence, or other breach of duty owed to a family member arising out of law, that resulted in
a member of the family having a disability.
•
Deferred periodic amounts from supplemental security income and social security benefits that
are received in a lump sum amount or in prospective monthly amounts, or any deferred
Department of Veterans Affairs disability benefits that are received in a lump sum amount or in
prospective monthly amounts
•
Amounts received by the family in the form of refunds or rebates under State or local law for
property taxes paid on the dwelling unit
•
Amounts specifically excluded by any other Federal statute from consideration as income for
purposes of determining eligibility or benefits under a category of assistance programs. That
includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply
6.4.2 Income from Training Programs
Incremental earnings and benefits from training programs funded by HUD or qualifying federal, state,
tribal, or local employment training programs (including training programs not affiliated with a local
government) and training of a family member as resident management staff.
Excluded amounts must be received under employment training programs with clearly defined goals
and objectives and only excluded during participation in the program unless the amounts are excluded
as Federal Financial Aid (§ 5.609(b)(9)(i)).
6.4.3 Student Financial Assistance (24 CFR 5.609(9)(i), (ii))
Title IV HEA Assistance
Any assistance that section 479B of the Higher Education Act of 1965, as amended (20 U.S.C. 1087uu),
requires to be excluded from a family’s income including Bureau of Indian Affairs or Department of
Education student assistance programs. These amounts are only excluded up to the cost that covers
tuition and other required fees in households if the student is the head of household or that person’s
spouse.
Other Student Financial Assistance
Student financial assistance, not excluded under the HEA for “actual covered costs” of higher education
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paid directly to the student or to the educational institution on the student’s behalf.
6.4.4 State Payments to Allow Individuals with Disabilities to Live at Home
These payments must be made by or authorized by a state Medicaid managed care system or other
state agency (includes state Medicaid-managed care system, other state agency, or authorized entity) to
a family to enable a family member who has a disability to reside in the family’s assisted unit.
6.5 Deductions from Income
Link: 24 CFR 5.611
6.5.1 Dependent and Elderly Family Deduction
Dependent Deduction
The dependent deduction amount is $480 (2024). HUD will adjust this amount annually (and applies to a
family’s next annual or interim reexamination after the annual adjustment, whichever is sooner.
Elderly/Disabled Family Deduction
The elderly/disabled family deduction is $400. Effective upon the THA HOTMA compliance date, HUD
will determine this amount annually.
6.5.2 Health and Medical Care Expense
Health and medical care expenses, as defined in 24 CFR § 5.603, include costs incurred for the diagnosis,
cure, mitigation, treatment, or prevention of disease or payments for treatments affecting any structure
or function of the body. Health and medical care expenses include medical insurance premiums and
long-term care premiums that are paid or anticipated during the period for which annual income is
computed. Medical insurance premiums continue to be eligible health and medical care expenses.
The sum of unreimbursed health and medical care and reasonable attendant care and auxiliary expenses
that exceed 3 percent of the elderly or disabled family’s annual income can be deducted from annual
income. Effective upon the THA HOTMA compliance date, this threshold will increase to 10 percent.
6.5.3 Attendant Care and Auxiliary Apparatus Expenses
Attendant care expenses will be included for the period that the person enabled to work is employed
plus reasonable transportation time. The cost of general housekeeping and personal services is not an
eligible attendant care expense. However, if the person enabled to work is the person with disabilities,
personal services necessary to enable the person with disabilities to work are eligible.
If the care attendant also provides other services to the family, the THA will prorate the cost and allow
only that portion of the expenses attributable to attendant care that enables a family member to work.
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Unless otherwise specified by the care provider, the calculation will be based upon the number of hours
spent in each activity and/or the number of persons under care.
The THA determines the reasonableness of the expenses based on typical costs of care or apparatus in
the locality. To establish typical costs, the THA will collect information from organizations that provide
services and support to people with disabilities. A family may present, and the THA will consider the
family’s justification for costs that exceed typical costs in the area.
In order to claim the deduction for the cost of unreimbursed reasonable attendant care and auxiliary
apparatus expenses, the family must include a person with a disability, and the expenses must enable
any member of the family (including the member who is a person with a disability) to be employed. If
the unreimbursed reasonable attendant care and auxiliary apparatus expense exceeds the amount
earned by the person who was enabled to work, the deduction will be capped at the amount earned by
that individual.
6.5.4 Both Medical and Attendant/Auxiliary Expenses
This policy applies only to families in which the head, spouse, or co-head is 62 or older or is a person
with disabilities. When expenses anticipated by a family could be defined as either medical or attendant
care and auxiliary expenses, the THA will consider them medical expenses unless the expenses are
incurred exclusively to enable a person with disabilities to work.
The family must identify the family members enabled to work as a result of the disability assistance
expenses. In evaluating the family’s request, the THA will consider factors such as how the work
schedule of the relevant family members relates to the hours of care provided, the time required for
transportation, the relationship of the family members to the person with disabilities, and any special
needs of the person with disabilities that might determine which family members are enabled to work.
When the THA determines that the disability assistance expenses enable more than one family member
to work, the disability assistance expenses will be capped by the sum of the family members’ incomes.
Expenses incurred for maintaining or repairing an auxiliary apparatus are eligible. In the case of an
apparatus that is specially adapted to accommodate a person with disabilities (e.g., a vehicle or
computer), the cost to maintain the special adaptations (but not maintenance of the apparatus itself) is
an eligible expense. The cost-of-service animals trained to give assistance to persons with disabilities,
including the cost of acquiring the animal, veterinary care, food, grooming, and other continuing costs of
care, will be included.
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6.5.5 Childcare
Childcare is allowed as a deduction from income for children less than 13 years of age. The family must
identify the family member(s) enabled to pursue an eligible activity: seeking work, pursuing an
education or being gainfully employed.
6.5.5.1 Allowable Childcare Activities and Expenses
For school-age children under 13 years of age, costs attributable to public or private school activities
during standard school hours are not considered allowable childcare expenses. Expenses incurred for
supervised activities after school or during school holidays (e.g., summer day camp, after-school sports
league) are allowable forms of childcare.
The costs of general housekeeping and personal services are not eligible. Childcare expenses paid to a
family member who lives in the family’s unit are not eligible; however, payments for childcare to
relatives who do not live in the unit are eligible.
If a childcare provider also renders other services to a family or childcare is used to enable a family
member to conduct activities that are not eligible for consideration, the THA will prorate the costs and
allow only that portion of the expenses that is attributable to childcare for eligible activities. Unless
otherwise specified by the childcare provider, the calculation will be based upon the number of hours
spent in each activity and/or the number of persons under care.
Childcare expenses will be considered for the time required for the eligible activity plus reasonable
transportation time.
For childcare that enables a family member to go to school, the time allowed may include not more than
one study hour for each hour spent in class.
To establish the reasonableness of childcare costs, the THA will use the schedule of childcare costs from
the local welfare agency. Families may present, and the THA will consider justification for costs that
exceed typical costs in the area.
6.5.5.2 Seeking Work
If the childcare expense being claimed is to enable a family member to seek employment, the family
must provide evidence of the family member’s efforts to obtain employment at each re-certification.
The deduction may be reduced or denied if the family member’s job search efforts are not
commensurate with the childcare expense being allowed by the THA.
6.5.5.3 Furthering Education
If the childcare expense being claimed is to enable a family member to further their education, the
member must be enrolled in school (academic or vocational) or participate in a formal training program.
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The family member is not required to be a full-time student, but the time spent in educational activities
must be commensurate with the childcare claimed.
6.5.5.4 Being Gainfully Employed
If the childcare expense being claimed is to enable a family member to be gainfully employed, the family
must provide evidence of the family member’s employment during the time that childcare is being
provided. Gainful employment is any legal work activity (full- or part-time) for which a family member is
compensated.
When the childcare expense being claimed is to enable a family member to work, only one family
member’s income will be considered for a given period of time. When more than one family member
works during a given period, the THA generally will limit allowable childcare expenses to the earned
income of the lowest-paid member. The family may provide information that supports a request to
designate another family member as the person enabled to work.
6.5.6 Permissive Deductions
The THA has not established permissive deductions as permitted by HUD.
6.6 Prior Year Income
Effective upon the THA HOTMA compliance date, the THA will use the prior year income received by the
family to determine household annual income at the annual recertification (unless using the streamline
income determination for sources of fixed income). HUD defines the prior year’s income as the income
received during the preceding 12 months. THA will review any change of income since the family’s last
annual reexamination, including those that did not meet the threshold to process an interim
reexamination of family income, and non-recurring income when determining prior year income.
Prior to the THA HOTMA compliance date, the THA will use Anticipated Income (defined below) to
determine the annual income for the annual recertification and determination of family rent.
6.78 Anticipated Income
The THA will use current income to anticipate the annual household income for the purposes of initial
eligibility, new admission and interim recertifications. THA will also use this method for annual income
determination at annual reexamination prior to the THA HOTMA Compliance Date. In such cases, the
THA will review and analyze current data to anticipate annual income.
Any time current circumstances are not used to project annual income; the decision will be documented
in the file. In all such cases the family may present information and documentation to the THA to show
why the historic pattern does not represent the family’s anticipated income.
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6.8 Total Tenant Rent and HAP
Links: 24 CFR 5.628; 5.630; 5.634
THA follows HUD regulations for determining the family’s portion of rent and the HAP subsidy to the
owner.
Total Tenant Payment is the higher of:
•
30% of adjusted monthly income; or
•
10% of monthly income;
•
Not less than the Minimum Rent of $50
•
The THA has no minimum rent for the Veterans Affairs Supportive Housing (VASH) program
Tenant Rent
•
Tenant rent is calculated by subtracting the utility allowance for family supplied utilities (if
applicable) from the Total Tenant Payment.
•
Where the owner pays for all utilities and provides the stove and refrigerator, Tenant Rent
equals Total Tenant Payment.
Rent to Owner
Rent to owner is the greater of:
•
The Payment Standard less the Housing Assistance Payment; or
•
The Gross Rent less the Housing Assistance Payment
•
Minimum rent
6.8.1 Payment Standards
Link: 24 CFR 982.505
The payment standard is used in the calculation of the housing assistance payment for a family. The
payment standard for the family is the lower of:
•
The unit size shown on the voucher, or
•
The size of the actual unit selected by the family.
6.8.1.1 Establishment of Payment Standards
Link: 24 CFR 982.505
The payment standard is set by THA between 90% and 110% of the HUD published Small Area Fair
Market Rent (SAFMR). THA will review the payment standard at least annually to determine whether an
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adjustment should be made. As reasonable accommodation, THA may establish an exception payment
standard of not more than 120% of the published SAFMR.3F3F3F4
THA will implement new payment standards no later than 90 days after HUD publishes the Small Area
Fair Market Rents for both the Tenant-based and Project-based Voucher programs. The new payment
standard will apply to the family as follows:
•
If an increase in the payment standard, the earlier of:
o Annual re-examination;
o Interim re-examination (for change of family composition, change of income or contract
rent change);or
o Move to new unit
•
If a decrease in the payment standard:
o Upon execution of new HAP Contract
6.8.2 Utility Allowances and Utility Reimbursements
Link: : 24 CFR 982.517; Notice PIH 2016-05
THA maintains a Utility Allowance Schedule which is used in the housing assistance payment calculation
to assist with the cost of utilities not included in the rent. . The utility allowance is intended to enable
participating families to pay typical costs for utilities and services paid by energy-conserving households
occupying units of similar size and type in the same locality. Any additional utility costs incurred by the
family are not the responsibility of the THA.
The utility allowance calculation is based on the lower of:
•
The voucher unit size based on THA subsidy standards
•
The size of the actual unit leased by the family
•
In the case of a reasonable accommodation, THA will use utility allowance for the unit size
actually leased by the family
When the utility allowance exceeds the family’s Total Participant Payment, THA will make the utility
reimbursement check to the head of household and utility company or to just the utility company.
An allowance for family paid air conditioning will be calculated when central air-conditioning or a
portable air conditioner is present in the unit.
4 The THA may apply reasonable accommodation exception payment standards for HUD–VASH families without
additional HUD approval.
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THA will review the utility allowance schedule annually and revise it when needed. Revised utility
allowances will be applied in a family’s rent calculation at the next annual re-certification.
The THA has the option of making utility reimbursement payments not less than once per calendar-year
quarter, for reimbursements totaling $45 or less per quarter. In the event a family leaves the program in
advance of its next quarterly reimbursement, the THA will reimburse the family for a prorated share of
the applicable reimbursement.
THA may make reimbursement payments retroactively or prospectively. In the event that THA chooses
to make the reimbursement payments retroactively, THA will allow a family to request a hardship
exemption from the quarterly payments if it results in a financial hardship for the family. If a family
receives a hardship exemption, then the THA may either reimburse the family on a monthly basis or it
may make prospective payments to the family, on a quarterly basis.
6.8.3 Welfare Rent
Welfare Rent does not apply.
6.9 Hardship Exemptions
Link: 24 CFR 5.630
6.9.1 Health and Medical Care Expense Hardship
In the event that the change effective upon the THA HOTMA compliance date of the medical, disability
and disability apparatus expense threshold from an amount exceeding the threshold of three percent
(3%) to ten percent (10%) of the family annual income for unreimbursed health and medical care
expenses and reasonable attendant care and auxiliary apparatus expenses causes the elderly or disabled
family (medical and disability expense) or family with a disabled member (disability apparatus expense)
to experience a financial. This hardship is specifically for families that previously (last recertification)
were using the deduction threshold of 3%.
The hardship remedy will be phased in as follows:
•
The family will receive an initial hardship deduction totaling the sum of medical/attendant care
and auxiliary apparatus expense that exceed 5 percent of annual income.
•
Twelve months after the hardship is provided, the family must receive a deduction totaling the
sum of expenses that exceed 7.5 percent of annual income.
•
Twenty-four months after the initial hardship is provided, the family must receive a deduction
totaling the sum of expenses that exceed ten percent of annual income.
6.9.2 General Financial Hardship
Effective upon the THA HOTMA compliance date, to receive general relief, an elderly or disabled family
or a family that includes a person with disabilities must demonstrate that the family’s unreimbursed
health and medical care expenses or unreimbursed reasonable attendant care and auxiliary apparatus
expenses increased, or the family’s financial hardship is a result of a change in circumstances that would
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not otherwise trigger an interim reexamination. Financial hardship is defined for the purposes of this
hardship as the tenant rent plus additional expenses are greater than 40% of the family monthly income.
Examples of circumstances constituting a financial hardship may include the following situations:
•
The family is awaiting an eligibility determination for a federal, state, or local assistance
program, such as a determination for unemployment compensation or disability benefits;
•
The family’s income decreased because of a loss of employment, death of a family member, or
due to a natural or federal/state declared disaster; or
•
Other circumstances as determined by the THA
The hardship remedy for this provision is the deduction of expenses exceeding 5% of their annual
income for the sooner of 90 days or when the circumstances end. The THA will not grant automatic
extension of the hardship period. The family may reapply for general financial hardship if the
circumstances warrant upon the expiration of the 90 day initial hardship period (or subsequent hardship
periods). Families must report to the THA when the circumstances that made the family eligible for the
hardship exemption are no longer applicable.
6.9.3 Hardship for loss of Childcare Expense
Effective upon the THA HOTMA compliance date, a family whose eligibility for the childcare expense
deduction is ending may request a financial hardship to continue the childcare expense deduction. The
THA will recalculate the family's adjusted income and continue the childcare deduction if the family
demonstrates that they are unable to pay their rent because of loss of the childcare expense deduction,
and the childcare expense is still necessary even though the family member is no longer employed or
furthering his or her education. For purposes of this hardship exemption, the inability to pay rent is
defined as the current tenant portion with monthly qualified expense is greater than 40% of family
income.
The hardship exemption and the resulting alternative adjusted income calculation must remain in place
for a period of up to 90 days. The THA will not automatically extend a hardship period, but the family
may apply for a new hardship if circumstances warrant upon the expiration of the hardship period (or
extended hardship period). Families receiving a Hardship exemption for Childcare expense must report
to the THA when the circumstances that made the family eligible for the hardship exemption are no
longer applicable.
6.9.4 Minimum Rent Hardship
Participants in the housing choice voucher program are eligible for the hardship exception to minimum
rent if they meet at least one of the following criteria:
•
The family has lost eligibility for or is awaiting an eligibility determination for a federal, state, or
local assistance program. A hardship will be considered to exist only if the loss of eligibility has
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an impact on the family’s ability to pay the minimum rent. For a family waiting for a
determination of eligibility, the hardship period will end as of the first of the month following:
(1) implementation of assistance, if approved; or (2) the decision to deny assistance. A family
whose request for assistance is denied may request a hardship exemption based upon one of
the other allowable hardship circumstances. To make a claim under this hardship exemption,
the family must provide THA with proof of application for assistance, or termination of
assistance. The proof would be provided by the agency responsible for granting assistance or
terminating assistance.
•
The family would be evicted because it is unable to pay the minimum rent. For a family to
qualify under this provision, the cause of the potential eviction must be the family’s failure to
pay rent or family -paid utilities. The family must be able to document inability to pay the
minimum rent at the time of the request.
•
The family household income has decreased because of changed family circumstances, including
the loss of employment. To make a claim under this criterion the loss of employment must not
be the result of failure to meet employment requirements by the family. Changed circumstance
as defined in this section includes, but is not limited to:
o Reduction in work hours
o Reduction in pay rate
o Reduction in work force
•
If a death has occurred in the family. In order to qualify under this provision, a family must
describe how the death has created a financial hardship (e.g., because of funeral-related
expenses or the loss of the family member’s income). The deceased family member must be an
income producing member of the household, which contributes 30% of the income used to
calculate the family rent.
To make a claim under these provisions the applicant or family must submit a request, in writing, to the
THA office. The applicant/ family must provide documentation to support the request for a hardship
exemption.
•
The THA will make the determination of hardship within 30 calendar days.
•
The THA will require the family to repay the suspended amount within 30 calendar days of the
THA’s notice that a hardship exemption has not been granted. The THA will enter into a
repayment agreement in accordance with the THA's repayment agreement policy.
•
If the THA determines that a qualifying financial hardship is temporary, the THA will reinstate
the minimum rent from the beginning of the first of the month following the date of the family’s
request for a hardship exemption.
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The THA defines temporary hardship as a hardship expected to last 90 consecutive days or less. Long
term hardship is defined as a hardship expected to last more than 90 consecutive days.
The hardship period ends when any of the following circumstances apply:
•
At an interim or annual re-certification, the family calculated TTP is greater than the minimum
rent.
•
For hardship conditions based on loss of income, the hardship condition will continue to be
recognized until new sources of income are received that are at least equal to the amount lost.
•
For hardship conditions based upon hardship-related expenses, the minimum rent exemption
will continue to be recognized until the cumulative amount exempted is equal to the expense
incurred.
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CHAPTER 7: Request for Tenancy Approval and Leasing
After families are issued a voucher, they may search for a unit within the jurisdiction of THA, or outside
of THA’s jurisdiction if they qualify for portability. 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 (HAP)
contract with THA within the time frame listed on the voucher.
7.1 Information to Owners
Link: 24 CFR 982.307(a)(112); (b)(1)
It is the responsibility of the owner to determine the suitability of prospective families as the THA does
not screen for suitability as participants. Owners are encouraged to screen applicants for rent payment
and eviction history, credit history, prior rental references and damage to units, and other factors
related to the family’s suitability as a renter. Owners may not discriminate based on race, religion, sex,
color, national origin, disability, sexual orientation, gender identity or familial status.
If requested by an owner, THA will provide any of the following information in writing regarding a
family’s tenancy history, based on existing documentation relating to:
•
Previous owner name, address and phone number
•
Current owner name, address and phone number
THA’s policy on providing information to owners is included in the briefing packet and will apply
uniformly to all families and owners. THA will make an exception to this policy if the family’s
whereabouts must be protected due to domestic abuse or witness protection, and the protection
requirements are documented.
7.2 Allowable Housing Types
Link: 24 CFR 982.601(b)(2)
The following types of rental units may be leased in the Housing Choice Voucher program, unless
designated otherwise:
•
Single family detached homes
•
Duplexes
•
Multi-plexus
•
Garden apartments
•
Condominiums, townhouses
•
High-rises
•
Manufactured homes where the tenant leases the mobile home and the pad
o The THA will also provide assistance for a family that owns a manufactured home and
leases only space.
•
Other multi-family rental housing structures
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The following types of housing are not permitted in the HCV program:
•
Hotels
•
Motels
•
Nursing homes
•
College or school dormitories
•
Other types disallowed by HUD regulations
•
Unit occupied by its owner or a person with any interest in the dwelling unit
•
Unless its lease was effective prior to June 17, 1998, a family may not lease a property owned by
relatives, i.e.: sister, brother, mother, father, spouse, son, daughter, grandmother, grandfather
THA may permit use of any of the following types of special housing if needed as a reasonable
accommodation for a person with disabilities:
•
Independent Group Residences
•
Congregate Housing
•
Single Room Occupancy Facilities
7.3 Request for Tenancy Approval (RFTA)
Link 24 CFR 982.352(2); 982.305 & 308-309; 982.401; 982.507-508; 982 Subpart M; Form HUD-52517
Before a family leases a unit, THA must approve the unit selected by the family. The voucher holder and
the owner/landlord must submit the following:
•
Complete RFTA, signed by both the family and the owner, including:
o Unsigned dwelling lease
o Proof of ownership of the unit to be leased (e.g. deed of trust, most recent year tax
statement, warranty deed and management agreement, if applicable);
o The Owner’s EIN or social security number
o A W-9 form completed by the owner
o If the property is in a corporation, the names of all parties
o Current street mailing address, Post Office Box addresses will not be accepted
o Business and home/cell telephone number
o For units constructed prior to 1978, owners must either 1) certify that the unit, common
areas, and exterior have been found to be free of lead-based paint by a certified
inspector; or 2) attach a lead-based paint disclosure statement.
o Local point of contact: Name; Address; Phone; Email
The RFTA and all associated documents must be submitted in-person, by mail, or email. The family may
submit only one RFTA at a time. When the family submits the RFTA the THA will review the RFTA for
completeness. If the RFTA is incomplete (including lack of signature by family, owner, or both), or if the
dwelling lease is not submitted with the RFTA, the THA will notify the family and the owner. The owner
will be given 5 calendar days to submit an approvable RFTA from the date of disapproval.
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7.3.1 Tenancy Addendum
Link: 24 CFR 982.308; HUD Form 52641
The owner must use the HUD Tenancy Addendum or all provisions in the HUD-required Tenancy
Addendum must be added to the owner's lease. If there is a conflict between the owner’s lease and the
Tenancy Addendum, the terms of the Tenancy Addendum will prevail over any other provisions of
the lease.
7.3.2 Dwelling Lease
Link: 24 CFR 982.308(d)
When the RFTA and proposed lease are submitted, the THA will review the terms of the RFTA for
consistency with the terms of the proposed lease. If the terms of the RFTA are not consistent with the
terms of the proposed lease, the THA will notify the family and the owner of the discrepancies. The
proposed lease must comply with HUD requirements, as well as State and local law. The THA does not
provide a model or standard dwelling lease for owners to use in the HCV program.
•
Owners that use a standard lease for units rented to unassisted families must use the same
lease, plus the HUD prescribed tenancy addendum for HCV assisted families.
•
THA will review the owner’s lease, any optional charges, compliance with regulations, and any
house rules.
•
Responsibility for utilities, appliances and optional services must correspond to those provided
on the RFTA.
•
The initial lease term must be for one year.
•
The owner must be approved and there must be no conflicts of interest (e.g. owner may not be
a relative, etc.).
7.3.2.1 New Lease Required
•
If there are any changes in lease requirements governing tenant or owner responsibilities for
utilities or appliances;
•
If there are any changes in lease provisions governing the term of the lease;
•
If the family moves to a new unit, even if the unit is in the same building or complex.
7.4 Voucher Term
Link: 24 CFR 982.303(a)
The initial voucher term is 60 calendar days. The family must submit a Request for Tenancy Approval
that is complete and a proposed lease within 60-day period unless the THA grants an extension.
Exceptions to the voucher term are for the following:
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• Participants in the HUD Veterans Affairs Supportive Housing (VASH) program and
Mainstream housing program may have no less than 120 day voucher term.
• The participant residing in a unit for which the HAP contract is terminated due to an
owner failure to correct HQS deficiencies will have a voucher term of 90 days following
the termination of the HAP contract to lease a new unit.
7.4.1 Voucher Extensions
Link: 24 CFR 982.303(b)
Requests for extensions may be submitted to THA verbally or in writing prior to the expiration of the
voucher term. Voucher extensions will be granted in 30-day increments, with a maximum searching time
of 120 days. Requests for voucher extensions must be in writing and accompanied by a searching log
which reflects a substantial effort to locate a unit.
For Mainstream Voucher Extension
•
Each extension will be for 90 days.
•
The PHA must approve the first extension request regardless of how the request is made
(written or verbal) or when it is made, as long as the request is made on or before the term
expiration date and is consistent with applicable requirements; subsequent request should be
processed in accordance with the PHA’s administrative plan
•
The THA will, on at least one occasion after voucher issuance, notify the family prior to the initial
term expiration to remind them of the term expiration date, the process for requesting an
extension, and to inquire if the family is in need of assistance with their housing search.
For VASH Voucher Extension
Any extension, suspensions, and progress report will remain under the policies in the THAs
administrative plan but will apply after the minimum 120 day initial search term.
The THA will approve additional extensions only in the following circumstances:
•
It is necessary as a reasonable accommodation for a person with disabilities
•
It is necessary due to reasons beyond the family’s control, as determined by the THA
Following is a list of extenuating circumstances that the THA may consider in making its decision. The
presence of these circumstances does not guarantee that an extension will be granted:
•
Serious illness or death in the family
•
Other family emergency
•
Obstacles due to employment
•
Whether the family has already submitted requests for tenancy approval that were not
approved by the THA
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•
Whether family size or other special circumstances make it difficult to find a suitable unit.
The maximum time limit on the voucher term (including extensions) is 120 days, except when a
reasonable accommodation is granted for persons with disabilities or to find new housing when an
assisted household must be divided as a result of t violence or abuse covered by VAWA.
The THA will promptly decide whether to approve or deny an extension request and will notify the
family of its decision and notate the extension date in the applicant/ family file.
7.4.2 Voucher Suspension
The THA will suspend the term of the voucher from the date a complete Request for Tenancy Approval
and proposed lease is accepted by the THA until the date the THA makes a final determination with
respect to that Request for Tenancy Approval. If the family chooses to cancel the Request for Tenancy
Approval (RTA), the term of the voucher will be reinstated the date the THA receives notice the RTA is
cancelled by the family.
7.5 Subsidy Standards
Link: 24 CFR 982.401(d)
THA does not determine who shares a bedroom or sleeping room. The unit size on the voucher remains
the same as long as the family composition remains the same, regardless of the actual unit size rented.
In the event the family composition changes, the THA will update the subsidy standard at the annual re-
examination following the change of composition.
7.5.1 Subsidy Standards Chart
Link: 24 CFR 982.402
THA will issue a voucher for a particular bedroom size. The bedroom size is a factor in determining the
family’s level of assistance. The following guidelines will determine each family’s unit size without
overcrowding or over-housing.
The living room may be used for sleeping quarters and room additions may be used as sleeping quarters
per HUD housing inspection regulations.
The standards listed below are consistent with HUD requirements and serve as general guidelines when
THA determines the unit size on the family’s voucher:
Voucher
Unit Size
Persons in Household
Minimum Number
Persons in Household
Maximum Number
0-BR
1
1
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1-BR
1
2
2-BR
2
4
3-BR
3
6
4-BR
4
8
5-BR
6
10
THA generally assigns one bedroom to two people and will also consider the following conditions when
determining the unit size designated for the family voucher:
•
Single person families will be allocated a zero or one bedroom
•
Head of household (with Spouse or Co-Head) will be allocated a bedroom
•
Authorized live-in aides will be allocated a separate bedroom. No additional bedrooms will
be provided for the live-in aide’s family
•
Foster children will be included in determining unit size only if they will be in the unit for at
least six (6) consecutive months
•
Space may be provided for a child who is away at school, but who lives with the family
during school recess
•
A household in which the parent shares joint custody of a dependent child will include the
child on the lease and will be counted for purposes of establishing occupancy standards for
unit size if:
o The head of household is legally entitled to physical possession of the child more
than 50% of the time
o The child actually physically resides in the unit with the head of household more
than 50% of the time
o If the child is school age, the head of household is listed as the legal guardian on the
child’s school enrollment documentation, and the address of record is the head of
household’s address.
A total of two additional members per living/sleeping area may be approved at the request of the
family. THA will only grant increases in voucher size in cases of birth, adoption, court awarded or other
legally documented custody.
THA will consider granting exceptions to the occupancy standards at the family’s request if THA
determines, in its sole discretion, the exception is justified by health or disability of family member or
other personal circumstances. All requests for exceptions to the occupancy standards must be
submitted in writing and verified by a qualified third party.
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7.5.2 Unit Size Selected by Family
The family may select a different size unit than that listed on the voucher; however, the unit must meet
housing quality standards, have a reasonable rent, and the rent must be less than 40% of the family’s
adjusted income at initial leasing. When calculating the Housing Assistance Payment (HAP), THA will
apply the payment standard and utility allowance for the lower of:
•
The unit size shown on the voucher, or
•
The size of the actual unit selected by the family.
7.5.3 Under-Housed and Over-Housed Families
If a unit does not meet housing inspection space standards due to an increase in family size or change in
family composition, THA will issue the family a voucher to move to an appropriate sized unit. Housing
inspection requirements permit a maximum of two people per living or sleeping room in the units.
Families will not be required to use rooms other than bedrooms for sleeping purposes in the Voucher
size determination. Participants may elect to use other areas of the unit as living/sleeping areas in
determining the total number of persons eligible to live in the unit as a result of the family’s request to
add household members. A total of two additional members per living/sleeping area may be approved
at the request of the participant.
THA will notify the family of the circumstances under which an exception will be granted, such as:
•
If a family with a disability is under-housed and in an accessible unit
•
If a family requires the additional bedroom because of a health problem that has been verified
by the THA, and is considered a reasonable accommodation.
7.6 Security Deposit
Links: 24 CFR 982.313 (a) and (b)
The owner may collect a security deposit from the participant. The deposit must be reasonable based
on local security deposits charged and those charged by the owner for other assisted and non-assisted
units.
7.7 Separate Agreements
Links: 24 CFR 982.451(b)(4); 24 CFR 982.510(c)
The THA permits owners and families to execute separate, non-lease agreements for services,
appliances (other than range and refrigerator) and other items that are not included in the lease. Any
items, appliances, or other services that are not customarily provided to unassisted families as part of
the dwelling lease with those families, are not permanently installed in the dwelling unit and where the
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family has the sole option of not utilizing the item, appliance or service, may be included in a separate
non-lease agreement between the owner and the family. Separate non-lease agreements that involve
additional items, appliances or other services may be considered amenities offered by the owner and
may be taken into consideration when determining the reasonableness of the rent for the property.
Side payments for additional rent, or for items, appliances or services customarily provided to
unassisted families as part of the dwelling lease for those families, are prohibited.
7.8 Initial Rent Burden
At initial lease, the family’s rent cannot be more than 40% of the family’s adjusted income. At the
family’s request, THA will negotiate with the owner to reduce the rent. If the rent is not lowered to at or
below 40% of the adjusted income, the family may not lease the unit.
7.9 Disapproval of RFTA
If THA determines that the Request for Tenancy Approval cannot be approved for any reason the owner
and the family will be notified. THA will instruct the family of the steps that are necessary to approve
the RFTA.
If an RFTA is not approved and the voucher has not expired, THA will furnish another RFTA to the family
to continue searching for eligible housing.
7.10 Owner Disapproval
Links: 24 CFR 982.54d(8); 982.306;982.161(a)
THA may disapprove the owner for any of the following reasons:
•
The owner has committed fraud, bribery or any other corrupt or criminal act in connection with
any federal housing program;
•
The owner has engaged in any drug-related criminal activity or any violent criminal activity;
•
The owner has a history or practice of non-compliance with the housing inspection standards
(HQS/NSPIRE) for units leased under the participant-based programs, or with applicable housing
standards for units leased with project-based Section 8 assistance or leased under any other
federal housing program;
•
The owner has a history or practice of failing to terminate tenancy of participants of units
assisted under Section 8 or any other federally assisted housing program for activity engaged in
by the family, 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 participants;
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o Threatens the health or safety of other participants, of employees of the THA, 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; or
o Is drug-related criminal activity or violent criminal activity;
•
The owner has a history or practice of renting units that fail to meet state or local housing
codes; or
•
The owner has not paid state or local real estate taxes, fines, or assessment.
•
When HUD informed THA that disapproval is required because:
o Owner has been disbarred, suspended, or subject to a limited denial of participation
o Federal government has instituted an administrative or judicial action against the owner
for violating the Fair Housing Act or other federal equal opportunity requirements and
such action is pending.
o The court or administrative agency has determined that the owner violated the Fair
Housing Act or other federal equal opportunity requirements.
Before imposing any penalty against an owner, THA 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.
If an owner commits fraud or abuse or is guilty of frequent or serious contract violations, THA may debar
or suspend the owner from future participation in the. THA may terminate some or all contracts with
the owner.
The THA must not approve a tenancy in which any of the following classes of persons has any interest,
direct or indirect, during tenure or for one year thereafter:
•
Any present or former member or officer of the THA (except a participant commissioner)
•
Any employee of THA, or any contractor, subcontractor or agent of the THA, who formulates
policy or who influences decisions with respect to the programs
•
Any public official, member of a governing body, or State or local legislator, who exercises
functions or responsibilities with respect to the programs
•
Any member of the Congress of the United States
HUD may waive the conflict-of-interest requirements, except for members of Congress, for good cause.
The THA must submit a waiver request to the appropriate HUD Field Office for determination. Any
waiver request submitted by the THA must include the following:
•
Complete statement of the facts of the case;
•
Analysis of the specific conflict of interest provision of the HAP contract and justification as to
why the provision should be waived;
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•
Analysis of and statement of consistency with state and local laws. The local HUD office, the
THA, or both parties may conduct this analysis. Where appropriate, an opinion by the state’s
attorney general should be obtained;
•
Opinion by the local HUD office as to whether there would be an appearance of impropriety if
the waiver were granted;
•
Statement regarding alternative existing housing available for lease under the HCV program or
other assisted housing if the waiver is denied;
•
If the case involves a hardship for a particular family, statement of the circumstances and
discussion of possible alternatives;
•
If the case involves a public official or member of the governing body, an explanation of their
duties under state or local law, including reference to any responsibilities involving the HCV
program;
•
If the case involves employment of a family member by the THA or assistance under the HCV
program for an eligible THA employee, explanation of the responsibilities and duties of the
position, including any related to the HCV program;
•
If the case involves an investment on the part of a member, officer, or employee of the THA,
description of the nature of the investment, including disclosure/divestiture plans.
In considering whether to request a conflict of interest waiver from HUD, the THA will consider certain
factors such as consistency of the waiver with state and local laws, the existence of alternative housing
available to families, the individual circumstances of a particular family, the specific duties of individuals
whose positions present a possible conflict of interest, the nature of any financial investment in the
property and plans for disclosure/divestiture, and the possible appearance of impropriety. Where the
THA has requested a conflict-of-interest waiver, the THA may not execute the HAP contract until HUD
has made a decision on the waiver request.
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CHAPTER 8: Inspections and Rent Reasonableness
Links: 24 CFR 982.305; 982.401; 982.405(b); HOTMA §101(a)(1)
THA performs five types of inspections:
•
Initial Inspection
•
Annual/Biennial Inspections
•
Emergency Inspections
•
Special Inspections
•
Quality Control Inspections
All units occupied by families receiving Housing Choice Voucher (HCV) assistance meet HUD's housing
standards. The THA will apply this standard, or HUD approved successor standards (NSPIRE), to housing
unit inspections. All units must pass a housing inspection prior to the approval of a lease and at least
once every 24 months during the term of the contract, and at other times determined by the THA as
needed, to determine that the unit meets inspection standards. The THA may also accept an alternate
inspection from HUD-approved entities (e.g. Low-Income Tax Credit; HOME) if THA can reasonably
determine from the result of that inspection that the unit would meet similar standard of housing
quality.
The THA may rely on an alternative inspection (an inspection conducted for another housing program)
provided THA obtains the results of the alternative inspection and if HCV units are included in the
population of that housing program’s unit population. Alternative housing program inspections include:
•
HOME Investment Partnerships
•
Low-Income Housing Tax Credits housing
•
Inspections performed by HUD
Units in mixed-finance properties assisted with project-based vouchers will be inspected at least
triennially or at such times as determined necessary by the THA. THA will maintain reports for
inspections conducted using an alternative inspection method for at least three years from the date of
the latest inspection.
8.2 Initial Inspections
The applicant is permitted but not required to be present. All utilities must be in service at the initial
inspection, or the inspection will fail. For the re-inspection, the utilities must be turned on.
The unit must have an operating oven, a stove or range, and refrigerator, which may be supplied by the
owner or family. If the family is responsible for providing the stove and/or refrigerator, THA will allow
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the stove and/or refrigerator to be placed in the unit after the passed inspection. The THA will only
execute the HAP contract following receipt of a signed certification from the family that the appliances
are in the unit and working. THA may conduct a confirmatory inspection to check the appliances.
THA will conduct the initial inspection generally within 15 calendar days after receiving a complete RFTA
from the family and the unit is ready for inspection.
If the unit fails the initial housing inspection, the owner will be notified of the deficiencies. The owner is
required to contact THA within 30 days of the initial inspection to advise the repairs have been made.
8.3 Biennial Inspections
Link: 24 CFR 982.405(a)
An adult family member, or other adult representing the family, must be present at the inspection. If an
adult cannot be present on the scheduled date, the family must contact THA to reschedule the
inspection.
If the family misses the first scheduled appointment without notifying THA before the inspection, the
THA will automatically schedule a second inspection. If the family misses two scheduled inspections
without THA approval, the THA will consider the family to have violated its obligation to make the unit
available for inspection.
8.4 Special Inspections
The THA will conduct a special inspection if the family, or a government official reports a condition that
is life-threatening the THA will inspect the housing unit within 24 hours of when the THA received the
notification. If the reported condition is not life-threatening, THA will inspect the unit within 15 calendar
days of the notification. The THA may also conduct a Special inspection if there is credible evidence to
consider a housing inspection or family obligation violation occurring in the property. During a special
inspection, THA generally will inspect only those deficiencies that were reported. However, the
inspector will record any additional inspection deficiencies that are observed and will require the
responsible party to make the necessary repairs.
If the annual/biennial inspection has been scheduled or is due within 90 days of the date the special
inspection is scheduled the THA may elect to conduct a full inspection.
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8.5 Quality Control Inspections
Link: 24 CFR 982.405(b)
THA will conduct quality control inspections of a sample of units to ensure that each inspector is
conducting accurate and complete inspections and that there is consistency in the application of the
housing inspections. An adult family member, or representative, must be present for the inspection.
8.6 Scheduling Inspections and Family Attendance
Link: 24 CFR 982.551(d)
The family must allow the THA to inspect the unit at reasonable times with reasonable notice. The
family may designate an adult, or property manager, to be present on their behalf if they cannot attend
in person. The family and owner will be given reasonable notice of all inspections. Except in the case of
a life-threatening emergency, reasonable notice is not less than 48 hours. Inspections may be scheduled
between 8:00 a.m. and 5:00 p.m., Monday through Friday. In the case of a life-threatening emergency,
the THA will give as much notice as possible, depending on the nature of the emergency.
8.6.1 Missed and Rescheduled Inspections
An owner is not allowed to cancel an annual, special or quality control inspection. The family may only
request to cancel and reschedule the annual inspection for good cause: e.g. unavoidable conflict, which
seriously affects the health, safety or welfare of the family. THA may require the family provide
documentation in support of the request. The family may only cancel and reschedule the annual
inspection and/or any subsequent re-inspections once. If the family is unable to be present (or
designate another adult to be present), they must reschedule the appointment so that the inspection is
completed within 10 business days, but no later than 30 days following a failed inspection.
THA will process termination of family program assistance and inform the owner of contract unit
termination when the following occurs:
•
The family cancels does not allow entry, or fails to have an adult present on two consecutive
scheduled inspections.
•
The family cancels or fails to be present at the first scheduled inspection and fails to reschedule
the inspection.
•
If the family does not allow entry, is not present for the inspection, or fails to have an adult
present, the attempted inspection is considered a failed inspection.
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8.7 Emergency Inspections
If a family or government official reports a condition that is life-threatening, THA will inspect the unit
within 24 hours.
The owner and the family will be notified in writing of the results of all inspections. When an inspection
identifies inspection failures, the THA will determine if the failure is a life-threatening condition.
When life-threatening conditions are identified, the THA will immediately notify both parties by
telephone, fax or email. The notice will specify who is responsible for correcting the violation. The
corrective actions must be taken within 24 hours of the THA’s notice. The THA adheres to the HUD
definition of life-threatening conditions without exception or addition.
When failures that are not life-threatening are identified, the THA will send the owner and the family a
written notification of the inspection results. The written notice will state that the re-inspection will
occur within 30 calendar days, without a THA approved extension. The owner must contact THA when
the unit is ready for re-inspection within the 30 calendar daytime requirement.
The notice of inspection results will inform the owner that if life-threatening conditions are not
corrected within 24 hours, and non-life-threatening conditions are not corrected within the specified
time frame (or any THA-approved extension), the owner’s HAP will be abated in accordance with THA
policy.
8.7.1 Life Threatening Conditions
The responsible party must correct life-threatening conditions within 24 hours of THA notification.
The THA follows HUD’s definition of life-threatening conditions and has no additional criteria.
8.8 Enforcement of Inspection Standards
In the event that the Owner fails to make the correction to deficiencies within the 30 day period
following the failed inspection, the THA will cease Housing Assistance Payments (HAP). The THA will
make all HAP abatements effective the first of the month following the expiration of the THA specified
correction period (including any extension).
•
The THA will inspect abated units within 5 calendar days of the owner's notification that the
work has been completed. During the abatement period landlords will forfeit the HAP
payment.
•
Payment will resume effective on the day the unit passes inspection. HAP payments will not be
retroactive upon reinstatement
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•
The THA may terminate the HAP contract after 60-day abated contract. The maximum
abatement will be 180 days, according to HUD regulation.
o However, if the owner completes corrections and notifies the THA before the
termination date of the HAP contract, the THA may rescind the termination notice if (1)
the family still resides in the unit and wishes to remain in the unit and (2) the unit passes
housing inspection.
During any abatement period the family continues to be responsible for its share of the rent. The owner
must not seek payment from the family for abated amounts and may not use the abatement as cause
for eviction.
If the owner is unable to gain access to the unit to make repairs due to the family’s lack of cooperation,
the owner enforces the lease and advises THA of the lease violation.
In the case of family caused deficiencies, the notice will inform the family that if corrections are not
made within the specified time frame (or any THA-approved extension, if applicable) the family’s
assistance will be terminated in accordance with THA policy.
8.9 Housing Inspection Certifications
Link: 24 CFR 982.404(a)(3); Notice PIH 2013-17
At THA’s sole discretion, THA will either complete a re-inspection or allow the owner to submit a
Certification of Work Completed Notice. If the owner is eligible to submit a Certification of Work
Completed Notice, the Certification must be submitted to THA within 28 calendar days of the failed
inspection, and may also contain the family’s signature, and documentation of the completed work must
be attached, i.e., receipts, pictures, etc. Units where verification of repair by self-certification and/or
photographs are used, may be subject to additional quality control inspections.
It is the owner’s responsibility to obtain the family’s signature on the Certification and to submit the
form to THA within 28 days of the date of the first inspection. In the event the owner is unable to
secure the family’s signature, the THA may contact the family to confirm that the deficiencies have been
corrected. The THA may also perform Quality Control inspections of the Owner Certified corrections
and, if corrections were not made, will abate the housing assistance payment back to the date following
the period deficiencies were required to be completed (the first of the month following 30 days after
the failed inspection).
THA may utilize a Certification of Work Completed Notice when the repairs required are minor. The
unit is not eligible for a Certification and must be re-inspected in the following circumstances:
•
The unit has numerous failed items
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The fail is an emergency, 24-hour repair item
•
The failed item(s) are of a serious or suspicious nature
•
Initial Inspection
8.10 Extensions
Link: 24 CFR 982.404
THA will not grant extensions for life-threatening conditions. For conditions that are not life-
threatening, the THA may grant an exception for correcting the failed item(s), if the THA determines that
an extension is appropriate. Extensions will be granted in cases where the THA has determined that the
owner has made a good faith effort to correct the deficiencies and is unable to for reasons beyond the
owner’s control. Reasons may include, but are not limited to:
•
A repair cannot be completed because required parts or services are not available.
•
A repair cannot be completed because of weather conditions.
•
A reasonable accommodation is needed because the family includes a person with disabilities.
The length of the extension will be determined on a case-by-case basis, but will not exceed 60 days,
except in the case of delays caused by weather conditions. In the case of weather conditions, extensions
may be continued until the weather has improved sufficiently to make repairs possible. The necessary
repairs must be made within 30 calendar days, once the weather conditions have subsided.
8.11 Family Responsibilities
Link: 24 CFR 982.551(d), 24 CFR 982.404(b)
The family is responsible for correcting inspection failures caused by:
•
Family-paid utilities not in service
•
Failure to provide or maintain family-supplied appliances
•
Damage to the unit or premises caused by a household member or guest beyond normal wear
and tear.
•
Infestation and damage to the unit caused by infestation due to housekeeping.
THA will terminate the family’s assistance if the family:
•
Fails to correct a violation within the period allowed by the THA (and any extensions);
•
Fails to allow the owner entry into the unit to complete repairs.
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8.12 Owner Responsibilities
Link: CFR 985.3(f)
The owner is responsible for all inspection violations not listed as a family responsibility above. In order
for a unit that has failed two consecutive inspections to be scheduled for a third inspection the owner
must provide THA with written certification that all deficiencies have been corrected. Only upon receipt
of this certification will additional inspections be scheduled.
8.12.1 Lead Safe Homes Rule
Link: HUD PIH Notice 2017-13
For Housing Choice Voucher (HCV) units, when a child under 6 is identified with an elevated blood lead
level (EBLL), the Owner is responsible for:
•
Initial notification of a confirmed case to HUD: If the owner becomes aware of the above, the
Owner must notify THA, who will collaborate with notification to the HUD field office and the
HUD Office of Lead Hazard Control and Healthy Homes of the case – that is, the child’s address –
within 5 business days.
•
Initial notification of the public health department, when necessary: When the Owner is notified
of the case by any medical health care professional other than the public health department,
the owner will notify THA, who will notify the public health department of the name and
address of the child within 5 business days.
•
Verification of the case, when necessary: When the Owner receives information from a person
who is not a medical health care provider that a case may have occurred, the owner should
immediately convey the information to THA so the THA may notify the public health
department, if THA has indicated, or indicates at this time, that it wishes to collaborate with the
owner on implementation of the rule, as described in PIH Notice 2017-13 and as follows.
o Control of lead-based paint hazards: Completing the reduction of lead-based paint
hazards in the index unit and common areas servicing that unit that were identified by
the environmental investigation conducted by the PHA within 30 calendar days, using a
certified lead-based paint abatement firm or certified lead renovation firm. Work will
include occupant protection, and clearance of the unit and common areas servicing that
unit by an independent certified risk assessor or a trained dust sampling technician
working under the risk assessor in accordance with section 35.1340.
o Notification to other residents: As already required by the LSHR, in a multiunit property,
the owner must notify all residents of lead evaluation and hazard control activities.
o Ongoing maintenance: Maintaining covered housing without deteriorated paint if there
is a child under 6 in the family in accordance with sections 35.1220 and 35.1355(a).
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8.13 Rent Reasonableness
Link: 24 CFR 982.507; 982.305(a); 982.505 9(c)(3)
At all times during the assisted tenancy, the rent to Owner may not exceed the reasonable rent
determined by THA. Rent reasonableness determinations may be completed by THA at any time and
will be completed:
•
At initial lease up
•
When an owner requests a rent increase
•
If the SAFMR is decreased by 10%
•
When directed by HUD
THA will determine and document on a case-by-case basis that the approved rent:
•
Is reasonable in comparison to rent for other comparable, unassisted units in the market, and
•
Does not exceed rents currently charged by the same owner for an equivalent assisted or
unassisted unit in the same building or complex.
8.13.1 Decreases in the Fair Market Rent
Link: PIH Notice 2018-01:
If HUD FMRs’ decrease, THA will allow families that are currently under a HAP contract to continue to
use the payment standard in effect as long as the family continues to receive voucher assistance in that
unit. However, if the family moves to a new unit the new or current payment standard will be applied to
the voucher.
8.13.2 Methodology
The THA contracts with a third-party provider to collect and maintain data on market rents in THA’s
jurisdiction for unit rent reasonableness. Information sources may include newspapers, Internet,
realtors, market surveys, inquiries of owners, owner information listed on the RFTA, and other available
sources. The data is maintained by bedroom size and market areas. Market areas may be defined by zip
codes, census tract, neighborhood, and identifiable natural or man-made boundaries. The data is
updated on an ongoing basis.
The rent for a unit proposed for HCV assistance will be compared to the rent charged for comparable
unassisted units in the same market area. Because units may be similar, but not exactly like the unit
proposed for HCV assistance, THA utilizes a simplified rent reasonableness system that compares similar
units and includes and considers the HUD factors. Information is gathered on unassisted rental units in
the THA market area, and each unit is rated using the THA’s rent reasonableness system. Using an
automated method, the average rents are identified for units of like size and type within the same
market area. Attempts will be made to localize the unit within a small jurisdiction (under a mile radius).
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The average will be adjusted up or down based on the estimated dollar value of the comparable items in
comparison with the total database.
•
The adjustment will reflect the local market. Not all differences in units require adjustments
(e.g., the presence or absence of garbage disposal may not affect the rent in some market
areas).
•
Adjustments may vary by unit type (e.g., a second bathroom may be more valuable in a three-
bedroom unit than in a two-bedroom).
•
The adjustment will reflect the rental value of the difference.
•
When a comparable project offers rent concessions (e.g., first month rent-free, or reduced rent)
reported monthly rents will be adjusted accordingly. For example, if a comparable project
reports rents of $500/month but new participants receive the first month's rent free, the actual
rent for the unit would be calculated as follows: $500 x 11 months = 5500/12 months = actual
monthly rent of $488.
The THA will notify the owner of the unit’s rent reasonableness amount. The owner may submit
information about other comparable units in the market area within 5 calendar days of THA’s
notification. The THA will confirm the accuracy of the information provided and consider this additional
information when making final rent reasonable determinations.
By signing the HAP contract and accepting each monthly HAP payment, the owner certifies that the rent
to owner is not more than rent charged by the owner for comparable unassisted units in the premises.
THA will not consider rent increase requests until after the initial occupancy period and only if the unit is
not in failed inspection status.
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CHAPTER 9: Housing Assistance Payment Contract
Link: Form HUD 52641-a
THA makes every effort to execute the HAP contract with the owner as quickly as possible on or after
the unit passes inspection and all required documents have been submitted. Required documents
include:
•
Executed lease between the owner and the participant
•
Ownership and tax documents stated in the RFTA section of this Plan
9.1 HAP Payments
Link: 24 CFR 982.451(a)(5)
Once the HAP Contract is executed, THA will process housing assistance payments to the owner. The
HAP contract is not effective until the unit has passed housing inspection (HQS/NSPIRE). THA is not
responsible for any part of the rent prior to the date the unit passes inspection, and the lease /HAP
Term has commenced.
THA will make Housing Assistance Payments to the owner in accordance with the HAP Contract, as long
as the family continues to occupy the unit and the contract is not in violation. By accepting the monthly
HAP payment, the owner certifies that: the family still resides in the unit, the owner is in compliance
with the contract, the unit is compliant with housing inspection standards (HQS/NSPIRE), and that the
rent to the owner is not more than the rent charged by the owner for comparable unassisted units.
The Housing Assistance Payment to the owner may never exceed the rent charged by the owner, and is
the lower of the:
•
Payment Standard minus the Total Participant Payment, or
•
Gross rent minus the Total Participant Payment.
Late payment of HAP to the owner is subject to the late fees specified in the owner’s lease. THA is not
responsible for payment of late fees caused by:
•
The participant’s late payment of rent
•
Late HUD fund transfer
•
HAP payments on hold (housing inspection related, etc.)
•
Any other HUD allowed reason and circumstances beyond THA control.
Owner payments will be placed on hold if:
•
The unit fails housing inspection standards (HQS/NSPIRE)
•
Ownership of the unit has changed
•
Unit ownership is in question
•
Any other reason THA determines that the HAP contract may have been breached
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9.2 Owner Rent Increases
Link: 24 CFR 982.308(g)(4); 982.309(a)(3)
After the initial lease period, the owner may request a rent increase according to the terms in the lease.
All rent increases must be submitted in writing to THA by the owner, along with a copy of the rent
increase notice to the participant. The owner must provide 60 days advance notice to the participant
and the rent increase must be requested on the THA Rent Increase Form.
If approved, the rent adjustment will be effective the first day of month on or after the contract
anniversary date or 60 days following receipt of the owner request on the first of that month, whichever
is later. If the rent is not reasonable and the owner is unwilling to negotiate an approvable rent amount,
the participant will be issued a voucher to move and the HAP contract will be terminated.
THA may, due to HUD funding constraints, limit and/or suspend rent increases.
9.3 Unit Ownership Changes
THA must receive a written request by the initial owner in order to change the HAP Contract payee
and/or the address to which payment is to be sent. THA will process a change of ownership provided
the following documents are received from the new owner:
•
Proof of ownership, i.e. copy of escrow statement, deed of trust, or other document showing
the transfer of title.
•
Completed W9 with Social Security or Employee Identification Number
•
In cases where the owner has elected to utilize the services of a property management company
or has otherwise designated an agent to act on their behalf, THA may request a copy of the
management or agent agreement, a statement from the owner identifying the individual/s
authorized to execute HAP Contracts on their behalf in addition to proof of ownership
documentation.
•
Owners are required to provide a Tax Identification Number (TIN) or a Social Security Number
that matches their banking information. THA will not enter into a contract where the owner is
unable to establish a TIN/SSN that matches names or entities identified on ownership.
•
Owner Certification
•
The effective date of the HAP contract assignment;
•
A written agreement to comply with the terms of the HAP contract; and
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•
A certification that the new owner is not a prohibited relative.
•
When a change in ownership occurs, the new owner legally assumes the current lease and the
current HAP contract. At THA’s or the new owner’s request a new HAP contract may be
executed, however the lease terms remain the same and new HAP term matches the existing
lease.
9.4 HAP Contract Terminations
Link: 24 CFR 982.311(b)
All terminations of a HAP contract initiated by THA will be sent in writing to the owner and family.
Automatic termination of HAP payments result when:
•
A family vacates the unit either in violation of the lease or by mutual agreement with the owner
before termination of the lease/contact
•
The lease is terminated by the owner or the family
•
The owner will not renew the HAP contract or extend the current lease
•
The sole participant dies
•
There has been no HAP for 180 calendar days
•
THA terminates assistance for the family
•
Housing inspection standard (HQS/NSPIRE) space requirements are not met or the unit failed
inspection standards and has not been repaired in the required timeframe
•
Owner violations of the HAP contract
•
Family obligation violations
THA may terminate the HAP contract when HUD funding is insufficient.
No future subsidy payments on behalf of the family will be made by THA to the owner after the month
in which the Contract is terminated. The owner must reimburse THA for any subsidies paid by THA for
any period after the contract termination date.
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.
The owner may terminate the lease at the end of the lease term or at any time for lease violations. The
owner must use the termination proceedings as prescribed in the lease and contract; the owner can:
•
Institute court action, using the grounds for eviction cited in the lease;
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Try to obtain a mutual rescission of the lease with the participant. The mutual rescission must
be signed by both parties and indicate the reason for the rescission.
•
Issue proper notice not to renew the Lease Agreement.
If the owner has begun eviction and the family continues to reside in the unit, THA 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 family. HAP payment will stop the first of the month following
the legal eviction or the date the family moves from the unit whichever is earlier.
If an eviction is due to other than lease violations and if THA has no other grounds for the family’s
termination of assistance, and if the family is eligible to move; THA may issue a new voucher to the
family.
The owner may not terminate tenancy for the THA’s failure to pay the housing assistance payment.
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CHAPTER 10: Verifications
The family must supply any information that THA or HUD determines necessary to the administration of
the program and must consent to the THA verification of that information. All adult applicants and
participant family members turning 18 years old or being added to the household must sign the HUD-
9886-A, Authorization for Release of Information. Adult family members must sign other consent forms
as needed to collect information relevant to the family’s eligibility and level of assistance. Failure to sign
consent forms will result in denial of admission or termination from the program. In the event that the
family later revokes consent to collect information, the family will be terminated. The family will be
informed of the denial or termination in accordance with THA policies, and will be provided with
information on requesting an informal hearing.
10.1 Methods of Verification
Link: Notice PIH 2018-18,
THA uses HUD’s hierarchy of verifications, in the following order:
•
Up-front Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) system
•
Up-front Income Verification (UIV) using a non-HUD system
•
Written Third Party Verification provided by applicant or family
•
Written Third-party Verification Form
•
Oral Third-party Verification
•
Self-Certification
10.1.1 EIV Verification Process
Link: 24 CFR 5.233; PIH Notice 2018-28
The THA uses HUD’s Enterprise Income Verification (EIV) system to verify participant employment,
earned income, unemployment benefits, and social security (SS), and supplement security income (SS)
benefits information at annual re-certifications. The THA will also use HUD’s EIV system to monitor
potential duplicate subsidies, deceased individuals, household member identity, under and non-
reported income, and immigration status.
Effective upon the THA HOTMA compliance date, the THA is not required to review EIV no longer
required to use EIV to verify tenant employment and income information during an interim
reexamination of family composition and income. The THA may choose to review EIV at interim
reexamination if the THA has reason to believe the report would be useful to identify income or a
discrepancy in the amounts reported by the family.
The THA will inform all applicants and participants of its use of the following UIV resources during the
admission and reexamination process: HUD’s EIV system.
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10.1.2 Requirements for Non-EIV Verifications
The THA’s requirements for non-EIV verifications provided by the applicant or participant are:
•
Any third party documents supplied by the applicant or participant used for verification must be
original or authentic documents and must be dated within 60 days of the request date. The
documents must not be damaged, altered or in any way illegible.
o The THA may accept documents dated up to 6 months before the effective date of the
family's reexamination if the document represents the most recent scheduled report
from a source.
•
Print-outs from web pages are considered acceptable documents.
•
Income tax returns with corresponding official tax forms and schedules attached and including
third-party receipt of transmission for income tax return filed (i.e., tax preparer’s transmittal
receipt, summary of transmittal from online source, etc.) are an acceptable form of written,
third-party verification.
10.1.3 Third Party Written Verifications
Third-party verification forms will be sent when third-party verification documents are unavailable or
are rejected by the THA and will be sent directly to the third party.
The THA also determines that third-party verification is not available when there is a service charge for
verifying an asset or expense and the family has original documents that provide the necessary
information.
10.1.4 Third Party Oral Verifications
THA staff will record in the family’s file the name and title of the person contacted, the date and time of
the conversation (or attempt), the telephone number used, and the facts provided.
10.1.5 Family Self-Certifications
Link: Notice HUD PIH Notice 2018-18
The documents in the application packet and annual re-certification packet serve as the family’s self-
certifications. When the THA is unable to obtain third-party verification, the THA will document in the
family file the reason that third-party verification was not available. When information cannot be
verified by a third party or by review of documents, family members will be required to submit self-
certifications attesting to the accuracy of the information they have provided to the THA.
The THA may accept a self-certification from a family as verification of:
•
Assets disposed of for less than fair market value and will accept self-certification of ownership
in real property.
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•
Net family assets greater than $50,000 (effective upon THA HOTMA Compliance Date)
•
Social Security Number when accompanied by a supporting third party document such as a bank
statement (effective upon THA HOTMA Compliance Date)
•
Ownership in real property (effective upon THA HOTMA Compliance Date)
Additionally, and without regard to the THA HOTMA Compliance Date, for families participating in the
VASH program, THA will accept self-certification of :
o Assets under $50,000
o Zero Income
o SSN if accompanied by additional third-party documentation, such as a bank account or
utility bill or cell phone bill.
10.2 Eligibility Verifications
The following information will be verified to determine qualification for admission and continued
eligibility to THA's housing:
•
Household composition, demographics and type (Elderly/Disabled/Non-elderly)
•
Annual Income
•
Assets and Asset Income (no less often than every third year)
•
Deductions from Income
•
Social Security Numbers of all household members
o Pending disclosure of social security numbers, the THA will allow the family to retain its
place on the waiting list for 90 days. If not all household members have disclosed their
SSNs at the next time a voucher becomes available, the THA will offer a voucher to the
next eligible applicant family on the waiting list.
o Citizens and lawfully present noncitizens who state that they have not been assigned an
SSN by the SSA will make such declaration in writing and under penalties of perjury to
THA.
o Once an individual’s status is classified as “verified” in HUD’s EIV system, the THA may
remove and destroy copies of documentation accepted as evidence of social security
numbers.
•
Applicant Criminal History Information
•
Citizenship or eligible immigration status
10.3 Legal Identity Verification
The THA will require families to furnish verification of legal identity for each household member. A
photo ID is required for each adult family member. Legal identity will be verified at application and on
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an as needed basis. Only the following identify documents are acceptable, in addition to the photo ID
for each adult:
•
Adults: Birth Certificate and Drivers License or Passport
•
Children: Birth Certificate, Adoption Papers, Court Award documents, Social Service Agency
Award documents, school enrollment documentation
10.3.1 Marriage Verification
A marriage certificate is required to verify that a couple is married. In the case of a common law
marriage, the couple must demonstrate that they hold themselves to be married (filing joint income tax
returns, joint bank statements, etc.).
10.3.2 Separation or Divorce Verification
A certified copy of a divorce decree, signed by a court officer, is required to document that a couple is
divorced.
A copy of a court-ordered maintenance or other court record is required to document a separation.
If no court document is available, documentation from a community-based agency will be accepted.
10.3.3 Adult Member Absence Verification
If an adult member who was formerly a member of the household is reported to be permanently
absent, the family must provide evidence to support that the person is no longer a member of the family
(e.g., lease at another address or utility bill).
10.3.4 Foster Children and Foster Adults Verification
Third-party verification from the state or local government agency responsible for the placement of the
individual with the family is required.
10.4.5 Student Status Verification
The THA requires families to provide information about the student status of all students who are 18
years of age or older. This information will be verified only if:
•
The family claims full-time student status for an adult other than the head, spouse, or co-head;
or
•
The family claims a childcare deduction to enable a family member to further his or her
education; or
•
The family includes a student enrolled in an institution of higher education.
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In the event that the family fails to provide verification within the time requested by THA, the THA will
remove the status of Full Time Student and will proceed with the re-examination of less associated
deductions from annual income.
10.3.6 Student Head of Households
Link: Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices
THA may provide housing assistance to Independent Student Head of Households who are defined by
meeting one of the following characteristics:
•
The individual is 24 years of age or older
•
The individual is an orphan, in foster care, or a ward of the court or was an orphan, in foster
care, or a ward of the court at any time when the individual was 13 years of age of older
•
The individual is, or was immediately prior to attaining the age of majority, an emancipated
minor or in legal guardianship as determined by a court of competent jurisdiction in the
individual’s State of legal residence
•
The individual is a veteran of the Armed Forces of the United States (as defined in subsection
(c)(1) of HEA) or is currently serving on active duty in the Armed Forces for other than training
purposes
•
The individual is a graduate or professional student
•
The individual is a married individual
THA will verify the Student Head of Household using the following:
•
Previous address information to determine evidence of a separate household, or verifying the
student meets the U.S. Department of Education’s definition of ‘‘independent student’’
•
Reviewing a student’s prior year income tax returns to verify the student is independent or
verifying the student meets the U.S. Department of Education’s definition of ‘‘independent
student’’
•
Written certification from the individual providing the support. Certification is also required if
the parent is providing no support to the student. Financial assistance that is provided by
persons not living in the unit is part of annual income. (Except if the student meets the
Department of Education’s definition of ‘‘independent student
10.3.7 Disabled Status Verification
For family members claiming disability who receive disability payments from the SSA, the THA will use
HUD’s EIV system to verify the disability. If documentation from HUD’s EIV System is not available, the
THA will request a current (dated within the last 60 days) SSA benefit verification letter from each family
member claiming disability status. If the family is unable to provide the document(s), the THA will ask
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the family to request a benefit verification letter by either calling the SSA at 1-800-772-1213, or by
requesting it from www.ssa.gov.
For family members claiming disability who do not receive SSI or other disability payments from the SSA,
a knowledgeable professional must provide third-party verification that the family member meets the
HUD definition of disability.
10.3.8 US Citizens and Nationals
Family members who claim US citizenship or national status will be required to provide additional
documentation such as a birth certificate.
10.4 Verification of Income
Link: Link: 24 CFR 960.259, 982.516
10.4.1 Wage Verification
Prior Year Wage Income
Effective upon the THA HOTMA compliance date, the EIV Income Report may be used to verify and
calculate income if the family self-certifies that the amount is accurate and representative of current
income. The family must be provided with the information from EIV.
The THA requires a minimum of two current and consecutive pay stubs for determining annual income
from wages when the THA is not able to use EIV + Self-Certification or the income type is not reported in
EIV.
Current Wage Verification
The THA requires 2 consecutive paystubs the last 60 days for determining annual income from wages. If
paystubs are not available, the THA will accept an authentic document on employer letter head that
states wages for the previous 60 days, or an employer payroll print out.
10.4.2 Tip Income Verification
Unless tip income is included in a family member’s W-2 by the employer or in the paycheck receipt,
persons who work in industries where tips are standard will be required to sign a certification of tips
received for the prior year and estimated tips anticipated to be received in the coming year.
10.4.3 Bonus Income Verification
For persons who regularly receive bonuses or commissions, the THA will verify and then average
amounts received for one year preceding admission or re-certification. The THA will consider
justification for not using this history to anticipate future bonuses or commissions. If a new employee
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has not yet received any bonuses or commissions, the THA will count only the amount estimated by the
employer.
10.4.4 Business and Self Employment Income Verification
Business owners and self-employed persons will be required to provide:
•
An audited financial statement for the previous fiscal year if an audit was conducted. If an audit
was not conducted, a statement of income and expenses must be submitted, and the business
owner or self-employed person must certify to its accuracy.
•
All schedules are completed for filing federal and local taxes in the preceding year. 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.
•
The THA will provide a format for any person who is unable to provide such a statement to
record income and expenses for the coming year. The business owner/self-employed person will
be required to submit the information requested and to certify its accuracy at all future
reexaminations.
•
At any re-certification the THA may request documents that support submitted financial
statements such as manifests, appointment books, cash books, or bank statements.
•
If a family member has been self-employed for less than three months, the THA will accept the
family member's certified estimate of income and schedule an interim reexamination in three
months.
•
If the family member has been self-employed for three to twelve months, the THA will require
the family to provide documentation of income and expenses for this period and use that
information to project income.
10.4.5 Social Security and SSI Benefits Verification
To verify the SS/SSI benefits of participants, the THA will obtain information about social security/SSI
benefits through HUD’s EIV system. If the family disputes the EIV-reported benefit amount, or if benefit
information is not available in HUD systems, the THA will request a current SSA benefit verification letter
from each family member that receives social security benefits.
If a family member is unable to provide the document, the THA will help the family request a benefit
verification letter from SSA’s Web site at www.socialsecurity.gov or ask the family to request one by
calling SSA at 1-800-772-1213. Once the family has received the benefit verification letter, it will be
required to provide the letter to the THA.
10.4.6 Alimony and Child Support Verification
THA verifies alimony and child support differently depending on whether the family declares that it
receives regular payments. If the family declares that it receives regular payments, verification will be
sought in the following order.
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•
If payments are made through a state or local entity, THA will request copy of the receipts
and/or payment stubs for the previous 60 days and request that the entity disclose any known
information about the likelihood of future payments.
•
Copy of the latest check and/or payment stubs over the last 60 days.
•
Copy of a separation or settlement agreement or a divorce decree stating amount and type of
support and payment schedules.
•
Third-party verification form from the person paying the support
•
Family's self-certification of amount received and of the likelihood of support payments being
received in the future, or that support payments are not being received
If the family declares that it receives irregular or no payments, in addition to the verification process
listed above, the family may be requested to provide evidence that it has taken all reasonable efforts to
collect amounts due. This may include:
•
A statement from any agency responsible for enforcing payment that shows the family has
requested enforcement and is cooperating with all enforcement efforts
•
If the family has made independent efforts at collection, a written statement from the attorney
or other collection entity that has assisted the family in these efforts
10.4.7 Zero Income Verification
The THA will check EIV to determine zero income. THA will require all adult family members
to complete a Zero Income Form and Expenses Form.
The THA may accept self-certification of Zero Income from VASH program participants.
10.4.8 Student Financial Assistance
Link: 24 CFR 5.609(b)(9)
For a student subject to having a portion of his/her student financial assistance included in annual
income, the THA will request written third-party verification of both the source and the amount.
Documents requested include:
•
Family provided documents from the educational institution attended by the student
•
Documents generated by any other person or entity providing such assistance, as reported by
the student
•
Written verification of the student’s tuition amount
10.4.8.1 Verification of Parental Income of Students Subject to Eligibility Restrictions
If the THA is required to determine the income eligibility of a student’s parents, the THA will request an
income declaration and certification of income from the appropriate parent(s). The THA will send the
request directly to the parents, who will be required to certify to their income under penalty of perjury.
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The parents will be required to submit the information directly to the THA. The required information
must be postmarked within 120 calendar days of the date of the THA request or within any extended
timeframe approved by the THA.
The THA reserves the right to request and review supporting documentation at any time if it questions
the declaration or certification. Supporting documentation may include but is not limited to Internal
Revenue Service tax returns, consecutive and original pay stubs, bank statements, pension benefit
statements, benefit award letters and other official and authentic documents from a federal, state, or
local agency.
10.4.9 Verification of Non-recurring Income and Income From Other Sources
The THA may review bank statements, payroll documents or other third party documentation of family
income and, in so doing, identify potential existence of other sources of income (such as sporadic or
recurring payments, additional accounts, etc.). In such an event, the THA will request additional
documentation and provide the family an opportunity to clarify and/or update income information
reported to the THA. Such documentation must be returned to the THA within the requested time in
the notice to the family. Failure to report income is a violation of tenant obligations and may lead to
termination/denial of assistance.
10.5 Verification of Assets
Link: 24 CFR 960.259, 982.516, Notice PIH 2016-05;
The THA may accept the family’s declaration that it has net assets equal to or less than $5,000 (following
the THA HOTMA compliance date, HUD will establish this amount annually), without taking additional
steps to verify the accuracy of the declaration. This declaration will also request the family to certify
their ownership interest in real property. The declaration must state the amount of income the
family expects to receive from such assets.
The THA will obtain third-party verification of assets at eligibility determination and every three years
thereafter unless otherwise specified by HUD.
10.5.1 Assets Disposed of for Less Than Fair Market Value Verification
THA accepts the family’s self-certification of whether any assets have been disposed of for less than fair
market value in the past two years. The THA needs to verify only those certifications that warrant
documentation. The THA will verify the value of assets disposed of only if:
•
The THA does not already have a reasonable estimation of its value from previously collected
information, or
•
The amount reported by the family in the certification appears obviously in error.
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10.5.2 Income from Rental Verification
The family must provide:
•
A current executed lease for the property that shows the rental amount or certification from the
current family
•
A self-certification from the family members engaged in the rental of property providing an
estimate of expenses for the coming year and the most recent IRS Form 1040 with Schedule E
(Rental Income). If schedule E was not prepared, the THA will require the family members
involved in the rental of property to provide a self-certification of income and expenses for the
previous year and may request documentation to support the statement including: tax
statements, insurance invoices, bills for reasonable maintenance and utilities, and bank
statements or amortization schedules showing monthly interest expense.
10.6 Verification of Expenses
10.6.1 Medical Expenses
Medical expenses will be verified by written third-party documents provided by the family, such as
pharmacy printouts or receipts. The THA will make a best effort to determine what expenses from the
past are likely to continue to occur in the future. The THA will also accept evidence of monthly
payments or total payments that will be due for medical expenses during the upcoming 12 months.
THA will also accept written third-party verification forms. The family will be required to certify that the
medical expenses are not paid or reimbursed to the family from any source.
When anticipated costs are related to on-going payment of medical bills incurred in past years, the THA
will verify:
•
The anticipated repayment schedule
•
The amounts paid in the past, and
•
Whether the amounts to be repaid have been deducted from the family’s annual income in past
years
10.6.2 Attendant Care and Auxiliary Apparatus Expenses
Expenses for attendant care will be verified through:
•
Written third-party documents provided by the family, such as receipts or cancelled checks.
•
Third-party verification form signed by the provider if family-provided documents are not
available.
Expenses for auxiliary apparatus will be verified through:
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•
Written third-party documents provided by the family, such as billing statements for purchase of
auxiliary apparatus, or other evidence of monthly payments or total payments that will be due
for the apparatus during the upcoming 12 months.
•
Third-party verification form signed by the provider, if family-provided documents are not
available.
The family will be required to certify that attendant care or auxiliary apparatus expenses are not paid by
or reimbursed to the family from any source.
To verify the family member enabled to work, the THA will verify that the expenses claimed enable a
family member, or members, (including the person with disabilities) to work. THA will request third-
party verification from a rehabilitation agency or knowledgeable medical professional indicating that the
person with disabilities requires attendant care or an auxiliary apparatus to be employed, or that the
attendant care or auxiliary apparatus enables another family member(s) to work. To be eligible for the
disability expenses deduction, the costs must not be reimbursed by another source.
10.6.3 Childcare Expense Verification
The family is required to certify that the childcare expenses are not paid by or reimbursed to the family
from any source. The THA will verify that the family member(s) that the family has identified as being
enabled to seek work, pursue education, or be gainfully employed, are actually pursuing those activities.
If a family member is seeking work, THA will use documentation from a state or local agency that
monitors work-related requirements (e.g., welfare or unemployment) or the THA will request family-
provided verification from the agency of the member’s job seeking efforts to date and require the family
to submit to the THA any reports provided to that agency.
In the event third-party verification is not available, the THA will provide the family with a form on which
the family member must record job search efforts. The THA will review this information at each
subsequent re-certification for which this deduction is claimed.
If the family member is furthering education, the THA will request third-party documentation to verify
that the person permitted to further his or her education by childcare is enrolled and provide
information about the timing of classes for which the person is registered. The documentation may be
provided by the family.
The THA will seek third-party verification of the work schedule of the person who is permitted to work
by the childcare. In cases in which two or more family members could be permitted to work, the work
schedules for all relevant family members may be verified. The documentation may be provided by the
family.
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The type of care to be provided is determined by the family but must fall within certain guidelines.
•
The THA will verify that the type of childcare selected by the family is allowable.
•
The THA will verify that the fees paid to the childcare provider cover only childcare costs (e.g.,
no housekeeping services or personal services) and are paid only for the care of an eligible child
(e.g., prorate costs if some of the care is provided for ineligible family members).
•
The THA will verify that the childcare provider is not an assisted family member. Verification will
be made through the head of household’s declaration of family members who are expected to
reside in the unit.
•
The actual costs the family incurs will be compared with the THA’s established standards of
reasonableness for the type of care in the locality to ensure that the costs are reasonable.
If the family presents a justification for costs that exceed typical costs in the area, the THA will request
additional documentation to support a determination that the higher cost is appropriate.
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CHAPTER 11: ONGOING PROGRAM OPERATIONS
11.1 Compliance with THA Requested Information and Appointments
The THA is responsible for collecting and verifying information provided by the family to determine
initial and ongoing eligibility for the Housing Choice Voucher (HCV) Program, in accordance with federal
regulations, U.S. Department of Housing and Urban Development (HUD) guidance, and THA policy.
Families are obligated to comply with all THA requests for information, including attendance at THA-
required meetings, within the timeframes specified.
The THA will provide families with up to two written notifications requesting required information and
will schedule no more than two meetings to obtain such information. Failure to respond to these
requests or attend scheduled meetings may result in termination of assistance from the HCV Program.
Exceptions to this policy will be granted when necessary as a reasonable accommodation for a person
with a disability or when circumstances fall under the protections of the Violence Against Women Act
(VAWA).
11.2 Annual Re-Certifications
Links:24 CFR 982.516; 24 CFR 5.612
THA will conduct a re-certification of income and family composition annually by mail, in-person, or
electronically. The THA will begin the annual re-certification process approximately 120 days in advance
of the scheduled effective date. If the family size changes, THA will increase or decrease the voucher
size as appropriate at the annual re-certification (or move to a new unit if occurring sooner). The annual
recertification will be effective on the first of the month.
If any documents are missing from the file (social security cards, birth certificates, citizen declaration
forms, etc.) the family is required to provide the documents upon request at annual re-certification,
interim certification, or at any time requested by THA.
The annual re-certification will not re-verify eligibility income limits except where the Head of
Household is a full-time student.
THA may follow up by telephone, email and/or require in-person appointments with participants, as
needed to request additional information, seek clarification, review reexamination documents, and/or
conduct quality control.
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Participants will be provided with up to two opportunities to complete the re-examination requirements
within the prescribed timeframes. People with disabilities who require assistance completing required
documents will be granted reasonable accommodation to complete documents within prescribed
timeframes. The THA will provide the participant with no more than two requests for documentation
(the initial request and one follow-up request). If the family fails to provide verification of student
status, medical expenses, or childcare expenses the THA will not include these deductions in the
determination of adjusted annual income. If all required documents and information are not submitted
to THA within the timeframe specified, the voucher may be terminated effective on the family’s
reexamination effective date for the family’s failure to comply with their family obligations.
11.2.1 Streamlined Income Determinations
Link: Notice PIH 2016-05
For any family member with a fixed source of income, the THA may determine that family member’s
income using a streamlined income determination by applying, for each fixed-income source, the
verified cost of living adjustment (COLA) or current rate of interest to the previously verified or adjusted
income amount.
A family member with a fixed source of income is a family member whose income includes periodic
payments at reasonably predictable levels from one or more of the following sources: Social Security,
Supplemental Security Income, Supplemental Disability Insurance; federal, state, local, or private
pension plans; annuities or other retirement benefit programs, insurance policies, disability or death
benefits, or other similar types of periodic receipts; or any other source of income subject to adjustment
by a verifiable COLA or current rate of interest.
THA will use a COLA or current rate of interest specific to the fixed source of income in order to adjust
the income amount and will verify the COLA or current interest rate from a public source or through
tenant-provided, third party–generated documentation. If no such verification is available, then the THA
will obtain third-party verification of income amounts in order to calculate the change in income for the
source.
For any family member whose income is determined by a streamlined income determination, the THA
will obtain third-party verification of all income amounts every 3 years.
11.2.2 Safe Harbor Income Determination
For the purposes of determining income eligibility and annual re-examinations, the THA may determine
a family’s annual income, including income from assets, prior to the application of any deductions based
on income determinations made within the previous 12-month period, using income determinations
from the following types of means-tested federal public assistance programs:
•
The Temporary Assistance for Needy Families block grant (42 U.S.C. 601, et seq.).
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•
Medicaid (42 U.S.C. 1396 et seq.).
•
The Supplemental Nutrition Assistance Program (42 U.S.C. 2011 et seq.).
•
The Earned Income Tax Credit (26 U.S.C. 32).
•
The Low Income Housing Tax Credit (26 U.S.C. 42).
•
The Special Supplemental Nutrition Program for Woman, Infants, and Children (42 U.S.C. 1786).
•
Supplemental Security Income (42 U.S.C. 1381 et seq.).
•
Other programs administered by the Secretary.
•
Other means-tested forms of federal public assistance for which HUD has established a
memorandum of understanding.
•
Other federal benefit determinations made by other means-tested federal programs that the
Secretary determines to have comparable reliability and announces through a Federal Register
notice.
In the event that the family presents the THA with multiple income determinations either from one or
more of the above listed programs, the THA will use the most recent income determination to establish
the annual income prior to deduction/allowances.
11.3 Interim Reexaminations
Link: 24 CFR 960.257, 966.4
The family must report changes in income expected to last more than thirty days and/or household
composition to THA within 10 business days of the change.
11.3.1 Changes to Household Composition
The family must inform the THA of an addition of a family member as a result of birth, adoption, or
court-awarded custody of a child or the removal of a family member from the household within 10
business days.
Upon approval of the THA, a participant family may add additional adult family member(s) to the
household under the following circumstances:
•
A new or returning family member:
o spouse/domestic partnership,
o Dependent child, other child with guardianship via court documents
•
A foster child/adult if the size of the voucher does not change and with Landlord approval
•
As reasonable accommodation to provide care to a family member not currently on the voucher
•
Members of the family removed from the voucher as a means to address violation of family
obligations will not be returned to the voucher unless as reasonable accommodation or after
informal review the THA
•
Such members must be eligible for participation in the Housing Choice Voucher Program
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•
Such members have supplied documentation of social security Number prior to moving in. If the
member is a child six or under, the household has 90 days after move-in to submit the
documentation.
A criminal background check and credit history review is required for all requests to add adult household
members or live-in aids to the household. THA’s prior approval of additions to the household is required.
The THA will not approve the addition of other family members or household member unless the
individual meets the THA’s eligibility criteria and documentation requirements. The THA will not
approve the addition if it will cause a violation of space standards.
If THA approves the addition of the family member and the owner does not, the family will need to
move from the current unit following all THA and HUD move requirements.
11.3.2 Interim Changes Affecting Income or Expenses
Families are required to report changes in household income within 10 business days of the change.
•
THA will verify all changes in household income at the time the family reports a loss of income.
•
A family must report an increase in income/assets that occurs during the recertification period
(within 120 days of the effective anniversary date, if the increase occurs after the family has
completed the recertification packet and was not included).
Failure to adhere to the reporting requirements for change of income, for the determination of eligibility
and for the redetermination of on-going eligibility is a violation of the family obligations may result in
termination of the voucher.
11.3.3 THA-Initiated Interim Re-certifications
The THA will conduct interim re-certifications in each of the following instances:
•
For families receiving the Earned Income Disallowance (EID), the THA will conduct an interim
reexamination at the start and conclusion of the 24-month eligibility period.
•
If at the time of the annual reexamination, tenant declarations were used due to the lack of
third-party verification, and third-party verification becomes available, the THA will conduct an
interim reexamination.
•
Effective upon the THA HOTMA compliance date, the THA will conduct an interim when the
family has an increase (either by a single event or cumulative events) in unearned income that is
10% or more than the annual adjusted income.
o Effective upon the THA HOTMA compliance date, the THA will conduct an interim when
the family has an increase in earned income, either by a single event or cumulative
events, that is greater than 10% when following an interim for a loss of income in the
same recertification period.
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•
The THA will conduct an interim for the loss of income at any level when the income is less than
the amount used to calculate the family rent portion.
•
The THA will conduct an interim for the loss of income or upon the removal of a family member
with income regardless of the percentage of loss to total family income.
•
The THA may conduct an interim reexamination at any time to correct an error in a previous
reexamination, or to investigate a tenant fraud complaint.
11.3.4 Interim Re-certification Effective Dates
If the family rent is to increase:
•
The increase generally will be effective on the first of the month following 30 days’ notice to the
family.
•
If a family fails to report a change within the required time frames or fails to provide all required
information within the required time frames, the increase will be applied retroactively to the
date it would have been effective had the information been provided on a timely basis. The
family will be responsible for any underpaid rent and may be offered a repayment agreement.
If the family rent is to decrease:
•
Effective upon the THA HOTMA compliance date, if the tenant has complied with the interim
reporting requirement and the tenant’s rent is anticipated to decrease, rent decreases will be
effective on the first day of the month after the date of the actual change leading to the interim
reexamination of family income. This means the decrease will be applied retroactively.
o Prior to the THA HOTMA compliance date, the effective date for a change of income
that is expected to reduce rent will be the first of the month following the reporting of
the change.
•
THA may apply rent decreases retroactively for circumstances in which families fail to report
changes in a timely manner in the event of verified circumstances beyond the control of the
family (example: hospitalization). A retroactive rent decrease may not be applied prior to the
later of either the first of the month following the date of the actual decrease in income, or the
first of the month following the most recent previous income examination.
11.4 Family Moves
Link: 24 CFR 982.1(b)(2)
A family may request to move to a new unit if:
•
The initial term of the lease has expired, and proper notice has been given to the landlord and to the
THA.
•
The lease for the family’s unit has been terminated by mutual agreement of the owner and the
family. The family must use the THA mutual termination agreement form.
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•
For non-lease violations only: the owner has given the family a notice to vacate, has commenced
an action to evict the family, or has obtained a court judgment or other process allowing the
owner to evict the family. The family must give the THA a copy of any owner eviction notice and
eviction for lease violation may result in termination from the program.
•
The family or a member of the family is or has been the victim of domestic violence, dating
violence, sexual assault, or stalking and the move is needed to protect the health or safety of
the family or family member. This condition applies even when the family has moved out of its
unit in violation of the lease, with or without prior notification to the THA, if the family or family
member who is the victim reasonably believed that he or she was imminently threatened by
harm from further violence if he or she remained in the unit.
•
The THA has terminated the assisted lease for the family’s unit for the owner’s breach of the
HAP contract.
•
The THA determines that the family’s current unit does not meet the inspection space standards
because of an increase in family size or a change in family composition.
•
The family is in good standing with THA.
•
The family does not owe THA money.
Families are not permitted to move in the first term of the lease or while in any subsequent lease term
unless the owner and family mutually agree to do so. Families will not be permitted to move more than
once in a 12-month period unless required to do so by THA to meet inspection requirements or other
program objectives, to protect the health or safety, or in the case of an emergency.
Situations such as witness protection program, victim of violent crime, medical necessity, employment
necessity, and landlord caused failed inspection, may necessitate a move in the first term of the lease, or
in the term of a subsequent lease. The circumstances must be documented in writing and approved by
THA. The owner and family must agree in writing to a mutual rescission of the lease in order for THA to
approve a move during the lease term. If the owner refuses to a mutual rescission, the family will not be
allowed to move unless THA otherwise determines VAWA or other health and safety provisions prevail.
11.4.1 Move due to Owner Responsible Inspection Deficiencies
In the event the family must move as a result of the Owner failing to correct owner responsible unit
deficiencies within the correction period, THA will issue the family a voucher no less than 30 days prior
to the HAP contract termination.
THA will assist families with disabilities in locating available accessible units. The THA will provide a
listing of available units, as well as referrals to local organization for financial assistance with moving and
security deposit.
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11.4.2 Denial of Moves
Link: Notice PIH 2016-09
THA will a deny moves in the following circumstances:
•
Applicants who are seeking to move under Portability who are not income eligible in the
receiving PHA’s jurisdiction.
•
Participant families that have moved out of their assisted unit in violation of the lease. THA will
grant an exception to this in the situation where the only reason for the violation of the lease
was due to circumstances surrounding being a victim or domestic abuse, dating violence or
stalking.
•
The THA will deny a family permission to move on grounds that the THA does not have sufficient
funding for continued assistance if:
o
the move is to a higher cost unit (within THA jurisdiction) or to a higher cost area (for
portability moves
o
the receiving PHA is not absorbing the voucher (applicable only to portability moves
o
THA would be unable to avoid termination of current participants during the calendar
year to remain within its budgetary allocation for housing assistance payments
(including any available HAP reserves)
This policy applies to moves within theTHA’s jurisdiction as well as to moves outside it under portability.
If THA has denied a move due to insufficient funding, THA will provide written notification to the local
HUD Field office and to the family denying the request to move for this reason. THA will advise the
family that they may advise THA if the request to move is due to a request for reasonable
accommodation or for protection due to domestic violence, dating violence or stalking (VAWA).
THA will maintain a list of families who have been denied moving due to insufficient funding including
the date of the original request and whether the request was due to a reasonable accommodation or
VAWA. When funds become available, THA provide families notice and will begin to process requests to
move in the order received – from oldest to newest – with preference to families whose request to
move was due to a reasonable accommodation or VAWA.
Families who do not respond to the notification that funds are again available and may again request to
move will be removed from the list held by THA.
11.4.3 Move Process
If the THA has determined the family has met the conditions above, the THA will perform an annual
recertification and will issue the family a voucher to move. If the family and owner agree to extend the
move date, the extension must be submitted to THA in writing, signed by both the family and owner,
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must include the new effective date of the move, and must be submitted before the original effective
date of the move notice.
All actions regarding moves (Request for Tenancy Approval, owner approval, initial inspection, initial
rent burden, rent reasonableness, voucher term, voucher extensions, etc.) are the same as stated
elsewhere in this Plan.
THA may limit moves at any time due to HUD funding constraints.
11.4.4 Duplicate Housing Assistance Payments with a Move
Link: 24 CFR 982.311(d)
If a participant family moves from an assisted unit with continued participant-based assistance, the term
of the assisted lease for the new assisted unit may begin during the month the family moves out of the
first assisted unit. Overlap of the last housing assistance payment (for the month when the family moves
out of the old unit) and the first assistance payment for the new unit, is not considered to constitute a
duplicative housing subsidy. HAP payments to a former owner beyond the month of the move into a
new unit must be recaptured by THA and may not be kept by the former owner.
11.5 Portability
Link: 24 CFR 982.353(b)
11.5.1 Outgoing Portability
Link: 24 CFR 982.353(c), (d); 982.355(c)(1)
If the applicant did not live in THA’s jurisdiction at the time that the family’s application for assistance
was submitted, the family must lease a unit within the THA’s jurisdiction for at least 12 months before
requesting portability. The THA will consider exceptions to this policy for purposes of reasonable
accommodation or reasons related to domestic violence, dating violence, sexual assault, or stalking.
Families must notify the THA when they want to move out of the THA’s jurisdiction using the portability
feature. Families that are new admissions to the HCV program must meet the income eligibility
requirements both for THA and also in the jurisdiction where the family intends to move to (“the
Receiving PHA”). Applicant families must also meet the income eligibility requirements in the area to
which the family plans to move. Families are informed of these requirements in the briefing session.
The THA will approve no extensions to a voucher issued to an applicant or participant family porting out
of the THA’s jurisdiction except under the following circumstances:
•
the initial term of the voucher will expire before the portable family will be issued a voucher by
the receiving THA
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•
the family decides to return to the initial THA’s jurisdiction and search for a unit there.
11.5.2 Incoming Portables
THA may absorb or administer some or all incoming portable vouchers based on funding available.
If the THA decides to absorb a portable family upon the execution of a HAP contract on behalf of the
family, the THA will notify the initial THA by the initial billing deadline specified on form HUD-52665. The
effective date of the HAP contract will be the effective date of the absorption.
The THA may not change its determination to bill or to absorb a voucher after that without the approval
of the initial PHA.
For any family moving into its jurisdiction under portability, the THA will conduct a new re-certification
of family income and composition. However, the THA will not delay issuing the family a voucher for this
reason. Nor will the THA delay approving a unit for the family until the re-certification process is
complete unless the family is an applicant, and the THA cannot otherwise confirm that the family is
income eligible for admission to the program in the area where the unit is located.
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CHAPTER 12: Emergency Housing Vouchers
The THA administers Emergency Housing Vouchers (EHV) provided by HUD in order to serve individuals
and families who are (1) homeless; (2) at risk of homelessness; (3) fleeing, or attempting to flee,
domestic violence, dating violence, sexual assault, stalking or human trafficking; or (4) recently homeless
and for whom providing rental assistance will prevent the family’s homelessness or having high risk of
housing instability. The EHV will operate in the same manner as the THA tenant-based voucher program
except as otherwise provided in this chapter.
12.1 Wait List and Selection
EHVs are limited and the availability of these EHVs are managed through a direct referral process
through THA approved agreements. THA will accept applicant referrals for EHVs directly from the
Continuum of Care (CoC) or other partnering agency. If the CoC or other partnering agency refers more
families to the THA than the current allocation of EHVs, the THA will create a separate waiting list
specifically for the EHVs.
The THA will inform families on the HCV waiting list of the availability of EHVs by posting the information
to the THA website. The THA notice will describe the eligible populations to which the EHVs are limited
and are managed through a direct referral process and will provide contact information for the CoC.
The THA will advise the interested families to contact the CoC (or any other THA referral partner, if
applicable) if the interested family believes they may be eligible for EHV assistance. The THA will also
make an EHV available in order to facilitate an emergency transfer in accordance with the Violence
Against Women Act (VAWA) as outlined in the THA Emergency Transfer Plan.
12.2 Eligibility
The verification that the individual or family meets one of the four eligibility categories will be
conducted by the CoC or another partnering agency that makes direct referrals to the THA.
Other than cases where a family is requesting an emergency transfer in accordance with VAWA as
outlined in the THA Emergency Transfer Plan, the THA will refer a family that is seeking EHV assistance
directly from the THA to the CoC or other referring agency partner for initial intake, assessment, and
possible referral for EHV assistance.
The CoC or other direct referral partner will provide supporting documentation to the THA of the
referring agency’s verification that the family meets one of the four eligible categories for EHV
assistance.
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12.2.1 Income Eligibility
HUD permits the THA to use alternative income verification for the EHV that differs from the tenant-
based voucher program. THA may consider self-certification as the highest form of income verification
at admission. Applicants who self-certify to their income must submit an affidavit attesting to reported
income, assets, expenses, and other factors which would affect an income eligibility determination.
Additionally, applicants may provide third-party documentation which represents the applicant’s
income within the 60-day period prior to admission or voucher issuance but is not dated within 60 days
of the PHA’s request.
12.2.2 Social Security Number Documentation and Citizenship Status
The THA requires that individuals must provide the required documentation of social security number
and citizenship status within 180 days of admission to be eligible for continued assistance, pending
verification. The THA may provide an extension based on evidence from the family or confirmation from
the CoC or other partnering agency that the family has made a good-faith effort to obtain the
documentation.
Additionally, THA may accept self-certification of date of birth and disability status if a higher level of
verification is not immediately available. If self-certification is used, the THA will obtain a higher level of
verification within 90 days of admission or verify the information in EIV.
12.3 Denial of Admission
For EHV, the THA must deny admission:
•
If any household member has ever been convicted of drug-related criminal activity for
manufacture or production of methamphetamine on the premises of federally assisted housing
to EHV applicants.
•
If any member of the household is subject to a lifetime registration requirement under a State
sex offender registration program to EHV applicants.
For EHV, the THA may not deny admission for any of the following reasons:
•
Any member of the family has been evicted from federally assisted housing or the THA has ever
terminated assistance under the program for any member of the family.
•
The family currently owes rent or other amounts to the THA or to another PHA in connection
with Section 8 or public housing assistance under the 1937 Act.
•
The family has not reimbursed any THA 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 breached an agreement with the THA to pay amounts owed to a PHA, or amounts
paid to an owner by a PHA.
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•
The family would otherwise be prohibited admission under alcohol abuse standards established
by the THA in accordance with 24 CFR §982.553(a)(3).
•
The THA determines that any household member is currently engaged in or has engaged in
during a reasonable time before the admission, drug-related criminal activity.
12.4 Voucher Term
The initial term of the EHV voucher will be 120 days. Extension to the initial term of the voucher may be
provided as reasonable accommodation.
12.5 Portability
The THA will not prohibit portability for non-resident applicants. In the event that the THA is a receiving
PHA under portability, the THA will absorb the incoming EHV family with an EHV (assuming it has an EHV
voucher available to do so). If the THA does not have an EHV available to absorb the family, it will bill the
initial PHA.
12.6 Payment Standards
The THA may establish a separate payment standard for the EHV that differs from the tenant-based
voucher program, if the THA wishes to increase the potential pool of available units for EHV families.
12.6.1 Changes in Payment Standard
The THA may apply an increase in the payment standard for the leased EHV at interim re- examination
or with an action to increase the owner rent following the effective date of the increase in the payment
standard amount, provided the increased payment standard is used to calculate the HAP no later than
the effective date of the family’s first regular reexamination following the change.
12.7 HUD-Provided EHV (only) Service Fees
HUD will allocate a one-time services fee to the THA to support its efforts in implementing and
operating an effective EHV services program that will best address the needs of EHV eligible individuals
and families in its jurisdiction. The THA will use the service fee to provide any or all the defined eligible
uses to assist families to successfully lease units with the EHVs. The permitted use of these fees may
include the following activities.
•
Owner incentive payments equivalent to $2,000 per lease-up
•
Housing Search Assistance to EHV families during their housing search – equivalent to $215 per
lease-up
•
Security Deposits to secure a rental unit for first-time applicants/new admissions only. Security
deposits do not need to be returned to the PHA by the owner or the family. Families may use
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that security deposit for subsequent tenancies, if necessary. Security deposits may not exceed
one and half times the monthly contract rent.
For first-time applicants/new admissions, the total amount of service fees cannot exceed $3,500. The
owner incentive payments and housing search assistance fees have priority over security deposits.
Security deposits may make up the remaining difference after subtracting the owner incentive payment
and housing search assistance fees.
12.8 Termination of the EHV
The THA may not reissue the EHV when assistance for an assisted family ends. This means that when an
EHV participant (a family that is receiving rental assistance under a HAP contract) leaves the program for
any reason, the THA may not reissue that EHV to another family unless it does so no later than
September 30, 2023.
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CHAPTER 13: Project Based Vouchers
Link: 24 CFR 983
Except as provided by federal regulation (24 CFR 983.2), the Administrative Plan policies stated for the
HCV tenant-based program also apply to the PBV program.
13.1 Overview
A project is a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels
of land. Contiguous in this definition includes “adjacent to”, as well as touching along a boundary or a
point. The THA may provide voucher assistance to project by entering into a Housing Assistance
Payment (HAP) contract for a period of up to 15 years for each contracted unit. The THA may use up to
20 percent of Housing Choice Voucher authorized units for project based assistance. The THA may
increase the use of Project Based Vouchers additional 10 percent for homeless families, families with
veterans, supportive housing for persons with disabilities or elderly persons, or in areas where vouchers
are difficult to use.
13.2 Proposal Selection
Link: 24 CFR 983.52(a)(b)(c); §8(o)(13)(B) of the 1937 Act
Prior to issuing a Request for Proposal or selecting a project without following a competition process
where the PHA has ownership interest, THA will submit to the local field office all required information
under §8(o)(13)(B) of the 1937 Act. The THA will select proposals for PBV assistance using either the
Request for Proposal method or the Previous Competition method.
13.2.1 THA Request for Proposals Method for Rehabilitated and Newly Constructed Units
The THA will provide public notice of the opportunity to offer PBV proposals for consideration by the
PHA. The public notice will include publication of the public notice in a local newspaper of general
circulation and on THA website. The public notice will include details related to application selection
criteria, submission requirements and the submission deadline. The THA will provide written notice to
the party that submitted a selected proposal and will also give prompt public notice of such selection.
The THA will rate and rank proposals for rehabilitated and newly constructed housing using the
following criteria:
•
Owner experience and capability to build or rehabilitate housing as identified in the RFP
•
Extent to which the project furthers the THA goal of deconcentrating poverty and expanding
housing and economic opportunities
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•
The extent to which services for special populations are provided on site or in the immediate
area for occupants of the property
•
Projects with less than 25 percent of the units assisted will be rated higher than projects with 25
percent of the units assisted. In the case of projects for occupancy by the elderly, people with
disabilities or families needing other services, the THA will rate partially assisted projects on the
percentage of units that are available to receive assistance. Projects with the lowest percentage
of assisted units will receive the highest score.
13.2.2 THA Requests for Proposals for Existing Housing Units
The THA will advertise proposals for existing housing in local newspaper(s) and on the THA web site.
The advertisement will specify the number of units the THA estimates will be able to assist. Owner
proposals will be accepted on a first-come first-served basis and will be evaluated using the following
criteria:
•
Experience as an owner in the tenant-based voucher program and owner compliance
with the owner’s obligations under the tenant-based program
•
Extent to which the project furthers the THA goal of deconcentrating poverty and
expanding housing and economic opportunities
•
If applicable, extent to which services for special populations are provided on site or in
the immediate area for occupants of the property
•
Extent to which units are occupied by families that are eligible to participate in the PBV
program.
13.2.3 THA Selection of Proposals Subject to a Previous Competition under a Federal, State, or
Local Housing Assistance Program
The THA will accept proposals for PBV assistance from owners that were competitively selected under
another federal, state or local housing assistance program, including projects that were competitively
awarded Low-Income Housing Tax Credits on an ongoing basis.
In addition to, or in place of advertising, the THA may also directly contact specific owners that have
already been selected for Federal, state, or local housing assistance based on a previously held
competition, to inform them of available PBV assistance.
Proposals will be reviewed on a first-come first-served basis. The THA will evaluate each proposal on its
merits using the following factors:
•
Extent to which the project furthers the THA goal of deconcentrating poverty and expanding
housing and economic opportunities
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•
Extent to which the proposal complements other local activities such as the redevelopment of a
public housing site under the HOPE VI program, the HOME program, CDBG activities, other
development activities in a HUD-designated Enterprise Zone, Economic Community, or Renewal
Community.
13.2.4 THA Selection of Project Based Vouchers for VASH
The THA may allow accept noncompetitive selection of one or more PBV projects where all
units in the project(s) are made exclusively available to HUD–VASH families on the site of a VA
facility.
13.3 Notice of Owner Selection
Link: 24 CFR 983.51(d)
THA will notify the selected owner in writing of the owner’s selection for the PBV program pursuant to
HUD requirements. THA will notify in writing all owners that submitted proposals that were not
selected and advise such owners of the name of the selected owner.
The THA will make available its rating and ranking sheets and documents that identify the THA basis for
selecting the proposal for one month after publication of the notice. The THA will not include sensitive
owner information, such as financial statements, etc.
The THA will make these documents available for review at the THA during normal business hours.
13.4 Project Based Assistance to PHA owned Units
HUD or a HUD-approved independent entity must review the selection process for THA owned units to
confirm appropriate selection. Initial rents and annual rent changes for THA-owned units will be
determined by the independent entity based on PBV program requirements. The term of the HAP
contract and any HAP contract renewal must be agreed upon by THA and the independent entity.
Housing inspections will be performed by the independent entity. The independent entity shall provide
a written certification of inspection and rent reasonableness determination with supporting
documentation which will be maintained by the THA with the HAP contract for HUD review as needed.
Where the THA is the owner and development activity or substantial improvement is completed prior to
the execution of the HAP contract, an independent entity will review and certify the completion of
development activity. This certification will take the form of an executed certification which will include
the following information: Site Address, Inventory of Units (including location and size), work
completed, completion date, inspection date, inspection standard, name of inspector.
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13.5 Agreement to Enter into HAP Contract
Link: 24 CFR 983.152
For rehabilitated or newly constructed units, THA will enter into an Agreement to Enter into a HAP
Contact with the property owner. In the Agreement the owner agrees to develop the PBV contract units
to comply with housing inspection standards (HQS/NSPIRE), and the THA agrees that upon timely
completion of development the THA will enter into a HAP Contract with the owner for the contract
units.
The THA will enter into the Agreement with the owner after receiving both environmental review
approval and notice that subsidy layering requirements have been met and before construction or
rehabilitation work is started. Additional owner documents may be required. THA will specify any
additional documentation requirements in the Agreement.
For existing housing, the HAP contract will be executed after THA determines that all units pass housing
inspection standards.
13.6 Site Selection Standards
Link: 24 CFR 983.57(b)
THA will follow HUD regulations regarding site selection requirements for existing housing, newly
constructed housing and rehabilitated housing. Before entering into an agreement or HAP contract THA
will determine that the PBV assistance for housing at the selected site is consistent with the goal of
deconcentrating poverty and expanding housing and economic opportunities.
In developing standards to apply in determining whether a proposed PBV development will be selected,
THA will consider the following to determine whether the PBV meets the THA goals of deconcentrating
poverty and expanding housing and economic opportunities.
• If the site has received approval for tax credits by the appropriate state housing agency;
• If the poverty rate in the proposed PBV development area is greater than 20%, THA will consider
whether in the past five years there has been an overall decline in the poverty rate;
• A census tract in which the proposed PBV development will be located in a HUD- designated
Enterprise Zone, Economic Community, or Renewal Community;
• A census tract where the concentration of assisted units will be or has decreased as a result of
public housing demolition;
• A census tract in which the proposed PBV development will be located is undergoing significant
revitalization;
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• A census tract where there are meaningful opportunities for educational and economic
advancement.
• The site meets HUD requirements, including section 504 site selection requirements (24 CFR
8.4(b)(5))
• Other factors as determined by THA to meet the needs of the community.
13.6.1 Eligible Units/Cap on PBV Units
Link: 24CFR 983.52, 24 CFR 983.56(a)
Project based assistance may be attached to up to 25% of the total number of units in a project. Project
is defined as a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels
of land. Units specifically made available to the homeless, veterans, disabled and / or elderly families, or
that are for families eligible to receive supportive services (whether actually receiving services or not)
are excepted from the maximum number of assisted units per project.
Supportive services that may be offered to a member of a qualified household include, but are not
limited to, the following:
•
Meal service adequate to meet nutritional need
•
Housekeeping aid
•
Personal assistance
•
Childcare services
•
Transportation services
•
Health-related services
•
Educational and employment services
o job training
o computer skills
o resume assistance
o GED preparation
o ESL Classes
o financial literacy
•
Services offered through the Family Self Sufficiency Program
•
Other services designed to help the recipient live in the community as independently as
possible.
Supportive services will be offered throughout the family’s tenancy in the excepted unit. The family may
continue to reside in the exempted unit following the successful completion of supportive services or
when supportive services are no longer required. The THA will monitor the excepted family's continued
receipt of supportive services at each certification and will take appropriate action regarding those
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families that fail without good cause to complete their supportive services requirement. The unit loses
its excepted status if the family becomes ineligible for the supportive services during its tenancy,
provided that: (i) the family becomes ineligible for all supportive services available to the family, and (ii)
the family becomes ineligible for reasons other than successfully completing the supportive services
objective. In such event, the THA may:
•
Reduce the number of excepted units
•
Substitute the excepted unit for a non-excepted unit
•
Temporarily remove the unit from the PBV HAP contract and provide the family with tenant-
based assistance
13.7 Uniform Relocation Act
Link: 24 CFR 983.7, 49 CFR Part 24
If as a result of the PBV selection, there are existing households that are determined to be ineligible for
PBV; THA will require the owner to comply with the Uniform Relocation Act and the implementing HUD
regulations of the Act.
13.8 Housing Assistance Payments (HAP) Contracts
Link: 24 CFR 152
13.8.1 Term of the HAP Contract
The term of all PBV HAP contracts will be no less than one year, and no more than 20 years, and will be
negotiated with the owner on a case-by-case basis. Contracts may be extended for an additional term(s)
not to exceed a total of 20 years (40 cumulative years).
13.8.2 Extending the HAP Contact
When determining whether or not to extend an expiring PBV contract, the THA will consider
several factors including, but not limited to:
•
The cost of extending the contract and the amount of available budget authority; The
condition of the contract units;
•
The owner’s record of compliance with obligations under the HAP contract and lease(s);
•
Whether the location of the units continues to support the goals of deconcentrating
poverty and expanding housing opportunities;
•
The need for and availability of supportive services for the THA population; and
•
Whether the funding could be used more appropriately for tenant-based assistance.
13.8.3 Amendments to the HAP Contract
The THA will consider HAP Contract amendments to add additional / substitute PBV units in
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the same building / property. The THA will consider adding contract units to the HAP contract
when the THA determines that additional housing is needed to serve eligible low-income
families. Circumstances may include, but are not limited to:
•
If the project has lost a unit due to fire or other event to render the unit uninhabitable;
•
If the project has accessible units meeting the requirements of an existing assisted
disabled family leased in the property requiring the accessibility features
•
The local housing inventory is reduced due to a disaster (either due to loss of housing
units, or an influx of displaced families); and
•
Voucher holders are having difficulty finding units that meet program requirements.
•
Adding additional PBV units which include supportive services.
13.9 Unit Inspections
Link: 24 CFR 983.103
All contract units will be inspected and comply with Housing Quality Standards/NSPIRE prior to HAP
contract execution.
At least biennially during the term of the HAP contract, the THA will 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 the housing inspection standards (HQS/NSPIRE). Turnover
inspections are not counted toward meeting this inspection requirement.
If more than 20 percent of the inspected units in a building fail, the THA will re-inspect 100 percent of
the contract units in the building.
In the case of a property assisted with project-based vouchers that is subject to an alternative
inspection, the THA may rely upon inspections conducted at least triennially to demonstrate compliance
with the inspection requirement.
In the case of THA-owned units, the inspections will be performed by an independent agency designated
by THA and approved by HUD. The independent entity must furnish a copy of each inspection report to
THA and to the HUD field office where the project is located. THA must take all necessary actions in
response to inspection reports from the independent agency, including exercise of contractual remedies
for violation of the HAP contract by THA’s-owner.
13.9.1 Enforcement of Inspection Standards
THA will abate the HAP payment for an inspection deficiency not cured within the 30 day required
period and terminate PBV unit from the HAP contract for non-compliance with housing inspection
standards if not cured after 60 day abatement (See Section 8.8).
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13.9.2 Notification to PBV Applicants
THA will provide notice to families offered PBV assistance when there is a unit in the property with
inspection deficiencies that the owner's failure to correct the deficiencies within the cure period may
result in removal of the unit from the HAP contract and may be cause for termination of the entire PBV
HAP Contract.
13.10 Initial Rent and Rent Increases
Link: 24 CFR 983, Subpart G
13.10.1 Use of SAFMR
The amount of the initial rent to an owner of units receiving PBV assistance is established at the
beginning of the HAP Contract term using the Small Area Fair Market Rent to determine rent
reasonableness.
13.10.2 Rent Increases
An owner’s request for a rent increase must be submitted to the THA 60 days prior to the anniversary
date of the HAP contract, and must include the new rent amount the owner is proposing.
13.11 Tenant Selection from the Wait List
Link: 24 CFR 983.255
Except where noted in the Administrative Plan, the THA’s tenant selection procedures for its tenant-based
programs apply for units assisted under the PBV Program. The THA permits property owners to manage
PBV site based waiting list. The property maintained wait list applies to:
•
Valor on Eighth located at 1001 E 8th St Tempe AZ 85281
Except for units which are occupied by eligible tenants upon the commencement of the project based
contract term, when a vacancy exists at a PBV site, the property management will notify the next families
on the PBV Site Based List. The property management letter to the applicants will also state that if the
applicant is interested in residing in the vacant PBV unit that the applicant will not lose their place on the
THA’s HCV waiting list (if applicable) until that person has been leased in the PBV unit. If an applicant
rejects an offer for good cause, the applicant will remain on the PBV wait list. THA defines good cause as:
•
The unit offered has inspection related deficiencies or is in a property that is at risk of HAP
Contract Termination
•
The unit is inaccessible or otherwise does not meet the disability-related needs of a household
member with disabilities
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•
The unit presents a health or safety risk due to being a victim of domestic violence, dating
violence, sexual assault, or stalking
•
Circumstances beyond the family's control
If a dwelling unit to which assistance is to be attached under the project-based voucher program is
occupied, THA must determine whether the unit’s occupants are eligible for assistance. If a unit is
occupied by an eligible family and the unit is selected by THA, the family must be placed in an
appropriately size project-based assisted unit in the property.
The property maintained wait list 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).
Applicants must meet all of THA’s applicable eligibility requirements. The THA must approve the owner’s
tenant selection procedures. When a family is approved by the owner, they will execute a lease with the
owner.
Eligibility for selection in the Project-Based Voucher program will align with THA’s tenant-based
program. The THA will ensure program integrity though oversight of the Valor and any subsequently
property maintained wait list through the procedures outlined in Appendix C – Property Maintained PBV
Wait List Oversight.
13.12 Unit Moves/Transfers
13.12.1 Overcrowded, Under-Occupied, and Accessible Units
Link: 24 CFR 983.259
The THA will promptly notify the family and the owner of the family’s need to move based on the
occupancy of a wrong-size or accessible unit. The THA will offer the family the following types of
continued assistance in the following order, based on the availability of assistance:
•
PBV assistance in the same building or project;
•
PBV assistance in another project; and
•
Tenant-based voucher assistance.
When the THA offers a family another form of assistance that is not a tenant-based voucher, the family
will be given 30 days from the date of the offer to accept the offer and move out of the PBV unit. If the
family does not move out within this 30-day time frame, the THA will terminate the housing assistance
payments at the expiration of this 30-day period.
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The THA may make exceptions to this 30-day period if needed for reasons beyond the family’s control
such as death, serious illness, or other medical emergency of a family member, or as a reasonable
accommodation.
13.12.2 Moves Requested by the Tenant
Link: 24 CFR 983.261
PBV vouchers are mobile: after one-year families have the option to leave the PBV unit and receive a
tenant-based voucher, if a voucher is available and the family is compliant with the program and PBV
lease. The THA will supply the owner with a referral for a new PBV tenant. Families who wish to
relocate with continued assistance must inform the owner and the THA in writing not less than 30
days prior to the date they plan to vacate the unit and in accordance with the lease. The THA will then
place the family on a PBV-HCV Voucher program transfer list according to the date and time of receipt
by the THA of written notification of the family’s 30 day notice of intent to vacate. The THA will issue
the next available tenant based voucher to families on the PBV-HCV transfer list before proceeding to
its regular HCV waiting list. Families from the regular HCV waiting list who have been notified of an
eligibility appointment for a tenant based voucher will not be delayed from receiving their voucher.
In the event that the term of the tenant based voucher (or any approved extension) expires prior to
the family leasing a unit, the family may be allowed to remain in the PBV unit with the owner’s
written permission.
13.12.3 Moves from Excepted Units
THA will allow families who initially qualified to live in an excepted unit to remain when circumstances
change due to factors beyond the remaining family members’ control.
In all other cases, when THA determines that a family no longer meets the criteria for a “qualifying
family” in connection with the 25 percent per project cap exception, THA will provide written notice
to the family and owner within 10 calendar days of making the determination. The family will be
given 30 days from the date of the notice to move out of the PBV unit. If the family does not move out
within this 30-day time frame, THA will terminate the housing assistance payments at the expiration
of this 30-day period. THA may make exceptions to this 30-day period if needed for reasons beyond
the family’s control such as death, serious illness, or other medical emergency of a family member.
THA may refer other eligible families to the excepted units. However, if there are no eligible families
on the waiting list and the owner does not refer eligible families to THA, THA will amend the HAP
contract to reduce the total number of units under contract.
13.13 Vacancy Payments
24 CFR 983.352
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The THA will decide on a case-by-case basis if the THA will provide vacancy payments to the owner.
The HAP Contract with the owner will contain any such agreement, including the amount of the
vacancy payment and the period for which the owner will qualify for these payments, which will in no
event exceed 60 days.
If an assisted family moves out of the unit, the owner may keep the housing assistance payment for the
calendar month when the family moves out. However, the owner may not keep the payment if the THA
determines that the vacancy is the owner’s fault.
If the THA determines that the owner is responsible for a vacancy and, as a result, is not entitled to
the keep the housing assistance payment, the THA will notify the landlord of the amount of housing
assistance payment that the owner must repay. The THA will require the owner to repay the amount
owed.
If an owner’s HAP contract calls for vacancy payments to be made, and the owner wishes to receive
vacancy payments, the owner must properly notify the THA. In order for a vacancy payment request
to be considered, it must be made within 10 business days of the end of the period for which the
owner is requesting the vacancy payment. The request must include the required owner certifications
and the THA may require the owner to provide documentation to support the request. If the owner
does not provide the information requested by the THA 10 business days of the THA’s request, no
vacancy payments will be made.
13. 14 Reduction in HAP Contract Due to Vacancies
Link: 24 CFR 983.25
If any contract units have been vacant for 120 days, the THA will give notice to the owner that the HAP
contract will be amended to reduce the number of contract units that have been vacant for this period.
The THA will provide the notice to the owner within 30 calendar days of the 120th day of the vacancy.
The amendment to the HAP contract will be effective the 1st day of the month following the date of the
THA’s notice.
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CHAPTER 14: Intentionally Left Blank
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Chapter 15: Family Self Sufficiency Program
Link: 24 CFR 984;
The FSS program is administered by public housing agencies (PHAs) with the help of program
coordinating committees (PCCs). Once an eligible family is selected to participate in the program, the
THA, and the head of each participating family (for FSS purposes, as determined by the family) execute a
FSS Contract of Participation that specifies the rights and responsibilities of both parties. The term of the
FSS contract is approximately 5 years, but it may be extended for another 2 years by the PHA for good
cause. The FSS contract requires that the family comply with the lease, that all FSS family members (not
just family members who elected to participate in FSS) are welfare-free at the time of graduation, and
that the head of the FSS family (the same as the head of household for rent and income eligibility
purposes) seek and maintain suitable employment.
Noncompliance with the FSS contract without good cause may result in termination from the FSS
program. Termination (or exit) from the FSS program may not result in termination of the family’s rental
assistance.
The FSS contract also incorporates the family’s individual training and services plan (ITSP). The ITSP is
the document that records the plan for the family. That is, the series of intermediate and long-term
goals and the steps the family needs to take – and the services and resources they may need to access –
to achieve those goals.
Some of the services coordinated through the program include: child care, transportation, education,
job training, employment counseling, financial literacy, and homeownership counseling, among others.
Services are generally not provided by the PHA/owner, but rather outsourced to service providers in the
community.
An interest-bearing escrow account is established by the THA for each participating family. Any
increases in the family’s rent as a result of increased earned income during the family’s participation in
the program result in a credit to the family’s escrow account. Once a family graduates from the
program, they may access the escrow and use it for any purpose.
The THA has developed an Action Plan in consultation with the Department Administrators and the
Program Coordinating Committee which has met with HUD approval. The Action Plan describes the
policies and procedures of THA for operation of a local FSS program, and contains the following
information:
•
Family demographics. A description of the number, size, characteristics, and other
demographics (including racial and ethnic data), and the supportive service needs of the
families expected to participate in the FSS program;
•
Estimate of participating families. A description of the number of eligible FSS families who
can reasonably be expected to receive supportive services under the FSS program, based
on available and anticipated Federal, tribal, State, local, and private resources;
•
Eligible families from other self-sufficiency program. If applicable, the number of families,
by program type from other local self-sufficiency program who are expected to agree to
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execute an FSS contract of participation.
•
FSS family selection procedures.
•
Incentives to encourage participation.
•
Distribution (including the interim distribution) of the FSS Escrow Account and use of
forfeited accounts.
The THA FSS Action Plan is available on the THA website: City of Tempe - Voucher Program
(scottsdaleaz.gov)
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CHAPTER 16 :
Denial of Assistance to Applicants and Termination of
Assistance to Participants
Links: 24 CFR 982.552(a)(2); 24 CFR 982.553(a)
16.1 Evidence and Considerations
THA will use the preponderance of the evidence as the standard for making all admission decisions.
Preponderance of the 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. Preponderance of the evidence may not be determined
by the number of witnesses, but by the greater weight of all evidence.
THA will consider the following factors prior to making its denial or termination decision:
•
Evidence of the applicant or resident’s participation in or willingness to participate in social service
or other appropriate counseling service programs
•
The age of the applicant and the circumstances surrounding the unfavorable event or history
•
In the case of drug or alcohol abuse, whether the culpable household member is participating in
or has successfully completed a supervised drug or alcohol rehabilitation program or has
otherwise been rehabilitated successfully
o THA will require the applicant/resident to submit evidence of the household member’s
current participation in or successful completion of a supervised drug or alcohol
rehabilitation program, or evidence of otherwise having been rehabilitated successfully.
•
Whether the cause of the unfavorable information may be that the applicant/resident is the
victim of domestic violence, dating violence, sexual assault or stalking.
o THA acknowledges that a victim of domestic violence, dating violence, sexual assault or
stalking may have an unfavorable history (e.g., a poor credit history, a record of previous
damage to a unit, a prior arrest record) that would warrant denial under THA’s policies.
Therefore, if THA makes a determination to deny admission to an applicant family, THA
will include in its notice of denial/termination a statement of the protection against denial
provided by VAWA, a description of THA confidentiality requirements.
o A request that an applicant/resident wishing to claim this protection submit to THA
documentation meeting the specifications below with her or his request for an informal
hearing for an applicant and a grievance hearing for a resident.
•
The existence of mitigating factors, such as loss of employment or other financial difficulties.
•
If the family indicates that the behavior of a family member with a disability is the reason for the
proposed denial of admission or termination of assistance, THA will determine whether the
behavior is related to the disability. If so, upon the family’s request, THA will determine whether
alternative measures are appropriate as reasonable accommodation. THA will only consider
accommodations that can reasonably be expected to address the behavior that is the basis of the
proposed denial or termination.
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As a condition of receiving or keeping assistance, a family may agree to remove the culpable family
member from the application or unit. In such instances, the head of household must certify that the family
member will not be permitted to visit or to stay as a guest in the public housing unit.
16.2 Denial of Assistance
The THA will deny admission of an applicant for the following:
•
An applicant will be denied admission the family owns real property that is suitable for occupancy
by the family as a residence or has assets in excess of $100,000, as adjusted annually in accordance
with the Consumer Price Index for Urban Wage Earners and Clerical Workers.
•
An applicant will be denied admission for three years from the date of the eviction if any
household member has been evicted from federally assisted housing for drug-related criminal
activity. However, the THA may admit the household if it determines:
o The evicted household member who engaged in drug-related criminal activity has
successfully completed a supervised drug rehabilitation program approved by the THA;
or
o The circumstances leading to the eviction no longer exist (for example, the criminal
household member has died or is imprisoned).
•
The THA determines that any household member is currently engaging in illegal use of a drug (For
purposes of this section, a household member is “currently engaged in” the criminal activity if the
person has engaged in the behavior within the past 6 months to justify a reasonable belief that
the behavior is current) o The THA will consider all credible evidence, including but not limited to,
any record of arrests, convictions, or eviction of household members related to the use of illegal
drugs or abuse of alcohol
•
The THA determines that it has reasonable cause to believe that a household member's illegal use
or pattern of illegal use of a drug may threaten the health, safety, or right to peaceful enjoyment
of the premises by other residents
•
The THA will deny admission if any household member has ever been convicted of drug-related
criminal activity for manufacture or production of methamphetamine on the premises of federally
assisted housing
•
The THA will prohibit admission if any member of the household is subject to a lifetime
registration requirement under a State sex offender registration program. The THA will perform
necessary criminal history background checks in the State of Arizona and in other States where
household members are known to have resided
THA may deny admission to an applicant family if THA determines that any household member is currently
engaged in or has engaged in any of the activities within the past three (3) years.
•
•Drug-related criminal activity (defined by HUD as the illegal manufacture, sale, distribution, or
use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the
drug).
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•
Violent criminal activity, defined by HUD as any 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.
•
Criminal activity that threatens persons or property which would adversely affect the health,
safety, or welfare of other residents, THA personnel or contractors including the possession of
illegal firearms.
•
Abusive or violent behavior or threats of violence towards THA personnel.
o o Use of racial epithets, or other language, written or oral, that is customarily used to
intimidate may be considered abusive or violent behavior.
o Threatening refers to oral or written threats or physical gestures that communicate intent
to abuse or commit violence.
•
Has a pattern of unsuitable past performance in meeting obligations of their tenancy including
the following:
o Has a pattern of disturbance of neighbors, destruction of property, or living or
housekeeping habits at prior residences which may adversely affect the health, safety, or
welfare of other residents, THA staff and contractors
o Has a pattern of eviction from housing or termination from residential programs
(considering relevant circumstances)
o Owes rent or other amounts to this or any other Public Housing Authority or owner in
connection with any assisted housing program
o Failure to pay rent
o Misrepresented or does not provide complete information related to eligibility, including
income, expenses, family composition or rent
o Has committed fraud, bribery, or any other corrupt or criminal act in connection with any
federal housing program
o The applicant or any member of the applicant household is a former resident of a public
housing authority, or a former resident in the Housing Choice Voucher program, who had
a record of lease violations or whose tenancy was terminated by the Housing Authority
or private landlord
o No previous resident may be readmitted unless all previous amounts owed have been
paid to public housing authority; but payment of such debt does not necessarily entitle
an applicant to eligibility under this section unless THA has agreed in writing to grant
eligibility upon payment of amounts due
• Any other HUD required reason
16.3 Notice of Denial
THA will notify applicant families in writing of any decision to deny assistance.
If, based on a criminal record or sex offender registration information an applicant family appears to be
ineligible, the THA will notify the family in writing of the proposed denial the opportunity to dispute the
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accuracy and relevance of a criminal record with 10 calendar days to dispute the accuracy and
relevance of the information. If the family does not contact the THA to dispute the information within
that 10 day period, the THA will proceed with issuing the notice of denial of admission. A family that
does not exercise their right to dispute the accuracy of the information prior to issuance of the official
denial letter will still be given the opportunity to do so as part of the informal hearing process.
16.4 Denial of Assistance for Noncitizens
Link: 24 CFR 5.514(d)
Denial of assistance based on immigration status is subject to special hearing and notice rules. The THA
will notify applicant families of denial of assistance in accordance with HUD regulations. When THA
determines that an applicant family does not include any citizens, nationals, or eligible noncitizens,
following the verification process, the family will be sent a written notice within 15 days of the
determination. The notice will explain the reasons for the denial of assistance and will advise the family
of its right to request an appeal to the United States Citizenship and Immigration Services (USCIS), or to
request an informal hearing with the THA. The informal hearing with the THA may be requested in lieu
of the USCIS appeal, or at the conclusion of the USCIS appeal process. The notice will inform the
applicant family that assistance may not be delayed until the conclusion of the USCIS appeal process,
but that it may be delayed pending the completion of the informal hearing process.
When the THA receives notification that the USCIS secondary verification failed to confirm eligible
immigration status, the THA will notify the family of the results of the USCIS verification within xx
calendar days of receiving the results. The family will have 30 calendar days from the date of the
notification to request an appeal of the USCIS results, made by the family directly in writing to the
USCIS. The family must provide THA with a copy of the written request for appeal and proof of mailing
within xx calendar days of mailing the request to the USCIS.
The THA will send written notice to the family of its right to request an informal hearing within XX
calendar days of receiving notice of the USCIS decision regarding the family’s immigration status.
16.5 Grounds for Termination
Links: 24 CFR 982.455; 24 CFR 982.551, 552, 553; 24 CFR 5.514(c); 24 CFR 5.218(c); 24 CFR 982.311(d); Notice PIH
2010-3; Notice PIH 2010-9
Termination of assistance for a Program participant may include any or all of the following actions by
THA:
•
Refusing to enter into a HAP contract or approve a lease.
•
Terminating housing assistance payments under a HAP contract.
•
Refusing to process or provide assistance under portability procedures.
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THA must terminate the participant family for the following reasons:
•
Net family asset limitation
If the family owns real property that is suitable for occupancy by the family as a residence or has
assets in excess of $100,000, as adjusted annually in accordance with the Consumer Price Index
for Urban Wage Earners and Clerical Workers, the THA will terminate assistance within 180
calendar days of the verified asset value.
•
Family choice
The family may request that the THA terminate housing assistance payments on behalf of the
family at any time.
•
Family with Zero Assistance
If the family has received zero assistance in 180 days THA will terminate assistance. If the
participating family receiving zero assistance experiences a change in circumstances that would
cause the HAP payment to rise above zero. The family must notify the THA of the changed
circumstances and request an interim re-certification before the expiration of the 180 day
period.
•
Eviction
Link: 24 CFR 982.552(b)(2), 24 CFR 5.2005(c)(1)
The THA must terminate assistance whenever a family is evicted from a unit assisted under the
HCV program for a serious or repeated violation of the lease. A family will be considered evicted
if the family moves after a legal eviction order has been issued, whether or not physical
enforcement of the order was necessary.
•
Failure to provide consent
Link: 24 CFR 960.259
The THA will terminate the lease if any family member fails to sign and submit any consent form
s/he is required to sign for any reexamination.
•
Failure to document citizenship
Link: 24 CFR 5.514; 24 CFR 960.259
The THA will terminate the lease if (1) a family fails to submit required documentation within
the required timeframe concerning any family member’s citizenship or immigration status; (2) a
family submits evidence of citizenship and eligible immigration status in a timely manner, but
United States Citizenship and Immigration Services (USCIS) primary and secondary verification
does not verify eligible immigration status of the family, resulting in no eligible family members
If the THA determines that a family member has knowingly permitted an ineligible individual to
reside in the family’s unit on a permanent basis.
•
Failure to Disclose SSN:
Link: 24 CFR 5.218, 24 CFR 960.259
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The THA will defer the family’s termination and provide the family with the opportunity to
comply with the requirement for a period of 90 calendar days for circumstances beyond the
family’s control such as delayed processing of the SSN application by the SSA, natural disaster,
fire, death in the family or other emergency, if there is a reasonable likelihood that the family
will be able to disclose an SSN by the deadline.
•
Threat to Other Participants
The THA will terminate the lease when any household member engages in any criminal activity
that threatens the health, safety, or right to peaceful enjoyment of the premises by other
participants or by persons residing in the immediate vicinity of the premises. Immediate vicinity
means within a three-block radius of the premises.
•
Methamphetamine Conviction:
Link: 24 CFR 966.4
The THA will immediately terminate the lease if THA determines that any household member
has ever been convicted of manufacture or production of methamphetamine in any location,
and/or on the premises of federally-assisted housing.
•
Furnishing False or Misleading Information Concerning Illegal Drug Use or Alcohol Abuse or
Rehabilitation
The THA will terminate the lease if the THA determines that a household member has furnished
false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of
illegal drug users or alcohol abusers.
•
Other Serious or Repeated Violations of the Family Obligations of the HCV Program
•
Fugitive Felon or Parole Violator
If a participant is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime, or attempt to commit a crime, that is a felony under the laws of the place from which the
individual flees, is a high misdemeanor; or violating a condition of probation or parole imposed
under federal or state law.
•
Persons subject to sex offender registration requirement.
If any member of the household has, during their current participation in the HCV program,
become subject to a registration requirement under a state sex offender registration program
regardless whether it is for life time or not.
•
Crime On or Off the Premises
o Drug related convictions; Alcohol related convictions (if it indicates an ongoing pattern);
Fraud;
o Acts of violent behavior convictions; and or Crimes of violent behavior
Applicants/participants must report any convictions from criminal activity which occurs after the
application review (this includes residents, participants and those that have not yet moved into THA
assisted housing program(s)).
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THA will allow applicants and participants to address and present mitigating circumstances regarding
criminal background checks prior to final decision.
HCV Program Violations That May Lead to Termination
•
Discovery of facts after admission to the program that would have made the participant
ineligible.
•
Discovery of false statements or fraud by the participant in connection with an application for
assistance or with a reexamination of income.
•
Failure to furnish such information and certifications regarding family composition and income
as may be necessary for the THA to make determinations with respect to rent, eligibility, and
unit size.
o Revoking consent previously provided
o Information not provided: After issuance of the termination notice, but before the
effective date of the termination, the participant may provide the missing data. It is
solely THA’s discretion whether to accept the data or to proceed with termination.
•
Missed appointments per policy and procedure requirements.
•
Failure to transfer to an appropriate size unit based on family composition, upon notice by the
THA that such a move is required for inspection standards compliance.
•
Failure to permit access to the unit by the THA after proper advance notification for the purpose
of performing routine inspections.
•
Failure to inform the THA within 30 days of the birth, adoption or court-awarded custody of a
child.
•
If the family has breached the terms of a repayment agreement entered into with the THA.
•
If a household member has engaged in or threatened violent or abusive behavior toward THA
personnel.
o Abusive or violent behavior towards THA personnel includes verbal as well as physical
abuse or violence. Use of racial epithets, or other language, written or oral, that is
customarily used to intimidate may be considered abusive or violent behavior.
o Threatening refers to oral or written threats or physical gestures that communicate
intent to abuse or commit violence.
•
Furnishing false or misleading information concerning illegal drug use, alcohol abuse, or
rehabilitation of illegal drug users or alcohol abusers.
•
If the family does not remedy family-caused housing standard inspection failures in the required
timeframe.
•
If the family does not allow THA to inspect the unit at reasonable times and after reasonable
notice.
•
If any family member commits lease violations, including but not limited to:
o If the family does not give proper notice to THA and the owner before moving out of the
unit.
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o The family does not give THA a copy of any owner eviction notice as required in this
Administrative Plan.
o If the family is not using the assisted unit for residence by the family and/or the assisted
unit is not the family’s only residence.
o If the family has non-approved persons residing in the unit.
o If the family does not promptly notify THA that a family member no longer resides in the
assisted unit.
o If the family engages in profit making activities in the assisted unit which are not incidental
to the primary residential use of the unit.
Limitation on Profit Making Activity in the Unit:
If the business activity area 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 is considered a violation.
If THA determines that the use of the unit as a business is not incidental to its
use as a dwelling unit.
o If the family subleases, lets, assigns the lease or transfers the unit.
o If the family does not notify THA of an absence from the unit, and if the family does not
provide THA any requested information regarding the absence.
o If the family owns or has any interest in the unit.
•
If any family member is receiving or received Section 8 participant-based assistance while
receiving another housing subsidy, for the same unit or for a different unit, under any
duplicative housing assistance program.
•
If the family breaches an agreement with THA to pay amounts owed to THA or amounts paid to
an owner by THA.
•
Insufficient ACC funding to support continued assistance for families in the program. In such
event, THA will follow the procedures outlined in THA’s Management Procedures.
•
If the family fails to disclose to THA any HUD notification it has received regarding discrepancies
in the amount or verification of family income.
Any other HUD required reason.
16.6 Termination Notification
In any case where the THA decides to terminate assistance to the family, the THA will give both the
family and the owner a 30-day written termination notice. However, if a family vacates the unit without
informing the THA, 30 days-notice will not be given. In these cases, the notice to terminate will be sent
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and effective at the time the THA learns the family has vacated the unit. The notice of termination will
state:
•
Specific reasons for the termination
•
Effective date of the termination
•
Family’s right to request an informal hearing
•
Family’s responsibility to pay the full rent to the owner if it remains in the assisted unit after the
termination effective date
•
Copy of criminal record (if the criminal record is the basis of the termination).
•
Protection Rights under the Violence Against Women’s Act
When a family requests to be terminated from the program they must do so in writing to the THA. The
THA will then send a confirmation notice to the family and the owner within 15 days of the family’s
request, but no later than the termination effective date (as requested by the family).
16.7 Removal of a Family Member from the Application
Link:24 CFR 982.552(c)(2)(ii)
As a condition of receiving assistance, a family may agree to remove the culpable family member from
the application. In such instances, the head of household must certify that the family member will not
be permitted to visit or to stay as a guest in the assisted unit.
After admission to the program, the family must present evidence of the former family member’s
current address upon THA request.
16.8 Reasonable Accommodation Related to Denials or Terminations
Link: 24 CFR 982.552(2)(iv)
THA’s decision to deny or terminate the assistance of a family that includes a person with disabilities is
subject to consideration of reasonable accommodation.
When applicants with disabilities are denied assistance, the notice of denial must inform them of THA’s
informal review process and their right to request a review. In addition, the notice will inform applicants
with disabilities of their right to request reasonable accommodations to participate in the informal
review process. If the family indicates that the behavior of a family member with a disability is the
reason for the proposed denial of assistance, THA will determine whether the behavior is related to the
disability. If so, upon the family’s request, THA will determine whether alternative measures are
appropriate as a reasonable accommodation. THA will only consider accommodations that can
reasonably be expected to address the behavior that is the basis of the proposed denial of assistance.
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16.9 Repayment Agreements
Link PIH Notice 2018-18
If a family owes amounts to the THA, as a condition of continued occupancy, the THA may require the
family to repay the full amount or to enter into a repayment agreement, within 30 days of receiving notice
from the THA of the amount owed.
Any repayment agreement between the THA and a family must be signed and dated by the THA and by
the head of household and spouse/co-head (if applicable). If the family chooses to enter into a
repayment agreement, the THA will require a minimum down payment of 20% of the amount owed or
an amount that would reduce the debt owed to $1,200. The term of repayment agreement will not
exceed twelve (12) months, except as provided below. In no event will the THA enter into a repayment
agreement for retroactive rents whereby the monthly amount of the repayment plus TTP is greater than
40% of the family’s adjusted monthly income.
Repayment Agreement Options
Tenants can repay in a lump sum; through a Repayment Agreement (installment payments), or a
combination: paying a lump sum when the Repayment Agreement is signed and the remainder in monthly
payments not to exceed 12 months.
Creating and Reporting Tenant Repayment Agreements
The total the tenant pays, for a combination of the TTP and the Repayment Agreement, will not exceed
40% of the family’s monthly adjusted income for contract purposes but if the family wishes to pay more
than the contract amount, they can.
The repayment agreement will be renegotiated when financial circumstances of the household change.
If the family refuses to repay the debt, does not enter into a repayment agreement, or breaches a
repayment agreement, the THA will terminate the family’s tenancy and utilize other available collection
alternatives including, but not limited to, the following:
•
Collection agencies
•
Small claims court
•
Civil law suit
•
State income tax set-off program
Rules Governing Payments and Changes to Existing Agreements
A Repayment Agreement is a contract; the only provision for revising it is if the household’s income
changes.
The THA generally will not enter into a repayment agreement with a family if:
•
There is already a repayment agreement in place with the family;
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•
THA determines that the family committed program fraud;
•
The amount of the calculated payment based on tenant rent and repayment amount not
exceeding the 40% maximum rent burden is insufficient to satisfy the debt within the 24 month
period;
•
The amount is greater than $5,000, or the amount owed by the family exceeds the federal or state
threshold for criminal prosecution.
THA may at any time not enter into a repayment agreement and instead terminate the family’s tenancy
and pursue alternative collection methods. If the family’s assistance is terminated and repayment has not
been made, the money will still be considered to be owed and may be reported in HUD’s EIV system as a
debt owed. THA may take such action, as necessary, to collect the amounts owed.
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CHAPTER 17: Informal Reviews and Informal Hearings
THA provides a copy of the Informal Review and Hearing procedures in the family briefing packet. When
possible and allowed by regulation/law, THA may conduct administrative reviews of informal
hearing/review requests and provide alternate resolutions at its discretion before proceeding with the
family’s request for a review or hearing.
17.1 Informal Review Policy
Links: 24 CFR 982.554;
An applicant may request an informal review of the THA’s decision to deny the applicant’s participation
in the Housing Choice Voucher Program. Reviews are provided for applicants who are denied assistance
before the effective date of the HAP Contract. The exception is that when an applicant is denied
assistance for citizen or eligible immigrant status, the applicant is entitled to an informal hearing.
An applicant may request an informal review if the applicant:
•
Is denied listing on the waiting list or for a preference
•
Is denied a voucher
•
Is denied participation in the Program including portability
Informal reviews will not be granted to applicants who dispute:
•
The unit size (number of bedrooms) stated on the voucher.
•
A determination that a unit does not comply with Housing Quality Standards including space
requirements.
•
A determination that a proposed lease is unacceptable.
•
A decision to not approve a request for an extension of the term of the voucher.
•
General policy issues, class grievances, or discretionary administrative determinations.
When the THA determines that an applicant is ineligible for the program THA will notify the applicant of
their ineligibility in writing. The notice will contain:
•
Reason(s) the family is ineligible
•
Procedure for requesting a review if the applicant does not agree with the decision
•
Time limit for requesting a review: The applicant must submit the written request for an
informal review within 10 business days of the date of the denial notice.
•
If the request is not submitted timely, it will mean that the applicant waived their right to
request an informal review.
Informal review requests must be made in writing within the 10 business days from the date of the
THA”s Denial. The informal review will be conducted by a person or panel including other than the one
who made the decision under review or a subordinate of this person. The applicant will be provided an
opportunity to present written or oral objections to the decision of the THA. The review decision will be
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based only on evidence presented at the review by both parties. Evidence presented after the review
will not be considered. Extensions for evidence will not be granted.
The person or panel conducting the informal review will make a recommendation to the THA, but the
Manager Community Assistance Office is responsible for making the final decision as to whether
admission should be granted or denied. If the informal review decision overturns the denial, processing
for admission will resume.
If the family fails to appear for their informal review, the denial of admission will stand and the family
will be so notified.
17.2 Informal Hearing Policy
Link: 24 CFR 982.555
Informal hearings may be requested for the following reasons:
•
Determination of the amount of the total tenant payment or tenant rent
•
Determination of hardship regarding minimum rent
•
Decision to terminate assistance
•
Decision to deny a family move
•
Appropriate utility allowance used from schedule
•
Family unit size under THA subsidy standards
•
Termination of a family’s FSS Contract, withholding supportive services, or proposing forfeiture
of the family’s escrow account
THA is not required to provide an informal hearing in the following cases:
•
Discretionary administrative determinations by THA, or to consider general policy issues or class
grievances
•
Determination that the unit does not comply with THA’s Housing Quality Standards including
space requirements for family size, that the owner failed to maintain the unit in a decent, safe,
and sanitary manner in accordance with the Housing inspection standards (HQS or NSPIRE),
(including all services, maintenance, and utilities required under the lease).
•
Decision to exercise any remedy against the owner under an outstanding contract, including the
termination of Housing Assistance Payments to the owner
•
Decision not to approve a family's request for an extension of the term of the Voucher issued to
an assisted family which wants to move to another dwelling unit with continued participation
•
Establishment of THA schedule of utility allowances for families in the program
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•
Disapproval of unit or lease
When the THA determines that a participant should be terminated from the program, THA will notify
the participant of their proposed termination in writing. The notice will contain:
•
Reason(s) for and timing of termination,
•
The date the proposed action will take place
•
Procedure for requesting a hearing if the participant does not agree with the decision
•
Tenant Protections under VAWA.
Time limit for requesting a hearing: The participant must submit the written request for an informal
hearing within 10 business days of the date of the termination notice.
17.3 Conducting Informal Hearings
THA hearings will be conducted by a single hearing officer or a panel. The THA will appoint a person or
panel who has/have been selected in the manner required under the hearings procedure.
Hearings may be attended by the following applicable persons:
•
A THA representative(s)
•
Any witnesses for the THA
•
The participant
•
Any witnesses for the participant
•
The participant’s counsel or other representative
•
Any other person approved by the THA will be as a reasonable accommodation for a person
with a disability.
17.3.1 Hearing Decision
In rendering a decision, the hearing officer/panel will consider the following matters:
•
THA Notice to the Family
•
THA Evidence to Support the THA Decision
•
Participant Presented Evidence
•
Validity of Grounds for Program Termination
17.3.2 Invalid Decisions
When the THA considers the decision of the hearing officer/panel to be invalid based on HUD
regulations and THA Policy, the Manager Community Assistance Office will send a notice to all parties
attending the hearing that the decision is null and void. The notice will set a date and time for a new
hearing.
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1.7.3 Rights of the Applicant/Participant and THA
The applicant/participant must appear in person at the review/hearing and may be represented by an
attorney, or other representative, at their own expense.
•
The applicant/family and THA have the right to present evidence, both oral and written.
•
The applicant/family and THA have the right to question any witnesses, and the right to state
their case prior to the hearing officer’s decision.
•
The applicant/family has the right to arrange for an interpreter to attend the review/hearing, at
their own expense.
•
The applicant/family has the right to seek redress directly through judicial procedures of the
court.
•
THA has the right to make final submissions.
The applicant/family and THA have the right to review any documents directly relevant to the
review/hearing. Review of documents will take place at the THA office. If the applicant/family or THA
does not make the document available for examination on the request of the other party, that
document may not be relied on during the review/hearing.
17.3.4 Review/Hearing Process
The review/hearing will follow the following guidelines:
•
The review will be conducted by any person or persons designated by THA, other than a person
who made or approved the decision under review or a subordinate of this person.
•
All THA Denial and Termination notices will advise the applicant/family of their right to a
review/hearing and the process to request a review/hearing.
•
The applicant/family must request the informal review/hearing in writing within the required
time frame xx calendar days after receipt of notice from the THA).
•
THA will schedule the hearing within a reasonable timeframe, preferably before the effective
termination date. If the hearing cannot be scheduled before the effective termination date, the
effective termination date may be extended, based solely on the reason for the delay and at the
sole discretion of THA.
•
The notification of hearing will contain:
Date and time of the hearing
Location where the hearing will be held
Family’s right to bring evidence, witnesses, legal or other representation at the
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Right to view any documents or evidence in the possession of THA, which will be
provided at the scheduling of hearing.
Notice to the family that the THA will request a copy of any documents or evidence the
family will use at the hearing be provided to THA by the end of business the day prior to
the scheduled hearing date.
•
If a family does not appear at a scheduled review/hearing and has not rescheduled the hearing
in advance, the hearing officer will assume the family is no longer interested in the program and
will uphold the denial/termination.
•
The applicant/family will be given an opportunity to present written or oral objections to THA’s
decision.
•
THA will notify the applicant/family of the THA final decision after the informal review/hearing,
including a brief statement of the reasons for the final decision.
•
The Notice will contain the following information:
Applicant/family name
Applicant/family address
Date
Date and time of review/hearing
Names of everyone in attendance at review/hearing
Final decision
Brief statement of the reason(s) for the final decision
HUD regulation for the denial/termination (if upholding the denial/termination)
Effective date of denial/termination (if applicable)
•
A hearing decision letter will also be sent to the owner, stating whether the termination was
upheld or overturned. The notice to the owner will contain the following information:
Family name
Unit address
Effective date of termination or
Effective date of re-instatement
•
All requests for review, supporting documentation, and a copy of the final decision will be filed
in the family’s file.
17.3.5 Decisions Not Binding to THA
THA is not bound by a review/hearing decision on the following matters:
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•
A matter for which THA is not required to provide an opportunity for an informal review/hearing
or otherwise in excess of the THA of the person conducting the review/hearing.
•
A decision given contrary to HUD regulations, requirements, or otherwise contrary to Federal,
State or Local law.
If a review/hearing decision is not binding to THA, the Executive Director or their designee will send a
notice to all parties attending the review/hearing that the decision is null and void. The notice will set a
date and time for a new hearing.
17.3.6 Hearing Provisions for Restrictions on Assistance to Non-Citizens
Assistance to the family will not be delayed, denied or terminated on the basis of immigration status at
any time prior to the receipt of the decision of the USCIS appeal.
Assistance to a family will not be terminated or denied while the THA hearing is pending; however
assistance to an applicant may be delayed pending the THA hearing.
17.4 USCIS Determination of Ineligibility
If a family member claims to be an eligible immigrant, and the USCIS SAVE system and manual search do
not verify the claim, THA will notify the applicant/family within ten calendar days of their right to appeal
to the USCIS within thirty calendar days or to request an informal hearing with THA either in lieu of or
subsequent to the USCIS appeal.
If the family appeals to the USCIS, they must give THA a copy of the appeal and proof of mailing, or THA
may proceed to deny or terminate. The time period to request an appeal may be extended by THA for
good cause. Good cause includes medical emergency, employment emergency, family emergency, etc.
The emergency must be documented in writing (doctor’s statement, employer statement, independent
agency statement, etc.)
The request for a THA hearing must be made within 10 business days of receipt of the notice offering
the hearing or, if an appeal was made to the USCIS, within 10 business days of receipt of that notice.
After receipt of a request for an informal hearing, the hearing is conducted as described in this Plan for
both applicants and families. If the hearing officer decides that the individual is not eligible, and there
are no other eligible family members the THA will:
•
Deny the applicant family.
•
Terminate the family if the family does not qualify for deferral.
If there are eligible members in the family, the THA will offer to prorate assistance or give the family the
option to remove the ineligible members.
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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.
Families 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 describes above) are entitled to a hearing based on the right to a hearing
regarding determinations of Total Participant 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.
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CHAPTER 18: Program Integrity
Link: 24 CFR 982.552(c)(iv); 24 CFR 985
The THA anticipates that the majority of families and THA employees intend to and will comply with
program requirements and make reasonable efforts to avoid errors. To ensure that the THA’s program
is administered effectively and according to the highest ethical and legal standards, the THA will employ
a variety of techniques to ensure that both errors and intentional program abuse are rare. The THA will:
•
Provide each applicant and participant with a copy of “Is Fraud Worth It?”
•
Provide each applicant and participant with a copy of “What You Should Know about EIV”, and
require receipt confirmation
•
Review and explain the contents of all HUD and THA required forms prior to requesting family
member signatures
•
Place a warning statement about the penalties for fraud on key THA forms and letters that
request information from a family member
•
Provide each THA employee with the necessary training on program rules and the organization’s
standards of conduct and ethics
18.1 Detecting Errors and Program Abuse
The THA will employ a variety of methods to detect errors and program abuse, including:
•
Using the results reported in any IPA or HUD monitoring reports to identify potential program
abuses as well as to assess the effectiveness of the THA’s error detection and abuse prevention
efforts.
•
Encouraging staff, participants, and the public to report possible program abuse.
•
Reviewing all referrals, specific allegations, complaints, and tips from any source including other
agencies, companies, and individuals, to determine if they warrant investigation.
•
Investigating inconsistent information related to the family that is identified through file reviews
and the verification process.
For each investigation the THA will determine:
•
Whether an error or program abuse has occurred
•
Whether any amount of money is owed the THA
•
What corrective measures or penalties will be assessed
18.2 Consideration of Remedies
All errors and instances of program abuse will be corrected prospectively. Whether the THA will enforce
other corrective actions and penalties depends upon the nature of the error or program abuse.
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In the case of family-caused errors or program abuse, the THA will take into consideration:
•
The seriousness of the offense and the extent of participation or culpability of individual family
members
•
Any special circumstances surrounding the case
•
Any mitigating circumstances related to the disability of a family member
•
The effects of a particular remedy on family members who were not involved in the offense
18.3 De Minimis Errors
De minimis errors occur when the THA determination of a family’s income deviates from the correct
income determination by no more than $30 per month in monthly adjusted income (or $360 in annual
adjusted income).
As the THA becomes aware of the existence of an income calculation error, it will correct the error(s)
retroactive to the effective date of the action the error was made. Depending upon the family
circumstances and when errors are detected, the THA may take one of the following corrective actions
to credit or repay the family.
•
Repay the family the tenant portion overpayment
•
This may be performed if the family no longer resides in the same unit or a unit under the same
ownership as when the family overpayment was made.
•
Apply the family a credit to reduce the amount of tenant rent to owner until the amount of
family overpayment has been met.
•
This may be performed if the family continues to reside in the same unit as when the
overpayment was made.
Families will not be required to repay the THA in instances where the THA miscalculated income
resulting in a family being undercharged for rent.
18.4 Notice and Effective Dates
The THA will inform the relevant party in writing of its findings and remedies within 10 business days of
the conclusion of the investigation.
The notice will include:
•
A description of the error or program abuse,
•
The basis on which the THA determined the error or program abuses,
•
The remedies to be employed, and
•
The family’s right to appeal the results through an informal review or informal hearing.
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Increases in the participant rent will be implemented retro-actively to the date of the un-reported
increase. The participant may or may not be offered a repayment agreement, based on the seriousness
and length of the unreported income.
Any decreases in participant rent will become effective the first of the month following the discovery or
retro-actively if due to THA error.
In the case of family-caused errors or program abuse, the family will be required to repay any amounts
of rent underpaid. The THA may offer the family a repayment agreement. If the family fails to repay the
amount owed, the THA will terminate the family’s lease.
The THA will reimburse a family for any family overpayment of rent.
18.5 Family Prohibited Actions
THA is committed to assist families to lease safe, decent and affordable housing through the HCV
program assistance. The THA staff must ensure program compliance with federal regulation as well as
provide customer service to the participants. In order for THA to provide these services they must do so
through respectful engagement with our families. The following behaviors by participants or applicants
towards THA staff is not permitted.
•
If the family has engaged in or threatened abusive or violent behavior toward PHA personnel.
•
Use of vulgar, abusive, or threatening language toward staff or other participants
•
Physical aggression or intimidation
•
Repeated disruptions to agency operations or services
•
Disrespectful or discriminatory remarks
•
Any conduct that undermines the safety or integrity of our programs
The THA will provide a verbal warning to families/owners engaged in the above activities to cease their
behavior and to reschedule a meeting to resume HCV business activities when they may do so in a
respectful manner. Failure to comply with this policy will result in termination / denial of the voucher.
Additionally, any of the following will be considered evidence of family/applicant program abuse:
•
Offering bribes or illegal gratuities to the THA Board of Commissioners, employees, contractors,
or other THA representatives
•
Offering payments or other incentives to a third party as an inducement for the third party to
make false or misleading statements to the THA on the family’s behalf
•
Use of a false name or the use of falsified, forged, or altered documents
•
Intentional misreporting of family information or circumstances (e.g., misreporting of income or
family composition)
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•
Omitted facts that were obviously known by a family member (e.g., not reporting employment
income)
•
Admission of program abuse by an adult family member
The THA may determine other actions to be program abuse based upon a preponderance of the
evidence.
18.6 THA Prohibited Activities
Any of the following will be considered evidence of program abuse by THA staff:
•
Failing to comply with any HCV program requirements for personal gain
•
Failing to comply with any HCV program requirements as a result of a conflict of interest
relationship with any applicant or participant
•
Seeking or accepting anything of material value from applicants, participants, owners, vendors,
contractors, or other persons who provide services or materials to the THA
•
Disclosing confidential or proprietary information to outside parties
•
Gaining profit as a result of insider knowledge of THA activities, policies, or practices
•
Misappropriating or misusing HCV funds
•
Destroying, concealing, removing, or inappropriately using any records related to the HCV
program
•
Committing any other corrupt or criminal act in connection with any federal housing program
When the THA determines that program abuse by a family or THA staff member has occurred and the
amount of underpaid rent meets or exceeds the threshold for prosecution under local or state law, the
THA will refer the matter to the appropriate entity for prosecution. When the amount of underpaid rent
meets or exceeds the federal threshold, the case will also be referred to the HUD Office of Inspector
General (OIG).
Other criminal violations related to the HCV program will be referred to the appropriate local, state, or
federal entity.
18.7 Owner Prohibited Activities
Link: Title 18 U.S.C. Section 1001
An owner participating in the HCV program must not:
•
Make any false statement to the THA.
•
Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal
housing program.
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Any of the following will be considered evidence of owner program abuse:
•
Charging the family rent above or below the amount specified by the THA;
•
Charging a security deposit other than that specified in the family’s lease;
•
Charging the family for services that are provided to unassisted tenants at no extra charge;
•
Knowingly accepting housing assistance payments for any month(s) after the family has vacated
the unit;
•
Knowingly accepting incorrect or excess housing assistance payments;
•
Offering bribes or illegal gratuities to the THA Board of Commissioners, employees, contractors,
or other THA representatives;
•
Offering payments or other incentives to an HCV family as an inducement for the family to make
false or misleading statements to the THA; or
•
Residing in the unit with an assisted family.
18.7.1 Owner Remedies and Penalties
In the case of owner-caused errors or program abuse, the THA will take into consideration (1) the
seriousness of the offense; (2) the length of time since the violation has occurred; and (3) the effects of
a particular remedy on family members who were not involved in the offense.
When the THA determines that the owner has committed program abuse, the THA may take any of the
following actions:
•
Terminate the HAP contract.
•
Bar the owner from future participation in any THA programs.
•
Refer the case to state or federal officials including the HUD Office of Inspector General (HUD-
OIG for criminal prosecution.
•
Require the owner to repay excess housing assistance payments.
THA may recover overpaid amounts by withholding housing assistance payments due for subsequent
months either for the assisted unit or for other unit in the owner portfolio. If the debt is large, the THA
A may allow the owner to pay in installments over a period of time.
18.7.2 Corrections to Subsidy Payments
When an incorrect subsidy is identified as a result of an error, program fraud, misrepresentation or
abuse, THA will promptly correct the subsidy under- or overpayment. A subsidy under- or overpayment
includes:
•
An incorrect housing assistance payment to the owner;
•
An incorrect family share established for the family; and
•
An incorrect utility reimbursement to a family.
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Families and owners will be notified of corrective actions and penalties, if any. Increases in the family
share will be implemented retroactively to the date when the change would have otherwise been
effective in the absence of error, fraud or other non-compliant action on the part of the family. If the
error had been the result of THA error, the increase will be effective following 30 day notice of the
change of tenant rent portion. Any decreases in family share will become effective the first of the
month following the event resulting in the decrease. The family will not be reimbursed when the family
caused the underpayment.
Neither a family nor an owner is required to repay an overpayment of subsidy if the error or program
abuse is caused by THA staff.
When efforts to collect monies owed to the THA (as described in the Family or Owner Remedies sections
of this Plan) are unsuccessful, THA may also pursue collection through credit bureaus, small claims court,
civil law suit, state income tax set-off program or other debt recovery solutions.
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Appendix A: Excluded Income
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Appendix B: Excluded Assets from Net Family Assets
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Appendix C: PBV Property Wait List Oversight
1. Purpose
To ensure that all property-maintained Project-Based Voucher (PBV) wait lists are administered
in a fair, consistent, and compliant manner in accordance with HUD requirements and THA
policy.
2. Applicability
This procedure applies to all PBV properties where the wait list is maintained by the owner or
property management agent.
3. THA Oversight Responsibilities
The THA will:
•
Monitor property-maintained wait lists for compliance with HUD regulations and THA
policies.
•
Ensure selection from the wait list is conducted in a fair and nondiscriminatory manner.
•
Verify that all applicants selected meet PBV eligibility requirements.
•
Maintain final approval authority for all admissions to the PBV property.
4. Property/Owner Responsibilities
The owner or property management agent will:
•
Maintain the PBV wait list in accordance with THA policy.
•
Accept and process applications in a consistent and nondiscriminatory manner.
•
Maintain records of all applicants, including updates, withdrawals, and removals.
•
Notify applicants of their status, including placement, selection, or removal from the
wait list.
•
Provide reasonable accommodations when requested.
5. Wait List Management
•
The wait list must be maintained in chronological order unless otherwise approved (e.g.,
randomized position).
•
Any preferences must be approved by the THA and applied consistently.
•
Periodic updates must be conducted to ensure applicant information remains current.
•
Non-responsive applicants may be removed after appropriate notice.
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6. Selection and Referral Process
•
When a unit becomes available, the owner must select applicants in accordance with
the established wait list order and any approved preferences.
•
The owner will refer selected applicants to the THA for eligibility determination. The
referral to the THA for eligibility will include a copy of the wait list to demonstrate the
selection according to position and timeliness of applicant responding with a completed
the application
•
The THA will verify eligibility prior to final approval for admission.
7. Recordkeeping and Reporting
•
The owner must maintain documentation supporting all wait list actions, including
applications, correspondence, and selection decisions.
•
Records must be made available to the THA upon request.
•
The THA may require periodic reporting on wait list status and activity.
8. Compliance and Review
•
The THA will conduct periodic reviews or audits of property-maintained wait lists.
•
Any identified deficiencies must be corrected within a timeframe established by the
THA.
•
Failure to comply may result in corrective action, up to and including reassignment of
wait list administration to the THA.
9. Nondiscrimination and Fair Housing Compliance
All wait list activities must comply with applicable federal, state, and local fair housing and civil
rights requirements.