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The City of Chandler Housing and Redevelopment
Department
Section 8 Housing Choice Voucher
Administrative Plan
2025
Effective 07/01/2025
2
Table of Contents
CHAPTER 1..................................................................................................................... 1
Overview of the Program and Plan.............................................................................. 1
THE PHA.......................................................................................................................... 2
1-I.A. Overview.........................................................................................................2
1-I.B. Organization and Structure of the PHA.......................................................... 2
1-I.C. PHA Mission................................................................................................... 2
1-I.D. The PHA’s Programs......................................................................................3
1-I.E. The PHA’s Commitment to Ethics and Service.............................................. 3
PART II. THE HOUSING CHOICE VOUCHER (HCV) PROGRAM............................. 5
1-II.A. Overview and History of the Program............................................................5
1-II.B. HCV Program Basics.....................................................................................6
1-II.C. The HCV Partnerships...................................................................................6
1-II.D. Applicable Regulations................................................................................10
PART III: THE HCV ADMINISTRATIVE PLAN.......................................................... 11
1-III.A. Overview and Purpose of the Plan............................................................. 11
1-III.B. Contents of the Plan [24 CFR §982.54]......................................................11
1-III.C. Organization of the Plan.............................................................................13
1-III.D. Updating and Revising the Plan................................................................. 13
CHAPTER 2..................................................................................................................... 1
Fair Housing and Equal Opportunity............................................................................ 1
PART I: NONDISCRIMINATION..................................................................................3
2-I.A. Overview.........................................................................................................3
2-I.B. Nondiscrimination........................................................................................... 3
PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES..........................6
2-II.A. Overview........................................................................................................6
2-II.B. Definition of Reasonable Accommodation.....................................................6
2-II.C. Request for an Accommodation.................................................................... 7
2-II.D. Verification of Disability................................................................................. 8
3
2-II.E. Approval/Denial of a Requested Accommodation [Joint Statement of
the Departments Of HUD and Justice: Reasonable
Accommodations Under the Fair Housing Act, PIH Notice 2010-26]
.....................................................................................................................9
2-II.F. Program Accessibility for Persons with Hearing or Vision Impairments
.................................................................................................................. 10
2-II.G. Physical Accessibility.................................................................................. 10
2-II.H. Denial or Termination of Assistance............................................................11
PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH
LIMITED ENGLISH PROFICIENCY (LEP)...................................................... 12
2-III.A. OVERVIEW................................................................................................ 12
2-III.B. Oral Interpretation [Federal Register, January 22, 2007, Final
Guidance to Federal Financial Assistance Recipients Regarding
Title VI, Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons; Notice, Section VI. 7.]....................... 12
2-III.C. Written Translation..................................................................................... 14
2-III.D. Implementation Plan...................................................................................15
CHAPTER 3................................................................................................................. 1
Eligibility....................................................................................................................... 1
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS......................... 2
3-I.A. Overview.........................................................................................................2
3-I.B. Family and Household [24 CFR 5.403; FR Notice 02/03/12; notice
PIH 2014- 20; and fr notice 2/14/23]........................................................... 2
3-I.C. Family Break-Up and Remaining Member of Tenant Family..........................3
3-I.D. Head of Household [24 CFR §5.504(b)].........................................................4
3-I.E. Spouse, Co-head, and Other Adult.................................................................4
3-I.F. DependentS AND MINORS [24 CFR §5.603].................................................5
3-I.G. Full-Time Student [24 CFR §5.603, HVC GB p. 5-29]....................................5
3-I.H. Elderly and Near-Elderly Persons, and Elderly Family [24 CFR §5.100
and 5.403, fr notice 02/03/12]......................................................................5
3-I.I. Persons with Disabilities and Disabled Family [24 CFR §5.403, fr
notice 02/03/12]...........................................................................................6
3-I.J. Guests [24 CFR §5.100]..................................................................................6
3-I.L. Absent Family Members................................................................................. 8
3-I.M. Live-In Aide.................................................................................................... 9
4
PART II: BASIC ELIGIBILITY CRITERIA...................................................................11
3-II.A. INCOME ELIGIBILITY AND TARGETING...................................................11
3-II.B. Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E]..............12
3-II.D. Family Consent to Release of Information [24 CFR §5.232; HCV GB,
p. 5-13]...................................................................................................... 15
3-II.E. Students Enrolled in Institutions of Higher Education [24 CFR
§5.612; FR Notice 4/10/06 FR Notice 09/21/16]....................................... 15
3-II.F. EIV SYSTEM SEARCHES [EIV FAQs; EIV System Training 9/30/20;
and notice pih 2023-27].............................................................................20
PART III: DENIAL OF ASSISTANCE.........................................................................22
3-III.A. Overview.....................................................................................................22
3-III.B. Mandatory Denial of Assistance [24 CFR §982.553(a) and 24 CFR
982.552(b)(6)]............................................................................................23
PHA POLICY.................................................................................................................. 25
3-III.D. other permitted reasons for denial of assistance........................................26
Previous Behavior in Assisted Housing [24 CFR 982.552(c)]................................27
3-III.E. screening.................................................................................................... 29
3-III.H. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, AND HUMAN TRAFFICKING..............................33
CHAPTER 4..................................................................................................................... 1
Applications, Waiting List, and Tenant Selection......................................................... 1
PART I: THE APPLICATION PROCESS..................................................................... 2
4-I.A. Overview.........................................................................................................2
4-I.B. Applying for Assistance [HCV GB, pp. 4-11 – 4-16, notice pih 2009-
36]............................................................................................................... 2
4-I.C. Accessibility of the Application Process......................................................... 3
4-I.D. Placement on the Waiting List........................................................................ 3
PART II: MANAGING THE WAITING LIST..................................................................5
4-II.A. Overview........................................................................................................5
4-II.B. Organization of the Waiting List [24 CFR §982.204 and §982.205].............. 5
4-II.C. Opening and Closing the Waiting List [24 CFR §982.206]............................6
4-II.D. Family Outreach [HCV GB, pp. 4-2 to 4-4].................................................... 7
5
4-II.E. Reporting Changes in Family Circumstances................................................8
4-II.F. Updating the Waiting List [24 CFR §982.204; HCV GB 4.5]..........................8
PART III: SELECTION FOR HCV ASSISTANCE...................................................... 10
4-III.A. Overview.....................................................................................................10
4-III.B. Selection and HCV Funding Sources......................................................... 10
4-III.C. Selection Method........................................................................................10
4-III.D. Notification of Selection.............................................................................. 13
4-III.E. The Application Interview............................................................................14
4-III.F. Completing the Application Process........................................................... 15
CHAPTER 5..................................................................................................................... 1
Briefings and Voucher Issuance...................................................................................1
PART I: BRIEFINGS AND FAMILY OBLIGATIONS.................................................... 2
5-I.A. Overview.........................................................................................................2
5-I.B. Briefing [24 CFR §982.301]............................................................................ 2
5-I.C. Family Obligations.......................................................................................... 8
PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE...............................12
5-II.A. Overview......................................................................................................12
5-II.B. Determining Family Unit (Voucher) Size [24 CFR §982.402]...................... 12
5-II.C. Exceptions to Subsidy Standards................................................................13
5-II.D. Voucher Issuance [24 CFR §982.302]........................................................ 14
5-II.E. Voucher Term and Extensions.................................................................... 15
CHAPTER 6................................................................................................................. 1
Income and Subsidy Determinations [24 CFR Part 5, Subparts E and F; 24
CFR §982]......................................................................................................... 1
PART I: ANNUAL INCOME..........................................................................................2
6-I.A. Overview [24 CFR 5.609].............................................................................. 2
6-I.C. CALCULATING Annual Income..................................................................... 5
6-I.D. Earned Income............................................................................................... 7
6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR
§5.617; Streamlining Final Rule (SFR) Federal Register 3/8/16;
Notice PIH 2023-27].................................................................................... 8
6
6-I.F. Business and self-employment Income [24 CFR §5.609(B)(28); notice
pih 2023-27]................................................................................................ 9
ASSETS OWNED BY A BUSINESS ENTITY................................................................11
6-I.G. student financial assistance......................................................................... 11
TYPES OF ASSISTANCE..............................................................................................13
PART II: ASSETS.......................................................................................................29
6-II.A. OVERVIEW................................................................................................. 29
PART III: ADJUSTED INCOME................................................................................. 40
6-III.A. INTRODUCTION........................................................................................ 40
6-III.C. ELDERLY OR DISABLED FAMILY DEDUCTION......................................41
6-III.D. health and medical care expenses deduction [24 cfr 5.611(a)(3)(i)
and 5.603(b)]............................................................................................. 41
CHAPTER 7................................................................................................................. 1
VERIFICATION [24 CFR §982.516, 24 CFR §982.551, 24 CFR §5.230, Notice
PIH 2023-27]......................................................................................................1
INTRODUCTION..........................................................................................................1
PHA must verify all information that is used to establish the family’s eligibility
and level of assistance and is required to obtain the written authorization
from the family in order to collect the information. Applicants and program
participants must cooperate with the verification process as a condition of
receiving assistance. The PHA must not pass on the cost of verification to
the family........................................................................................................... 1
PART I. GENERAL VERIFICATION REQUIREMENTS.............................................. 2
7-I.A. Family Consent to Release of Information [24 CFR §982.516;
§982.551; CFR §5.230; and notice pih 2023-27]........................................ 2
PART II. VERIFYING FAMILY INFORMATION......................................................... 17
7-II.A. Verification of Legal Identity.........................................................................17
7-II.B. Social Security Numbers [24 CFR §5.216, Notice pih 2023-27]..................17
7-II.C. Documentation of Age................................................................................. 20
7-II.D. Family Relationships................................................................................... 20
7-II.E. Verification of Student Status...................................................................... 21
7-II.F. Documentation of Disability......................................................................... 22
7-II.G. Citizenship or Eligible Immigration Status [24 CFR §5.508]........................24
7
7-II.H. Verification of Preference Status.................................................................25
PART III. VERIFYING INCOME AND ASSETS......................................................... 27
7-III.A. Earned Income........................................................................................... 27
7-III.B. Business and Self Employment Income..................................................... 28
7-III.C. Periodic Payments and Payments In Lieu of Earnings...............................28
7-III.F. Assets and Income from Assets................................................................. 30
7-III.H. Net Income From Rental Property..............................................................32
7-III.J. Retirement Accounts................................................................................... 33
7-III.L. Zero Income Status REVIEWS [Notice PIH 2023-27].................................33
7-III.N. Parental Income of Students Subject to Eligibility Restrictions.................. 34
PART IV. VERIFYING MANDATORY DEDUCTIONS............................................... 36
7-IV.A. Dependent and Elderly/Disabled Household Deductions...........................36
7-IV.B. health and Medical care Expense Deduction.............................................36
7-IV.C. Disability Assistance Expenses..................................................................38
7-IV.D. CHILD CARE EXPENSES......................................................................... 40
Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV
GB, pp. 5-9 and 5-10]...................................................................................... 43
CHAPTER 8................................................................................................................. 1
Housing Quality Standards/Uniform Physical Condition Standards for HCV
(NSPIRE) and Rent Reasonableness Determinations [24 CFR §982
Subpart I; 24 CFR §982.507].............................................................................1
Part I: PHYSICAL STANDARDS..................................................................................3
8-I.A.
General HUD Requirements....................................................................... 3
8-I.B.
Additional Local Requirements....................................................................4
8-I.C.
Life Threatening Conditions [24 CFR §982.404(a): HOTMA, FR
Notice 1/18/17] See Glossary For Additional Clarification and
Examples.....................................................................................................6
8-I.D. Owner and Family Responsibilities [24 Cfr §982.404]....................................8
8-I-E. Special Requirements For Children With Elevated Blood Lead Level
[24 CFR §35.1225; FR Notice 1/13/17; PIH Notice 2017-13]......................9
8-I-F. Violation of NSPIRE Space Standards [24 CFR §982.401, 24 CFR
§982.403].................................................................................................... 9
PART II: THE INSPECTION PROCESS....................................................................10
8-II.A. Overview [24 CFR §982.405]...................................................................... 10
8
8-II.B. Inspection of PHA-Owned Units [24 CFR §982.352(b)].............................. 10
8-II.C. Initial NSPIRE Inspection [24 CFR §982.401(a)].........................................12
8.II.D. Annual/Biennial NSPIRE Inspections [24 CFR §982.405; §982.406,
PIH Notice 2016- 05; HOTMA 2016]......................................................... 14
8-II.E. Special Inspections [24 CFR §982.405(g)]..................................................14
8-II.F. Quality Control Inspections [24 CFR §982.405(b), HCV GB p. 10-32]
.................................................................................................................. 15
8-II.G. INSPECTION RESULTS AND REINSPECTIONS FOR UNITS
UNDER HAP CONTRACT........................................................................ 15
8-II.H. Enforcing Owner Compliance......................................................................17
PART III: RENT REASONABLENESS [24 CFR §982.507]....................................... 18
8-III.A. Overview.....................................................................................................18
8-III.B. When Rent Reasonableness Determinations Are Required.......................18
8-III.C. How Comparability Is Established.............................................................. 20
8-III.D. PHA Rent Reasonableness Methodology.................................................. 21
CHAPTER 9..................................................................................................................... 1
General Leasing Policies..............................................................................................1
9-I.A. Tenant Screening........................................................................................... 1
9-I.B. Requesting Tenancy Approval [Form HUD-52517]........................................ 2
9-I.C. Owner Participation........................................................................................ 3
9-I.D. Eligible Units...................................................................................................4
9-I.E. Lease And Tenancy Addendum..................................................................... 6
9-I.F. Tenancy Approval [24 CFR §982.305]............................................................9
9-I.G. HAP Contract Execution [24 CFR §982.305]............................................... 10
9-I.H. Changes in Lease or Rent [24 CFR §982.308]............................................ 11
CHAPTER 10................................................................................................................... 1
Moving with Continued Assistance and Portability.......................................................1
PART I: MOVING WITH CONTINUED ASSISTANCE.................................................2
10-I.A. Allowable Moves...........................................................................................2
10-I.B. Restrictions on Moves.................................................................................. 3
10-I.C. Moving Process............................................................................................ 5
PART II: PORTABILITY............................................................................................... 7
9
10-II.A. Overview......................................................................................................7
10-II.B. Initial PHA Role............................................................................................7
10-II.C. Receiving PHA Role.................................................................................. 13
CHAPTER 11................................................................................................................... 1
Reexaminations............................................................................................................1
PART I: ANNUAL REEXAMINATIONS [24 CFR §982.516].........................................2
11-I.A. Overview.......................................................................................................2
11-I.B. Scheduling Annual Reexaminations [PIH Notice 2020-32]...........................2
11-I.D. Determining Ongoing Eligibility of Certain Students [24 CFR
§982.552(b)(5)]............................................................................................5
11-I.F. Effective Dates..............................................................................................7
PART II: INTERIM REEXAMINATIONS [24 CFR §982.516; Notice PIH 2023-27]
...........................................................................................................................8
11-II.A. Overview......................................................................................................8
11-II.B. Changes in Family and Household Composition.........................................8
11-II.C. Changes Affecting Income or Expenses................................................... 11
PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT................ 15
11-III.A. Overview...................................................................................................15
11-III.B. Changes in Payment Standards and Utility Allowances...........................15
11-III.C. Notification of New Family Share and HAP Amount.................................17
11-III.D. Discrepancies........................................................................................... 17
CHAPTER 12................................................................................................................... 1
Termination of Assistance and Tenancy...................................................................... 1
PART I: GROUNDS FOR TERMINATION OF ASSISTANCE..................................... 2
12-I.A. Overview.......................................................................................................2
12-I.B. Family No Longer Requires Assistance [24 CFR §982.455]........................ 2
12-I.C. Family Chooses To Terminate Assistance................................................... 2
12-I.D. Mandatory Termination of Assistance.......................................................... 2
12-I.E. Mandatory Policies and Other Authorized Terminations.............................. 5
PART II: APPROACH TO TERMINATION OF ASSISTANCE.....................................9
12-II.A. Overview......................................................................................................9
10
12-II.B. Method of Termination [24 CFR §982.552(a)(3)].........................................9
12-II.C. Alternatives to Termination of Assistance................................................... 9
12-II.D. Criteria for Deciding to Terminate Assistance........................................... 10
12-II.E. Terminating Related to Domestic Violence, Dating Violence, Sexual
Assault, Stalking, or human trafficking...................................................... 12
12-II.F. Termination Notice.....................................................................................15
PART III: TERMINATION OF TENANCY BY THE OWNER......................................16
12-III.A. Overview...................................................................................................16
12-III.B. Grounds for Owner Termination of Tenancy [24 CFR §982.310, 24
CFR 5.2005(C), AND Form HUD-52641-A, Tenancy Addendum]............ 16
12-III.C. Eviction [24 CFR §982.310(e) and (f) and Form HUD-52641-A,
Tenancy Addendum]................................................................................. 18
12-III.D. Deciding Whether to Terminate Tenancy [24 CFR §982.310(h)], [24
CFR §982.310(h)(4)]................................................................................. 19
12-III.E. Effect of tenancy Termination on the Family’s Assistance....................... 19
CHAPTER 13................................................................................................................... 1
Owners.........................................................................................................................1
PART I. OWNERS IN THE HCV PROGRAM...............................................................2
13-I.A. Owner Recruitment and Retention [HCV GB, pp. 2-4 to 2-6; HCV
Landlord Strategy Guidebook for PHA]; Recruitment..................................2
13-I.B. Basic HCV Program Requirements.............................................................. 3
13-I.C. Owner Responsibilities [24 CFR §982.452]..................................................5
13-I.D. Owner Qualifications.................................................................................... 5
13-I.E. Non-Discrimination [HAP Contract – Form HUD-52641].............................. 8
PART II. HAP CONTRACTS........................................................................................9
13-II.A. Overview......................................................................................................9
13-II.B. HAP Contract Contents............................................................................... 9
13-II.C. HAP Contract Payments............................................................................10
13-II.D. Breach of HAP Contract [24 CFR §982.453].............................................12
13-II.E. HAP Contract Term and Terminations.......................................................13
13-II.F. Change in Ownership / Assignment of the HAP Contract..........................15
CHAPTER 14................................................................................................................... 1
11
Program Integrity..........................................................................................................1
PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND
PROGRAM ABUSE........................................................................................... 2
14-I.A. Preventing Errors and Program Abuse.........................................................2
14-I.B. Detecting Errors and Program Abuse...........................................................3
14-I.C. Investigating Errors and Program Abuse......................................................4
PART II: CORRECTIVE MEASURES AND PENALTIES.............................................6
14-II.A. Subsidy Under- Or Overpayments...............................................................6
14-II.B. Family-Caused Errors and Program Abuse.................................................6
14-II.C. Owner-Caused Error or Program Abuse..................................................... 8
14-II.D. PHA-Caused Errors or Program Abuse.......................................................9
14-II.E. Criminal Prosecution..................................................................................10
14-II.F. Fraud And Program Abuse Recoveries..................................................... 11
CHAPTER 15................................................................................................................... 1
Special Housing Types [24 CFR 982, Subpart M; NEW HCV GB, Special
Housing Types]..................................................................................................1
PART I. SINGLE ROOM OCCUPANCY [24 CFR §982.602 through §982.605;
Form HUD-52641, NEW HCV GB, Special Housing Types, p. 4]..................... 2
15-I.A. Overview.......................................................................................................2
15-I.B. Payment Standard, Utility Allowance, and HAP Calculation.........................2
15-I.C. Housing Quality Standards (HQS) – The NSPIRE Protocol will be
used as part of a demonstration program with HUD................................... 2
PART II. CONGREGATE HOUSING [24 CFR §982.606 through §982.609;
Form HUD-52641, NEW HCV GB, Special Housing Types, p. 6]..................... 4
15-II.A. Overview......................................................................................................4
15-II.B. Payment Standard, Utility Allowance, and HAP Calculation........................4
15-II.C. Housing Quality Standards – (Inspections will be conducted as part
of the NSPIRE Demonstration with HUD and all requirements that
are part of the Demonstration).................................................................... 4
PART III. GROUP HOME [24 CFR §982.610 through §982.614; Form HUD-
52641; NEW HCV GB, Special Housing Types, p. 8].......................................5
15-III.A. Overview.....................................................................................................5
15-III.B. Payment Standard, Utility Allowance, and HAP Calculation.......................5
12
15-III.C. Housing Quality Standards - All inspection requirements will be
conducted in alignment with HUD’s NSPIRE Protocol................................ 6
PART IV: SHARED HOUSING [24 CFR §982.615 through §982.618; Form HUD
-52641; Notice PIH 2021-05; NEW HCV GB, Special Housing Types, p.
11]......................................................................................................................7
15-IV.A. Overview.................................................................................................... 7
15-IV.B. Payment Standard, Utility Allowance and HAP Calculation....................... 9
15-IV.C. Housing Quality Standards - All inspection requirements will be
conducted in alignment with HUD’s NSPIRE Protocol.............................. 10
PART V. COOPERATIVE HOUSING [24 CFR §982.619; NEW HCV GB,
Special Housing Types, p. 14]......................................................................... 10
15-V.A. Overview................................................................................................... 10
15-V.B. Payment Standard, Utility Allowance and HAP Calculation...................... 11
15-V.C. Housing Quality Standards - All inspection requirements will be
conducted in alignment with HUD’s NSPIRE Protocol.............................. 11
PART VI. MANUFACTURED HOMES [24 CFR §982.620 through §982.624; FR
Notice 1/18/17; NEW HCV GB, Special Housing Types, p. 15].......................11
15-VI.A. Overview.................................................................................................. 11
15-VI.B. Special REQUIREMENTS For Manufactured Home Owners Who
Lease A Space.......................................................................................... 12
15-VI.C. Payment Standard, Utility Allowance and HAP Calculation [FR
Notice 1/18/17].......................................................................................... 12
15-VI.D. Housing Quality Standards - All inspection requirements will be
conducted in alignment with HUD’s NSPIRE Protocol.............................. 13
PART VII. HOMEOWNERSHIP [24 CFR §982.625 through §982.643].....................14
15-VII.A. Overview [24 CFR §982.625]..................................................................14
15-VII.B. Family Eligibility [24 CFR §982.627]....................................................... 14
15-VII.C. Selection of Families [24 CFR §982.626]................................................16
15-VII.D. Eligible Units [24 CFR §982.628]............................................................16
15-VII.E. Additional PHA Requirements for Search and Purchase [24 CFR §
982.629].................................................................................................... 17
15-VII.F. Homeownership Counseling [24 CFR §982.630].................................... 18
15-VII.G. Home Inspections, Contract of Sale, and PHA Disapproval of
Seller [24 CFR §982.631]..........................................................................19
15-VII.H. Financing [24 CFR §982.632]................................................................. 21
13
15-VII.I. Continued Assistance Requirements; Family Obligations [24 CFR
§982.633].................................................................................................. 21
15-VII.J. Maximum Term of Homeowner Assistance [24 CFR §982.634].............. 22
15-VII.K. Homeownership Assistance Payments and Homeownership
Expenses [24 CFR §982.635]................................................................... 23
15-VII.L. Portability [24 CFR §982.636, §982.637, §982.353(b); (c);
§982.552; §982.553]................................................................................. 25
15-VII.M. Moving With Continued Assistance [24 CFR §982.637].........................25
15-VII.N. Denial or Termination of Assistance [24 CFR §982.638]........................26
CHAPTER 16................................................................................................................... 1
Program Administration................................................................................................1
PART I: ADMINISTRATIVE FEE RESERVE [24 CFR §982.155]................................2
PART II: SETTING PROGRAM STANDARDS AND SCHEDULES.............................3
16-II.A. Overview......................................................................................................3
16-II.B. PAYMENT STANDARDS [24 CFR §982.503; HCV GB, Chapter 7]........... 3
16-II.C. Utility Allowances [24 CFR §982.517]......................................................... 6
PART III: INFORMAL REVIEWS AND HEARINGS..................................................... 8
16-III.A. Overview.....................................................................................................8
16-III.C. Informal Hearings For Participants [24 CFR §982.555]............................13
16-III.D. Hearing and Appeal Provisions for Non-Citizens [24 CFR §5.514]
.................................................................................................................. 22
PART IV: OWNER OR FAMILY DEBTS TO THE PHA..............................................26
16-IV.A. Overview.................................................................................................. 26
16-IV.B. Repayment Policy.................................................................................... 26
PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP)......... 30
16-V.A. Overview................................................................................................... 30
16-V.B. SEMAP Certification [24 CFR §985.101].................................................. 30
16-V.C. SEMAP Indicators [24 CFR §985.3; form HUD-52648]............................ 31
PART VI: RECORD KEEPING...................................................................................35
16-VI.A. Overview.................................................................................................. 35
16-VI.B. Record Retention [24 CFR §982.158; 24 CFR §908.101]........................35
PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH
ELEVATED BLOOD LEAD LEVEL..................................................................39
14
16-VII.A. Overview................................................................................................. 39
The PHA has certain responsibilities relative to children with elevated blood
lead levels that are receiving HCV assistance. The notification,
verification, and hazard reduction requirements are discussed in
Chapter 8. This part deals with the reporting requirements, and data
collection and record keeping responsibilities to which the PHA is
subject.16-VII.B. Reporting Requirement [24 CFR §35.1225(e); PIH
Notice 2017-13]......................................................................................... 39
16-VII.C. Data Collection and Record Keeping [24 CFR §35.1225(f)]................... 39
PART VIII: DETERMINATION OF INSUFFICIENT FUNDING.................................. 40
16-VIII.A. Overview................................................................................................ 40
16-VIII.B. Methodology...........................................................................................40
PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION,
DOCUMENTATION, CONFIDENTIALITY....................................................... 41
16-IX.A. Overview.................................................................................................. 41
16-IX.B. Definitions [24 CFR 5.2003; 42 USC 13925]............................................41
16-IX.C. NOTIFICATION [24 CFR §5.2005(a)]...................................................... 43
Notification to Program Applicants and Participants [24 CFR §5.2005(a)(1)]
.................................................................................................................. 44
16-IX.D. Documentation [24 CFR §5.2007]............................................................45
16-IX.E. Confidentiality [24 CFR §5.2007(b)(4)].....................................................47
Exhibit 16-1: Notice of Occupancy Rights Under the Violence Against Women
Act, form HUD 5380.........................................................................................48
City of Chandler Housing and Redevelopment Division Notice of Occupancy
Rights under the Violence Against Women Act (VAWA)................................. 48
Exhibit 16-2: Certification of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking and Alternate Documentation, Form HUD-5382.............. 53
EXHIBIT 16-3: EMERGENCY TRANSFER PLAN FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING (HCV VERSION)...........................................................................55
Attachment: Certification form HUD-5382..................................................................55
City of Chandler Housing and Redevelopment Division Emergency Transfer
Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault,
or Stalking Housing Choice Voucher Program................................................ 55
EXHIBIT 16-4: EMERGENCY TRANSFER REQUEST FOR CERTAIN VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
OR STALKING, FORM HUD-5383.................................................................. 58
15
EXHIBIT 16-5: MODEL OWNER NOTIFICATION OF RIGHTS AND
OBLIGATIONS................................................................................................ 61
NOTIFICATION OF YOUR RIGHTS AND OBLIGATIONS UNDER THE
VIOLENCE AGAINST WOMEN ACT (VAWA)................................................ 61
ADDENDUM TO HCV ADMINISTRATIVE PLAN STATEMENT................................67
AFFIRMATIVELY FURTHERING FAIR HOUSING....................................................67
Addendum to the HCV Administrative Plan Statement Regarding the Steps the
PHA will take to Affirmatively Further Fair Housing......................................... 67
CHAPTER 17................................................................................................................... 1
PROJECT-BASED VOUCHERS..................................................................................1
THIS CHAPTER DESCRIBES HUD REGULATIONS AND PHA POLICIES RELATED
TO THE PROJECT-BASED VOUCHER (PBV) PROGRAM IN NINE PARTS:................1
PART I: GENERAL REQUIREMENTS.........................................................................2
PART II: PBV OWNER PROPOSALS..........................................................................4
PART III: DWELLING UNITS..................................................................................... 15
PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS........................ 18
PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP)....................... 20
PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS..................................26
PART VII: OCCUPANCY........................................................................................... 31
PART VIII: DETERMINING RENT TO OWNER.........................................................37
PART IX: PAYMENTS TO OWNER...........................................................................43
PHA POLICY.................................................................................................................. 32
WHEN THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, OR HUMAN TRAFFICKING HAS LIVED IN THE UNIT FOR
LESS THAN ONE YEAR, THE PHA WILL PROVIDE SEVERAL OPTIONS FOR
CONTINUED ASSISTANCE.......................................................................................... 32
THE PHA WILL FIRST TRY TO TRANSFER THE PARTICIPANT TO ANOTHER PBV
UNIT IN THE SAME DEVELOPMENT OR TRANSFER TO A DIFFERENT
DEVELOPMENT WHERE THE PHA HAS PBV UNITS. THE PHA WILL EXPEDITE
THE ADMINISTRATIVE PROCESSES IN THIS CASE IN AN EFFORT TO CONDUCT
THE TRANSFER AS QUICKLY AS POSSIBLE. IF ASSISTANCE IS TRANSFERRED
16
TO ANOTHER DEVELOPMENT, THE PHA WILL GIVE PRIORITY TO THE
PARTICIPANT ON THE OTHER DEVELOPMENT’S WAITING LIST........................... 32
IF NO UNITS ARE AVAILABLE FOR AN INTERNAL TRANSFER TO A PBV
DEVELOPMENT OR IF THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH
A TRANSFER WOULD PUT THE VICTIM IN JEOPARDY, THE PARTICIPANT MAY
RECEIVE CONTINUED ASSISTANCE THROUGH AN EXTERNAL TRANSFER TO
EITHER TENANT-BASED RENTAL ASSISTANCE (HCV) OR ASSISTANCE IN THE
PHA’S PUBLIC HOUSING PROGRAM. SUCH A DECISION WILL BE MADE BY THE
PHA BASED ON THE AVAILABILITY OF TENANT-BASED VOUCHERS AND/OR
VACANCIES IN PUBLIC HOUSING UNITS. SUCH FAMILIES MUST BE SELECTED
FROM THE WAITING LIST FOR THE APPLICABLE PROGRAM. THE PHA HAS
ADOPTED A WAITING LIST PREFERENCE FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND HUMAN
TRAFFICKING IN BOTH ITS HCV AND PUBLIC HOUSING PROGRAMS IN ORDER
TO EXPEDITE THIS PROCESS. SEE SECTION 4-III.C. OF THIS ADMINISTRATIVE
PLAN.............................................................................................................................. 32
IF A VICTIM WISHES TO MOVE AFTER A YEAR OF OCCUPANCY IN THE UNIT,
BUT NO TENANT-BASED VOUCHERS ARE AVAILABLE, THE PHA WILL OFFER
THE PARTICIPANT AN INTERNAL TRANSFER TO ANOTHER PBV UNIT IN THE
SAME DEVELOPMENT OR A TRANSFER TO A DIFFERENT DEVELOPMENT
WHERE THE PHA HAS PBV UNITS. THE PHA WILL EXPEDITE THE
ADMINISTRATIVE PROCESSES IN THIS CASE IN AN EFFORT TO CONDUCT THE
TRANSFER AS QUICKLY AS POSSIBLE..................................................................... 33
IF NO UNITS ARE AVAILABLE FOR AN INTERNAL TRANSFER, OR IF THERE IS
REASONABLE CAUSE TO BELIEVE THAT SUCH A TRANSFER WOULD PUT THE
VICTIM IN JEOPARDY, THE PARTICIPANT MAY RECEIVE CONTINUED
ASSISTANCE THROUGH AN EXTERNAL TRANSFER TO THE PHA’S PUBLIC
HOUSING PROGRAM. THE PHA HAS ADOPTED A WAITING LIST PREFERENCE
FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND HUMAN TRAFFICKING AS PART OF THE PUBLIC HOUSING ACOP
IN ORDER TO EXPEDITE THIS PROCESS................................................................. 33
CHAPTER 19............................................................................................................... 1
SPECIAL PROGRAMS................................................................................................ 1
As of July 1, 2023, the Emergency Housing Voucher (EHV) Chapter 18 will now
be changed to “Chapter 19, Special Programs” to reflect inclusion of
Veteran’s Affairs Supportive Housing (VASH) and Emergency Housing
Voucher (EHV) policies......................................................................................1
Part I 1
EMERGENCY HOUSING VOUCHERS.......................................................................1
17
Except as addressed by this chapter and as required under federal statute
and HUD requirements, the general requirements of the HCV
program apply to EHV PROGRAM PARTICIPANTS.................................. 2
Funding.................................................................................................................... 2
19-I.A. FUNDING OVERVIEW................................................................................. 2
19-I.B. SERVICE FEES............................................................................................3
PARTNERING AGENCIES.......................................................................................... 5
19-I.C. CONTINUUM OF CARE (CoC).................................................................... 5
19-i.d. OTHER PARTNERING ORGANIZATIONS.................................................. 5
19-i.e. REFERRALS.................................................................................................5
WAITING LIST MANAGEMENT...................................................................................6
19-i.f. HCV WAITING LIST.......................................................................................6
DESCRIBE THE ELIGIBLE POPULATIONS TO WHICH EHVS ARE LIMITED:
HOMELESS; AT RISK OF HOMELESSNESS; FLEEING OR ATTEMPTING TO FLEE,
DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR HUMAN
TRAFFICKING; OR RECENTLY HOMELESS AND FOR WHOM PROVIDING RENTAL
ASSISTANCE WILL PREVENT THE FAMILY’S HOMELESSNESS OR HAVING HIGH
RISK OF HOUSING INSTABILITY...................................................................................6
CLEARLY STATE THAT THE AVAILABILITY OF THESE EHVS IS MANAGED
THROUGH A DIRECT REFERRAL PROCESS:..............................................................6
19-i.g. EHV WAITING LIST...................................................................................... 7
19-i.h. PREFERENCES........................................................................................... 7
FAMILY ELIGIBLTY..................................................................................................... 8
19-i.i. OVERVIEW.................................................................................................... 8
19-i.j. REFERRING AGENCY DETERMINATION OF ELIGIBLITY......................... 8
19-i.k. PHA SCREENING.........................................................................................8
19-i.l. INCOME VERIFICATION AT ADMISSION.................................................. 10
19-i.m. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS
VERIFICATION......................................................................................... 11
18-i.n. AGE AND DISABILITY VERIFICATION......................................................11
19-i.o. INCOME TARGETING................................................................................ 12
HOUSING SEARCH AND LEASING......................................................................... 12
19-i.p. INITIAL VOUCHER TERM.......................................................................... 12
19-I.Q. HOUSING SEARCH ASSISTANCE...........................................................12
18
19-I.R. HOUSING PRE-INSPECTIONS.................................................................14
19-I.S. INITIAL LEASE TERM................................................................................14
19-I.T. PAYMENT STANDARDS........................................................................... 16
19-I.U. TERMINATION OF VOUCHERS............................................................... 16
USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS.................................17
Attachment 2 of Notice PIH 2021-15 - Sample MOU Template.................................18
Check only one box and complete only that section.................................................. 21
VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH).........................................24
PART II.......................................................................................................................24
GLOSSARY..................................................................................................................1
19
20
Introduction
HOTMA CHANGES IN THE ADMINSTRATIVE PLAN
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016
(HOTMA) was signed into law. HOTMA made numerous changes to statutes governing
HUD programs, including sections of the United States Housing Act of 1937. Title I of
HOTMA contains 14 different sections that impact the public housing and Section 8
programs.
HOTMA 102/104
HUD published a final rule on February 14, 2023, revising regulations related to income,
assets, adjusted income, verification, and reexams (among others) to implement
Sections 102 and 104 of HOTMA. While the new regulations were effective January 1,
2024, HUD has delayed the compliance date for HOTMA 102/104. Initially, HUD
published a delayed compliance date of January 1, 2025, but HUD again delayed the
compliance date for HOTMA 102/104 and no new date has been provided. Compliance
with Sections 102 and 104 of HOTMA means not only applying HOTMA 102/104
regulations to affected programs but also reporting in HUD’s new Housing Information
Portal (HIP) system. Currently, PHAs remain unable to comply with HOTMA 102/104
because compliance depends on transitioning from HUD’s IMS/PIC system (which is
unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system
(which will be the only system that accepts HOTMA-compliant Form HUD-50058). PHAs
cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible.
However, HUD has determined that a few HOTMA 102/104 policies are not dependent
on transition systems and are easily isolated from other HOTMA 102/104 policy
changes. These policies may be implemented prior to the migration to HIP.
HUD stated that PHAs may update their policy documents before determining the date
at which they will transition to all HOTMA Section 102 and 104 policies. HUD stated that
in order to update their policy documents for HOTMA in this circumstance, PHAs may
create an appendix that contains the HOTMA policies that will be incorporated at a later
date. The model policy adopts such an approach. HOTMA 102/104 policies are
provided in each affected area of the model policy. However, with the exception of the
policies HUD has indicated may be adopted early, HOTMA policies that are “on hold”
are indicated in the model policy as such. Further, an appendix has been provided to
explicitly call out those policies that are on hold.
21
HOTMA VOUCHER FINAL RULE
The final rule implementing streamlining changes to the HCV and PBV programs was
published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106,
and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule
discussed above. The rule is known as the “HOTMA voucher final rule.” The effective
date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for
certain provisions of the rule is the same as the effective date, the compliance date for
other provisions is not until 90 days, 180 days, or one year after the effective date.
Further, many new changes to the regulations described in the HOTMA voucher final
rule require changes to the PHA’s administrative plan. PHAs must make all revisions
needed to bring existing policies into compliance with the final rule no later than June 6,
2025 (one year after the effective date). However, if a PHA wishes to use program
flexibilities requiring adoption of new local policies not already present in the PHA’s
administrative plan, the PHA must add those policies to the administrative plan prior to
using those program flexibilities.
Further, the delayed compliance date for policies of June 6, 2025, does not authorize
delayed compliance with the provisions of the rule. PHAs that choose not to bring their
policies into compliance with the rule until June 6, 2025, must still implement each
provision on its compliance date.
In order to identify those provisions of the final rule that are not effective until after June
6, 2024, the model policy states that certain policies are not effective until a specific
date.
22
ABOUT THE ADMINISTRATIVE PLAN
REFERENCES CITED IN THE ADMINISTRATIVE PLAN
The authority for PHA policies is derived from many sources. Primary among these
sources are federal statutes, federal regulations, and guidance issued by HUD. State
law also directs PHA policy. State law must be followed where such law exists and does
not conflict with federal regulations. Industry practice may also be used to develop
policy as long as it does not conflict with federal requirements or prohibitions.
HUD
HUD provides the primary source of PHA policy through federal regulations, HUD
notices, and handbooks. Compliance with federal regulations, current HUD notices, and
current HUD handbooks is mandatory.
HUD also provides guidance to PHAs through other means such as HUD-published
guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD
guidance is optional, as long as PHA policies comply with federal law, federal
regulations and mandatory policy. Because HUD has already determined that the
guidance it provides is consistent with mandatory policies, PHA reliance on HUD
guidance provides the PHA with a “safe harbor.”
Material posted on the HUD website can provide further clarification of HUD policies.
For example, FAQs on the HUD website can provide direction on the application of
federal regulations in various aspects of the program.
State Law
Where there is no mandatory federal guidance, PHAs must comply with state law, if it
exists. Where state law is more restrictive than federal law, but does not conflict with it,
the PHA should follow the state law.
Industry Practice
Where no law or HUD authority exists on a particular subject, industry practice may
support PHA policy. Industry practice refers to a way of doing things or a policy that has
been adopted by a majority of PHAs.
23
NSPIRE AND HQS IN THE ADMINISTRATIVE PLAN
The PHA must determine that the rental unit selected by the family is in safe and
habitable condition at certain times prescribed by the regulations. The current applicable
inspection standard for the HCV and PBV programs is Housing Quality Standards
(HQS). On May 11, 2023, HUD published a final rule implementing the National
Standards for the Physical Inspection of Real Estate (NSPIRE final rule), a new
approach to defining and assessing housing quality across multiple HUD programs. 24
CFR 5.703 describes the NSPIRE standards, including variations for the HCV and PBV
programs. Notice PIH 2023-28 finalized the administrative procedures for NSPIRE as
they pertain specifically to the HCV and PBV programs. Collectively, this is known as
“NSPIRE-V.”
The compliance date for NSPIRE-V is no later than October 1, 2025, at which point the
HQS inspection standard will sunset. PHAs may, however, implement NSPIRE-V prior
to October 1, 2025, provided they do so in accordance with requirements in FR Notice
2024-14718, 7/5/24.
However, even once the HQS inspection standard has sunset, the regulations at 24
CFR Part 982 and 983 governing the HCV and PBV programs will continue to use the
terms HQS and housing quality standards rather than NSPIRE. This is because, the
definition of housing quality standards (HQS) at 24 CFR 982.4 means the minimum
quality standards developed by HUD in accordance with 24 CFR 5.703 for the HCV
program, including any variations approved by HUD for the PHA. As such, the model
policy uses the term housing quality standards whenever applicable regulations use this
term. Except in the chapter describing HQS, the acronym HQS is not used in the model
policy in order to avoid confusion between the umbrella term meaning housing
standards and the specific inspection protocol. The model policy only uses the term
NSPIRE when referring to specific NSPIRE standards.
HOTMA SECTIONS 102 AND 104 CHANGES IN THE MODEL POLICY
HUD’s final rule published on February 14, 2023 made the new income and asset
regulations effective January 1, 2024. However, PHAs were instructed to select a
compliance date no later than January 1, 2025. To date, PHAs remain unable to select
a compliance date because HOTMA compliance depends on transitioning from HUD’s
IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to
HUD’s new HIP system (which will be the only system that accepts HOTMA-compliant
Form HUD-50058). Because HOTMA-compliant reexaminations cannot be successfully
submitted to IMS/PIC, HUD advised PHAs not to begin conducting reexaminations
under HOTMA rules without further information on when the new HOTMA-compliant
Form HUD-50058 in HIP will be available. PHAs cannot transition to HOTMA until HIP is
in place, HOTMA-compliant, and accessible.
24
RESOURCES CITED IN THE ADMINISTRATIVE PLAN
The administrative plan cites several documents. Where a document or resource is
cited frequently, it may be abbreviated. Where it is cited only once or twice, the
administrative plan may contain the entire name of the document or resource. Following
is a key to abbreviations used for various sources that are frequently cited in the
administrative plan and a list of references and document locations that are referenced
in the administrative plan or that may be helpful.
25
HUD HCV Guidebook
In November 2019 HUD began issuing a new version of the HCV Guidebook chapter-by
-chapter. Unlike the previous version of the HCV Guidebook in which chapters were
numbered, the new version of the guidebook includes chapter names, but no numbers.
As the new version of the guidebook has not yet been fully released, and since the
previous version of the guidebook contains guidance not found in the new version, the
policy cites both versions of the guidebook. Therefore, where the HCV Guidebook is
cited in the policy, the citation will make a distinction between the “old” and “new”
versions of the guidebook. The “old” version of the guidebook will continue to be cited
as HCV GB with a chapter/page reference (example: HCV GB, p. 5-4). If HUD has also
released a new chapter on the same topic with information that either adds new
information or updates existing information from the previous guidebook, the new
guidebook will be cited as New HCV GB with a chapter title and page reference
(example: New HCV GB, Payment Standards, p. 11). On September 29, 2023, HUD
issued Notice PIH 2023-27 to implement sections 102 and 104 of HOTMA. The notice
supersedes relevant portions of the guidebook, specifically the chapters on eligibility,
denials, and annual reexaminations and interim reexaminations. Where chapters have
not been altered by the HOTMA implementation notice, the model policy continues to
cite the HCV Guidebook.
Abbreviations
Throughout the administrative plan, abbreviations are used to designate certain
documents in citations. The following is a table of abbreviations of documents cited in
the administrative plan.
Abbreviation
Document
CFR
Code of Federal Regulations
HCV GB
Housing Choice Voucher Program Guidebook (7420.10G), April
2001.
New HCV GB
Housing Choice Voucher Program Guidebook (7420.10G),
Various dates of release
HUD-50058
IB
HUD-50058 Instruction Booklet
RHIIP FAQs
Rental Housing Integrity Improvement Program (RHIIP)
Frequently Asked Questions.
VG
PIH Notice 2004-01 Verification Guidance, March 9, 2004.
HB 4350.3
Occupancy Requirements of Subsidized Multifamily Housing
Programs
Resources and Where to Find Them
The HUD website is https://www.hud.gov/.
Guidebooks, handbooks, and other HUD resources may be found at the HUDClips
website: https://www.hud.gov/program_offices/administration/hudclips.
26
Following is a list of resources helpful to the PHA or referenced in the administrative
plan, and the online location of each.
Document and Location
Code of Federal Regulations
https://www.ecfr.gov/
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule
http://edocket.access.gpo.gov/2008/pdf/E8-19435.pdf
Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data
https://www.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF
Executive Order 11063
https://www.archives.gov/federal-register/codification/executive-order/11063.html
Federal Register
https://www.federalregister.gov/
Housing Choice Voucher Program Guidebook (7420.10G), Updated Chapters
https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/guidebook
HOTMA Final Rule
https://www.federalregister.gov/documents/2023/02/14/2023-01617/housing-opportunity-through-
modernization-act-of-2016-implementation-of-sections-102-103-and-
104?utm_campaign=subscription+mailing+list&utm_source=federalregister.gov&utm_medium=email
HOTMA Implementation Notice, PIH 2023-27
https://www.hud.gov/sites/dfiles/OCHCO/documents/2023-27pihn.pdf
Joint Statement of the Department of Housing and Urban Development and the Department of Justice,
issued May 17, 2004
https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf
27
Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National
Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007
https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf
Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice
https://www.hud.gov/sites/documents/DOC_8993.PDF
Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income
Verification (EIV) System
https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF
VAWA Resources
https://www.hud.gov/vawa
1 - 0
CHAPTER 1
Overview of the Program and Plan
Introduction
The PHA receives its funding for the Housing Choice Voucher (HCV) program from the
Department of Housing and Urban Development. The PHA is not a federal department
or agency. A public housing agency (PHA) is a governmental or public body, created
and authorized by state law to develop and operate housing and housing programs for
low-income families. The PHA enters into an Annual Contributions Contract with HUD to
administer the program requirements on behalf of HUD. The PHA must ensure
compliance with federal laws, regulations, and notices and must establish policy and
procedures to clarify federal requirements and to ensure consistency in program
operation.
This chapter contains information about the PHA and its programs with emphasis on the
HCV program. It also contains information about the purpose, intent and use of the plan
and guide.
There are three parts to this chapter:
Part I: The Public Housing Agency (PHA). This part includes a description of
the PHA, its jurisdiction, its programs, and its mission and intent.
Part II: The HCV Program. This part contains information about the Housing
Choice Voucher program operation, roles and responsibilities, and partnerships.
Part III: The HCV Administrative Plan. This part discusses the purpose and
organization of the plan and its revision requirements.
1 - 1
THE PHA
1-I.A. OVERVIEW
This part explains the origin of the PHA’s creation and authorization, the general
structure of the organization, and the relationship between the PHA Board and staff.
1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA
The Section 8 tenant-based Housing Choice Voucher (HCV) assistance program is
funded by the federal government and administered by the City of Chandler Housing
and Redevelopment Division for the jurisdiction of the City of Chandler.
The officials of a PHA are known as commissioners or, collectively, as the board of
commissioners.
Commissioners are appointed in accordance with state housing law and generally serve
in the same capacity as the directors of a corporation, establishing policies under which
the PHA conducts business, ensuring that policies are followed by PHA staff and
ensuring that the PHA is successful in its mission. The board is responsible for
preserving and expanding the agency’s resources and assuring the agency’s continued
viability.
Formal actions of the PHA are taken through written resolutions, adopted by the board
of commissioners, and entered into the official records of the PHA.
The principal staff member of the PHA is the housing manager (ED), hired and
appointed by the board of commissioners. The housing manager is directly responsible
for carrying out the policies established by the board and is delegated the responsibility
for hiring, training, and supervising the PHA staff in order to manage the day-to-day
operations of the PHA. The housing manager is responsible for ensuring compliance
with federal and state laws and directives for the programs managed. In addition, the
housing manager’s duties include budgeting and financial planning for the agency.
1-I.C. PHA MISSION
The purpose of a mission statement is to communicate the purpose of the agency to
people inside and outside of the agency. It provides guiding direction for developing
strategy, defining critical success factors, searching out key opportunities, making
resource allocation choices, satisfying clients and stakeholders, and making decisions.
PHA Policy
Vision Statement: The City of Chandler, Housing and Redevelopment Division,
together with our community partners dedicate ourselves to creating and
sustaining healthy, diverse neighborhood housing opportunities that promote
individual responsibility, economic growth, human dignity, and hope for the
future.
1 - 2
Having a quality living environment in a sustainable neighborhood is the
foundation of society and our community. Providing the structural foundation for
quality life fosters hope and facilitates a pathway to meeting other needs and
goals.
Responsible and respectful people deserve the opportunity to contribute to
attaining an efficient, functional, quality home and neighborhood in which we can
all have pride.
Mission Statement: It is the mission of the City of Chandler Housing and
Redevelopment Division, together with our community partners to work in
ensuring affordable and other housing opportunities are available for those
families that are in need within our community.
1-I.D. THE PHA’S PROGRAMS
The following programs are included under this administrative plan:
PHA Policy
The PHA’s administrative plan is applicable to the operation of the Housing
Choice Voucher program.
1-I.E. THE PHA’S COMMITMENT TO ETHICS AND SERVICE
As a public service agency, the PHA is committed to providing excellent service to HCV
program participants, owners, and to the community. The PHA’s standards include:
Administer applicable federal and state laws and regulations to achieve high
ratings in performance measurement indicators while maintaining efficiency in
program operation to ensure fair and consistent treatment of clients served.
Provide decent, safe, and sanitary housing – in compliance with program
inspection standards (NSPIRE) – for very low-income families while ensuring that
family rents are fair, reasonable, and affordable.
Encourage self-sufficiency of participant families and assist in the expansion of
family opportunities which address educational, socio-economic, recreational,
and other human service needs.
Promote fair housing and the equal opportunity for very low-income families of all
ethnic backgrounds to experience freedom of housing choice.
Promote a housing program, which maintains quality service and integrity while
providing an incentive to private property owners to rent to very low-income
families.
1 - 3
Promote a market-driven housing program that will help qualified low-income
families be successful in obtaining affordable housing and increase the supply of
housing choices for such families.
Create positive public awareness and expand the level of family, owner, and
community support in accomplishing the PHA’s mission.
Attain and maintain a high level of standards and professionalism in day-to-day
management of all program components.
Administer an efficient, high-performing agency through continuous improvement
of the PHA’s support systems and a high level of commitment to our employees
and their development.
The PHA will make every effort to keep program participants informed of HCV program
rules and regulations, and to advise participants of how the program rules affect them.
1 - 4
PART II. THE HOUSING CHOICE VOUCHER (HCV) PROGRAM
1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM
The intent of this section is to provide the public and staff with information related to the
overall operation of the program. There have been many changes to the program since
its inception in 1974 and a brief history of the program will assist the reader to better
understand the program.
The United States Housing Act of 1937 (the “Act”) is responsible for the birth of federal
housing program initiatives. The Act was intended to provide financial assistance to
states and cities for public works projects, slum clearance, and the development of
affordable housing developments for low-income residents.
The Housing and Community Development (HCD) Act of 1974 created a new federally
assisted housing program – the Section 8 Existing program (also known as the Section
8 Certificate program). The HCD Act represented a significant shift in federal housing
strategy from locally owned public housing to privately owned rental housing.
Under the Certificate program, federal housing assistance payments were made directly
to private owners of rental housing, where this housing was made available to lower-
income families. Eligible families were able to select housing in the private rental
market. Assuming that the housing met certain basic physical standards of quality and
was within certain HUD-established rent limitations (“fair market rents”), the family
would be able to receive rental assistance in the housing unit. Family contribution to
rent was generally set at 30 percent of the family’s adjusted income, with the remainder
of the rent paid by the program.
Another unique feature of the Certificate program was that the rental assistance
remained with the eligible family, if the family chose to move to another privately-owned
rental unit that met program requirements (in contrast to the public housing program
where the rental assistance remains with the unit, should the family decide to move).
Consequently, the Certificate program was characterized as tenant-based assistance,
rather than unit-based assistance.
The Housing and Community Development (HCD) Act of 1987 authorized a new version
of tenant- based assistance – the Section 8 Voucher program. The Voucher program
was very similar to the Certificate program in that eligible families were able to select
housing in the private rental market and receive assistance in that housing unit.
However, the Voucher program permitted families more options in housing selection.
Rental housing still had to meet the basic housing quality standards, but there was no
fair market rent limitation on rent. In addition, family contribution to rent was not set at a
limit of 30 percent of adjusted income. Consequently, depending on the actual rental
cost of the unit selected, a family might pay more or less than 30 percent of their
adjusted income for rent.
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From 1987 through 1999, public housing agencies managed both the Certificate and
Voucher tenant- based assistance programs, with separate rules and requirements for
each. From 1994 through 1998, HUD published a series of new rules, known as
“conforming” rules, to more closely combine and align the two similar housing programs,
to the extent permitted by the law.
In 1998, the Quality Housing and Work Responsibility Act (QHWRA) – also known as
the Public Housing Reform Act – was signed into law. QHWRA eliminated all statutory
differences between the Certificate and Voucher tenant-based programs and required
that the two programs be merged into a single tenant-based assistance program, now
known as the Housing Choice Voucher (HCV) program.
The HCV program was modeled closely on the pre-merger Voucher program. However,
unlike the pre-merger Voucher program, the HCV program requires an assisted family
to pay at least 30 percent of adjusted income for rent.
The transition of assistance from the Certificate and Voucher programs to the new HCV
program began in October 1999. By October 2001, all families receiving tenant-based
assistance were converted to the HCV program.
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016
(HOTMA) was signed into law. HOTMA made numerous changes to statutes governing
HUD programs, including sections of the United States Housing Act of 1937. Title I of
HOTMA contains 14 different sections that impact the public housing and Section 8
programs.
The Final Rule implementing broad changes to income and assets in Sections
102 and 104 of HOTMA, and for PHAs that administer the public housing
program over-income provisions in Section 103, was officially published in the
Federal Register on February 14, 2023. On September 29, 2023, HUD issued
notice PIH 2023-27, which provided guidance to PHAs on the implementation of
the program changes described in the Final Rule. HUD issued a revised version
of the notice on February 2, 2024.
The Final Rule implementing streamlining changes to the HCV and PBV
programs was published on May 7, 2024, and codified certain provisions in
Sections 101, 105, 106, and 112 of HOTMA as well as incorporating changes
from the NSPIRE final rule.
1-II.B. HCV PROGRAM BASICS
The purpose of the HCV program is to provide rental assistance to eligible families. The
rules and regulations of the HCV program are determined by the U.S. Department of
Housing and Urban Development. The PHA is afforded choices in the operation of the
program, which are included in the PHA’s administrative plan, a document approved by
the board of commissioners of the PHA.
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The HCV program offers mobility to eligible families because they may search for
suitable housing anywhere in the PHA’s jurisdiction and may also be eligible to move
under portability to other PHAs’ jurisdictions.
When a family is determined to be eligible for the program and funding is available, the
PHA issues the family a housing voucher. When the family finds a suitable housing unit
and funding is available, the PHA will enter into a contract with the owner and the family
will enter into a lease with the owner. Each party makes their respective payment to the
owner so that the owner receives full rent.
Even though the family is determined to be eligible for the program, the owner has the
responsibility of approving the family as a suitable renter. The PHA continues to make
payments to the owner as long as the family is eligible, and the housing unit continues
to qualify under the program.
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1-II.C. THE HCV PARTNERSHIPS
To administer the HCV program, the PHA enters into a contractual relationship with
HUD (Consolidated Annual Contribution Contract). The PHA also enters into contractual
relationships with the assisted family and the owner or landlord of the housing unit.
For the HCV program to work and be successful, all parties involved – HUD, the PHA,
the owner, and the family – have important roles to play. The roles and responsibilities
of all parties are defined in federal regulations and in legal documents that parties
execute to participate in the program. The following chart illustrates key aspects of
these relationships.
The HCV Relationships:
Congress Appropriates Funding
HUD Provides Funding to PHA
Program Regulations and ACC
specifies PHA Obligations and
Voucher Funding
PHA Administers Program
Voucher specifies Family
Obligations
Housing Assistance Payments
(HAP) Contract specifies Owner
and PHA Obligations
Family
(Program
Participant)
Lease specifies
Tenant and
Landlord
Obligations
Owner/Landlord
(Property
Management)
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What Does HUD Do?
HUD has the following major responsibilities:
Develop regulations, requirements, handbooks, notices, and other guidance to
implement HCV housing program legislation passed by Congress;
Allocate HCV program funds to PHAs;
Provide technical assistance to PHAs on interpreting and applying HCV program
requirements.
Monitor PHA compliance with HCV program requirements and PHA performance
in program administration.
What Does the PHA Do?
The PHA administers the HCV program under contract with HUD and has the following
major responsibilities:
Establish local policies to administer the program;
Review applications from interested applicant to determine whether they are
eligible for the program;
Maintain a waiting list and select families for admission;
Issue voucher to eligible families and provide information on how to lease a unit;
Conduct outreach to owners, with special attention to owners outside areas of
poverty or minority concentration;
Approve the rental unit (including assuring compliance with housing quality
standards and rent reasonableness), the owner, and the tenancy;
Make housing assistance payments to the owner in a timely manner;
Recertify families for continued eligibility under the program;
Ensure that owners and families comply with their contractual obligations;
Provide families and owners with prompt, professional service;
Comply with all fair housing and equal opportunity requirements, HUD
regulations and requirements, the Annual Contributions Contract, HUD-approved
applications for funding, the PHA’s administrative plan, and other applicable
federal, state, and local laws.
What Does the Owner Do?
The owner has the following major responsibilities:
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Screen families who apply for tenancy, to determine suitability as renters.
The PHA can provide some information to the owner, but the primary
responsibility for tenant screening rests with the owner.
The owner should consider family background factors such as rent and bill-
paying history, history of caring for property, respecting the rights of others to
peaceful enjoyment of the property, compliance with essential conditions of
tenancy, whether the family is engaging in drug-related criminal activity or other
criminal activity that might threaten others.
Comply with the terms of the Housing Assistance Payments contract, executed
with the PHA;
Comply with all applicable fair housing laws and do not discriminate against
anyone;
Maintain the housing unit in accordance with minimum quality standards
developed by HUD in accordance with 24 CFR 5.703 (including any variations
approved by HUD for the PHA) and make necessary repairs in a timely manner;
Collect rent due from the assisted family and otherwise comply with and enforce
provisions of the dwelling lease.
The City of Chandler Housing and Redevelopment became part of the Uniform Physical
Conditions Standards
What Does the Family Do?
The family has the following responsibilities:
Provide the PHA with complete and accurate information, determined by the PHA
to be necessary for administration of the program;
Make their best and most timely efforts to locate qualified and suitable housing;
Attend all appointments scheduled by the PHA;
Allow the PHA to inspect the unit at reasonable times and after reasonable
notice;
Take responsibility for care of the housing unit, including any violations of
inspection standards caused by the family;
Comply with the terms of the lease with the owner;
Comply with the family obligations of the voucher;
Not commit serious or repeated violations of the lease;
Not engage in drug-related or violent criminal activity;
Notify the PHA and the owner before moving or termination the lease;
Use the assisted unit only for residence and as the sole residence of the family.
Not sublet the unit, assign the lease, or have any interest in the unit;
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Promptly notify the PHA of any changes in family composition;
Not commit fraud, bribery, or any other corrupt or criminal act in connection with
any housing programs.
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1-II.D. APPLICABLE REGULATIONS
Applicable regulations include:
24 CFR Part 5: General Program Requirements
24 CFR Part 8: Nondiscrimination
24 CFR Part 35: Lead-Based Paint
24 CFR Part 100: The Fair Housing Act
24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher
Program
24 CFR Part 983: Project-Based Vouchers
24 CFR Part 985: The Section 8 Management Assessment Program (SEMAP)
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PART III: THE HCV ADMINISTRATIVE PLAN
1-III.A. OVERVIEW AND PURPOSE OF THE PLAN
The administrative plan is required by HUD. The purpose of the administrative plan is to
establish policies for carrying out the programs in a manner consistent with HUD
requirements and local goals and objectives contained in the PHA’s agency plan. This
administrative plan is a supporting document to the PHA agency plan and is available
for public review as required by CFR 24 Part 903.
This administrative plan is set forth to define the PHA's local policies for operation of the
housing programs in accordance with federal laws and regulations. All issues related to
the HCV program not addressed in this document are governed by such federal
regulations, HUD handbooks and guidebooks, notices, and other applicable law. The
policies in this administrative plan have been designed to ensure compliance with the
consolidated ACC and all HUD-approved applications for program funding.
The PHA is responsible for complying with all changes in HUD regulations pertaining to
the HCV program. If such changes conflict with this plan, HUD regulations will have
precedence.
Administration of the HCV program and the functions and responsibilities of PHA staff
shall be in compliance with the PHA's personnel policy and HUD regulations as well as
all federal, state and local fair housing laws and regulations.
1-III.B. CONTENTS OF THE PLAN [24 CFR §982.54]
The HUD regulations at 24 CFR §982.54 define the policies that must be included in the
administrative plan. They are as follows:
Selection and admission of applicants from the PHA waiting list, including any
PHA admission preferences, procedures for removing applicant names from the
waiting list, and procedures for closing and reopening the PHA waiting list
(Chapter 4);
Issuing or denying vouchers, including PHA policy governing the voucher term
and any extensions of the voucher term. If the PHA decides to allow extensions
of the voucher term, the PHA administrative plan must describe how the PHA
determines whether to grant extensions and how the PHA determines the length
of any extension (Chapter 5);
Any special rules for use of available funds when HUD provides funding to the
PHA for a special purpose (e.g., desegregation), including funding for specified
families or a specified category of families (Chapter 4);
Occupancy policies, including definition of what group of persons may qualify as
a 'family', definition of when a family is considered to be 'continuously assisted';
standards for denying admission or terminating assistance based on criminal
activity or alcohol abuse in accordance with §982.553 (Chapters 3 and 12);
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Encouraging participation by owners of suitable units located outside areas of
low income or minority concentration (Chapter 13);
Assisting a family that claims that illegal discrimination has prevented the family
from leasing a suitable unit (Chapter 2);
Providing information about a family to prospective owners (Chapters 3 and 9);
Disapproval of owners (Chapter 13);
Subsidy standards (Chapter 5);
Family absence from the dwelling unit (Chapter 12);
How to determine who remains in the program if a family breaks up (Chapter 3);
Informal review procedures for applicants (Chapter 16);
Informal hearing procedures for participants (Chapter 16);
The process for establishing and revising voucher payment standards (Chapter
16);
Policies on administering decreases and increases in the payment standard
during the HAP contract term (Chapter 6);
The method of determining that rent to owner is a reasonable rent (initially and
during the term of a HAP contract) (Chapter 8);
Special policies concerning special housing types in the program (e.g., use of
shared housing) (Chapter 15);
Policies concerning payment by a family to the PHA of amounts the family owes
the PHA (Chapter 16);
Interim re-determinations of family income and composition (Chapter 11);
Restrictions, if any, on the number of moves by a participant family (Chapter 10);
Approval by the board of commissioners or other authorized officials to charge
the administrative fee reserve (Chapter 16);
Procedural guidelines and performance standards for conducting required
housing quality standards inspections (Chapter 8);
PHA screening of applicants for family behavior or suitability for tenancy (Chapter
3).
Policies governing the project-basing of vouchers in both the standard Project-
Based Voucher (PBV) program (Chapter 17) and the RAD Project-Based
Voucher program (Chapter 18); and
Special policies governing any special purpose vouchers issued by the PHA
(Chapter 19).
Mandatory vs. Discretionary Policy
HUD makes a distinction between:
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Mandatory policies: those driven by legislation, regulations, current handbooks,
notices, and legal opinions, and
Optional, non-binding guidance, including guidebooks, notices that have expired
and recommendations from individual HUD staff.
HUD expects PHAs to adopt local policies and procedures that are consistent with
mandatory policies in the areas where HUD gives the PHA discretion. The PHA's
administrative plan is the foundation of those policies and procedures. HUD’s directions
require PHAs to make policy choices that provide sufficient guidance to staff and ensure
consistency to program applicants and participants.
Creating policies based upon HUD guidance is not mandatory but provides a PHA with
a “safe harbor.” HUD has already determined that the recommendations and
suggestions it makes are consistent with mandatory policies. If a PHA adopts an
alternative strategy, it must make its own determination that the alternative approach is
consistent with legislation, regulations, and other mandatory requirements. There may
be very good reasons for adopting a policy or procedure that is different than HUD’s
safe harbor, but PHAs should carefully think through those decisions.
1-III.C. ORGANIZATION OF THE PLAN
The plan is organized to provide information to users in particular areas of operation.
1-III.D. UPDATING AND REVISING THE PLAN
The PHA will revise this administrative plan as needed to comply with changes in HUD
regulations. The original plan and any changes must be approved by the board of
commissioners of the agency, the pertinent sections included in the Agency Plan, and a
copy provided to HUD.
PHA Policy
The PHA will review and update the plan as needed, to reflect changes in
regulations, PHA operations, or when needed to ensure staff consistency in
operation.
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CHAPTER 2
Fair Housing and Equal Opportunity
Introduction
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively
further civil rights and fair housing in all federally assisted housing programs. The letter
and spirit of these laws are implemented through consistent policy and processes. The
responsibility to further nondiscrimination pertains to all areas of the PHA’s housing
choice voucher (HCV) operations.
This chapter describes HUD regulations and PHA policies related to these topics in
three parts:
Part I: Nondiscrimination. This part presents the body of laws and regulations
governing the responsibilities of the PHA regarding nondiscrimination.
Part II: Policies Related to Persons with Disabilities. This part discusses the
rules and policies of the housing choice voucher program related to reasonable
accommodation for persons with disabilities. These rules and policies are based
on the Fair Housing Act (42.U.S.C.) and Section 504 of the Rehabilitation Act of
1973 and incorporate guidance from the Joint Statement of The Department of
Housing and Urban Development and the Department of Justice (DOJ), issued
May 17, 2004.
Part III: Prohibition of Discrimination Against Limited English Proficiency
Persons. This part details the obligations of the PHA to ensure meaningful
access to the HCV program and its activities by persons with limited English
proficiency (LEP). This part incorporates the Final Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition against National Origin
Discrimination Affecting Limited English Proficient Persons published January 22,
2007, in the Federal Register.
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PART I: NONDISCRIMINATION
2-I.A. OVERVIEW
Federal laws require PHAs to treat all applicants and participants equally, providing the
same quality of services, regardless of family characteristics and background. Federal
law prohibits discrimination in housing on the basis of race, color, religion, sex, national
origin, familial status, and disability. The PHA will comply fully with all federal, state, and
local nondiscrimination laws, and with rules and regulations governing fair housing and
equal opportunity in housing and employment, including:
Title VI of the Civil Rights Act of 1964
Title VIII of the Civil Rights Act of 1968 (as amended by the Community
Development Act of 1974 and the Fair Housing Amendments Act of 1988)
Executive Order 11063 and 13988
Section 504 of the Rehabilitation Act of 1973
The Age Discrimination Act of 1975
Title II of the Americans with Disabilities Act (to the extent that it applies,
otherwise Section 504 and the Fair Housing Amendments govern)
The Equal Access to Housing in HUD Programs Regardless of Sexual
Orientation or Gender Identity Final Rule, published in the Federal Register
February 3, 2012, and further clarified in PIH Notice 2014-20.
Violence Against Women Reauthorization Act of 2022 (VAWA)
When more than one civil rights law applies to a situation, the laws will be read and
applied together.
Any applicable state laws or local ordinances and any legislation protecting individual
rights of tenants, applicants, or staff that may subsequently be enacted.
PHA Policy
Arizona Fair Housing law at Arizona Revised Statutes 41-1491, et seq. and
Chandler City Code Chapter 63 Non-Discrimination apply.
2-I.B. NONDISCRIMINATION
Federal regulations prohibit discrimination against certain protected classes and other
groups of people. State and local requirements, as well as PHA policies, can prohibit
discrimination based on other factors.
The PHA shall not discriminate because of race, color, sex, religion, familial status,
disability, or national origin (called “protected classes”)
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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.
The PHA will not discriminate on the basis of marital status, gender identity, or sexual
orientation [FR Notice 02/03/12; Executive Order 13988].
PHA Policy
The PHA will not discriminate against those classes of persons protected under
federal, state and local lawC.
The PHA will not use any of these factors to:
Deny to any family the opportunity to apply for housing, nor deny to any
qualified applicant the opportunity to participate in the housing choice
voucher program
Provide housing that is different from that provided to others
Subject anyone to segregation or disparate treatment
Subject anyone to sexual harassment
Restrict anyone's access to any benefit enjoyed by others in connection
with the housing program
Treat a person differently in determining eligibility or other requirements
for admission
Steer an applicant or participant toward or away from a particular area
based any of these factors
Deny anyone access to the same level of services
Deny anyone the opportunity to participate in a planning or advisory group
that is an integral part of the housing program
Discriminate in the provision of residential real estate transactions
Discriminate against someone because they are related to or associated
with a member of a protected class
Publish or cause to be published an advertisement or notice indicating the
availability of housing that prefers or excludes persons who are members
of a protected class.
Providing Information to Families and Owners
The PHA must take steps to ensure that families and owners are fully aware of all
applicable civil rights laws. As part of the briefing process, the PHA must provide
information to HCV applicant families about civil rights requirements and the opportunity
to rent in a broad range of neighborhoods [24 CFR §982.301]. The Housing Assistance
Payments (HAP) contract informs owners of the requirement not to discriminate against
2 - 5
any person because of race, color, religion, sex, national origin, age, familial status, or
disability in connection with the contract.
Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated
against by the PHA or an owner, the family should advise the PHA. The PHA should
make every reasonable attempt to determine whether the applicant’s or participant’s
assertions have merit and take any warranted corrective action.
In all cases, the PHA will advise the family that they may file a fair housing complaint if
the family feels they have been discriminated against under the Fair Housing Act.
PHA Policy
Applicants or participants who believe that they have been subject to unlawful
discrimination may notify the PHA either orally or in writing.
Within 10 business days of receiving the complaint, the PHA will provide a written
notice to those alleged to have violated the rule. The PHA will also send a written
notice to the complainant informing them that notice was sent to those alleged to
have violated the rule, as well as information on how to complete and submit a
housing discrimination complaint form to HUD's Office of Fair Housing and Equal
Opportunity (FHEO).
The PHA will attempt to remedy discrimination complaints made against the PHA
and will conduct an investigation into all allegations or discrimination.
Within 10 business days following the conclusion of the PHA's investigation, the
PHA will provide the complainant and those alleged to have violated the rule with
findings and either a proposed corrective action plan or an explanation of why
corrective action is not warranted.
The PHA will keep a record of all complaints, investigations, notices, and
corrective actions. (See Chapter 16.)
Complaints under the Equal Access Final Rule [Notice PIH 2014-20]
Notice PIH 2014-20 requires an articulated complaint process for allegations of
discrimination under the Equal Access Final rule. The Equal Access Final Rule requires
that PHAs provide equal access regardless of marital status, gender identity, or sexual
orientation. The PHA will be informed on these obligations by the HUD Field Office or
FHEO when an Equal Access complaint investigation begins.
PHA Policy
Applicants or tenant families who believe that they have been subject to unlawful
discrimination based on marital status, gender identity, or sexual orientation
under the Equal Access Rule may notify the PHA either orally or in writing.
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Within 10 business days of receiving the complaint, the PHA will provide a written
notice to those alleged to have violated the rule. The PHA will also send a written
notice to the complainant informing them that notice was sent to those alleged to
have violated the rule, as well as information on how to complete and submit a
housing discrimination complaint form to HUD’s FHEO.
The PHA will attempt to remedy discrimination complaints made against the PHA
and will conduct an investigation into all allegations of discrimination.
Within 10 business days following the conclusion of the PHA’s investigation, the
PHA will provide the complainant and those alleged to have violated the rule with
findings and either a proposed corrective action plan or an explanation of why
corrective action is not warranted.
The PHA will keep a record of all complaints, investigations, notices, and
corrective actions. (See Chapter 16.)
VAWA Complaint Processing [Notice FHEO 2023-01]
A complainant may, not later than one year after an alleged VAWA violation has
occurred or terminated, file a complaint with FHEO alleging such violation. If there is a
violation that began prior to a year before the complaint is filed, but it continues into the
one-year time period, HUD will accept the complaint. FHEO will investigate the
complaint if it is timely and FHEO otherwise has jurisdiction. If a complaint is filed more
than one year after the alleged violation occurred or terminated, FHEO may, but is not
required to, investigate the allegations under the additional authority and procedures
described in FHEO 2023-01.
Complaints do not need to allege a violation of the Fair Housing Act for FHEO to accept
and investigate the complaint.
PHA Policy
Applicants or tenant families who wish to file a VAWA complaint against the PHA
may notify the PHA either orally or in writing.
The PHA will advise the family of their right to file a VAWA complaint with HUD’s
FHEO. The PHA will inform the family that not later than one year after an
alleged VAWA violation has occurred or terminated, applicants and tenants who
believe they have been injured by a VAWA violation or will be injured by such a
violation that is about to occur may file a VAWA complaint using FHEO’s online
complaint form via mail, email, or telephone.
The PHA will attempt to remedy complaints made against the PHA and will
conduct an investigation into all allegations of discrimination.
The PHA will keep a record of all complaints, investigations, notices, and corrective
actions. (See Chapter 16.)
PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES
2-II.A. OVERVIEW
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One type of disability discrimination prohibited by the Fair Housing Act is the refusal to
make reasonable accommodation in rules, policies, practices, or services when such
accommodation may be necessary to afford a person with a disability the equal
opportunity to use and enjoy a program or dwelling under the program.
The PHA must ensure that persons with disabilities have full access to the PHA’s
programs and services. This responsibility begins with the first contact by an interested
family and continues through every aspect of the program.
PHA Policy
The PHA will provide for alternate format applications for persons requiring a
reasonable accommodation in the online application process.
The PHA will ask all applicants and participants if they require any type of
accommodations, in writing, on the intake application, reexamination documents,
and notices of adverse action by the PHA, by including the following language:
For applicants:
The City of Chandler Housing and Redevelopment Division is committed to
fully complying with all state, federal and local laws involving non-
discrimination and equal opportunity. Any person who believes he/she needs
a reasonable accommodation to participate in any program for the City of
Chandler Housing and Redevelopment Division should notify our office at
least 24 hours prior to the date of the accommodation will be required.
For Reexamination documents and notices of adverse action by the PHA:
The City of Chandler Housing and Redevelopment Division is committed to
fully complying with all state, federal and local laws involving non-
discrimination and equal opportunity. Any person who believes he/she needs
a reasonable accommodation to participate in any program for the City of
Chandler Housing and Redevelopment Division should notify their housing
specialist at least 24 hours prior to the date of the accommodation will be
required.
The PHA will display posters and other housing information and signage in
locations throughout the PHA’s office in such a manner as to be easily readable
from a wheelchair.
2-II.B. DEFINITION OF REASONABLE ACCOMMODATION
A reasonable accommodation is an adjustment made to a rule, policy, practice, or
service that allows a person with a disability to have equal access to the HCV program.
For example, reasonable accommodations may include making home visits, extending
the voucher term, or approving an exception payment standard in order for a participant
to lease an accessible dwelling unit.
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Federal regulations stipulate that requests for accommodations will be considered
reasonable if they do not create an "undue financial and administrative burden" for the
PHA or result in a “fundamental alteration” in the nature of the program or service
offered. A fundamental alteration is a modification that alters the essential nature of a
provider’s operations.
Types of Reasonable Accommodations
When needed, the PHA will modify normal procedures to accommodate the needs of a
person with disabilities. Examples include:
Permitting applications and reexaminations to be completed by mail
Conducting home visits
Using higher payment standards (either within the acceptable range or with HUD
approval of a payment standard outside the PHA range) if the PHA determines
this is necessary to enable a person with disabilities to obtain a suitable housing
unit
Providing time extensions for locating a unit, when necessary, because of lack of
availability of accessible units or special challenges of the family in seeking a unit
Permitting an authorized designee or advocate to participate in the application or
certification process and any other meetings with PHA staff
Allowing for exceptions to the PHA’s subsidy standards
Allowing a change in the family’s rent due date to correspond with the receipt of
the head of household, or spouse or cohead’s SSI or SSDI benefits
2-II.C. REQUEST FOR AN ACCOMMODATION
If an applicant or participant indicates that an exception, change, or adjustment to a
rule, policy, practice, or service is needed because of a disability, HUD requires that the
PHA treat the information as a request for a reasonable accommodation, even if no
formal request is made [Joint Statement of the Departments of HUD and Justice:
Reasonable Accommodations under the Fair Housing Act].
The family must explain what type of accommodation is needed to provide the person
with the disability full access to the PHA’s programs and services.
If the need for the accommodation is not readily apparent or known to the PHA, the
family must explain the relationship between the requested accommodation and the
disability. There must be an identifiable connection, or nexus, between the requested
accommodation and the individual’s disability.
PHA Policy
The PHA will encourage the family to make its request in writing using a
reasonable accommodation request form.
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2-II.D. VERIFICATION OF DISABILITY
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1
at the end of this chapter. The definition of a person with a disability for the purpose of
obtaining a reasonable accommodation is much broader than the HUD definition of
disability, which is used for waiting list preferences and income allowances.
Before providing an accommodation, the PHA must determine that the person meets
the definition of a person with a disability, and that the accommodation will enhance the
family’s access to the PHA’s programs and services.
If a person’s disability is obvious or otherwise known to the PHA, and if the need for the
requested accommodation is also readily apparent or known, no further verification will
be required [Joint Statement of the Departments of HUD and Justice: Reasonable
Accommodations under the Fair Housing Act].
If a family indicates that an accommodation is required for a disability that is not obvious
or otherwise known to the PHA, the PHA must verify that the person meets the
definition of a person with a disability, and that the limitations imposed by the disability
require the requested accommodation.
When verifying a disability, the PHA will follow the verification policies provided in
Chapter 7. All information related to a person’s disability will be treated in accordance
with the confidentiality policies provided in Chapter 16. In addition to the general
requirements that govern all verification efforts, the following requirements apply when
verifying a disability:
Third-party verification must be obtained from an individual identified by the
family who is competent to make the determination. A doctor or other medical
professional, a peer support group, a non-medical service agency, or a reliable
third party who is in a position to know about the individual’s disability may
provide verification of a disability [Joint Statement of the Departments of HUD
and Justice: Reasonable Accommodations under the Fair Housing Act]
The PHA must request only information that is necessary to evaluate the
disability-related need for the accommodation. The PHA will not inquire about the
nature or extent of any disability.
Medical records will not be accepted or retained in the participant file.
In the event that the PHA does receive confidential information about a person’s
specific diagnosis, treatment, or the nature or severity of the disability, the PHA
will dispose of it. If the information needs to be disposed of, the PHA will note in
the file that the disability and other requested information have been verified, the
date the verification was received, and the name and address of the
knowledgeable professional who sent the information [PIH Notice 2010-26].
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2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION
[JOINT STATEMENT OF THE DEPARTMENTS OF HUD AND JUSTICE: REASONABLE
ACCOMMODATIONS UNDER THE FAIR HOUSING ACT, PIH NOTICE 2010-26]
The PHA must approve a request for an 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 the accommodation.
The requested accommodation is reasonable, meaning it would not impose an
undue financial and administrative burden on the PHA, or fundamentally alter the
nature of the PHA’s HCV operations (including the obligation to comply with HUD
requirements and regulations).
Requests for accommodations must be assessed on a case-by-case basis, taking into
account factors such as the cost of the overall size of the PHA’s program with respect to
the number of employees, type of facilities and size of budget, type of operation
including composition and structure of workforce, the nature and cost of the requested
accommodation, and the availability of alternative accommodations that would
effectively meet the family’s disability-related needs.
Before making a determination whether to approve the request, the PHA may enter into
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 PHA may verify the need for
the requested accommodation.
PHA Policy
After a request for an accommodation is presented, the PHA will respond in
writing within 10 business days.
If the PHA denies a request for an accommodation because there is no
relationship or nexus found between the disability and the requested
accommodations, the PHA will discuss with the family the reason for the denial. If
the family cannot provide additional information to clarify the requested
accommodation, the PHA will notify the family, in writing, of its determination
within 10 business days from the date of the most recent discussion or
communication with the family. The notice will inform the family of the right to
appeal the PHA’s decision through an informal review (if applicable) or informal
hearing (see Chapter 16).
If the PHA 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 PHA’s operations), the PHA 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.
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If the PHA believes that the family has failed to identify a reasonable alternative
accommodation after interactive discussion and negotiation, the PHA will notify
the family, in writing, of its determination within 10 business days from the date of
the most recent discussion or communication with the family.
2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION
IMPAIRMENTS
HUD regulations require the PHA to ensure that persons with disabilities related to
hearing and vision have reasonable access to the PHA's programs and services [24
CFR §8.6].
At the initial point of contact with each applicant, the PHA shall inform all applicants of
alternative forms of communication that can be used other than plain language
paperwork.
PHA Policy
To meet the needs of persons with hearing impairments, TTD/TTY (text
telephone display / teletype) communication will be available.
To meet the needs of persons with vision impairments, large-print and if possible,
audio versions of key program documents will be made available upon request.
When visual aids are used in public meetings or presentations, or in meetings
with PHA staff, 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) to receive,
interpret, and explain housing materials and be present at all meetings.
2-II.G. PHYSICAL ACCESSIBILITY
The PHA must comply with a variety of regulations pertaining to physical accessibility,
including the following:
PIH Notice 2010-26
Section 504 of the Rehabilitation Act of 1973
The Americans with Disabilities Act of 1990
The Architectural Barriers Act of 1968
The Fair Housing Act of 1988
The PHA’s policies concerning physical accessibility must be readily available to
applicants and participants. They can be found in three key documents:
This plan describes the key policies that govern the PHA’s responsibilities with
regard to physical accessibility.
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PIH Notice 2010-26 summarizes information about pertinent laws and
implementing regulations related to nondiscrimination and accessibility in
federally funded housing programs.
The PHA Plan provides information about self-evaluation, needs assessment,
and transition plans.
The design, construction, or alteration of PHA facilities must conform to the Uniform
Federal Accessibility Standards (UFAS). Newly constructed facilities must be designed
to be readily accessible to and usable by persons with disabilities. Alterations to existing
facilities must be accessible to the maximum extent feasible, defined as not imposing an
undue financial and administrative burden on the operations of the HCV program.
When issuing a voucher to a family that includes an individual with disabilities, the PHA
will include a current list of available accessible units known to the PHA and will assist
the family in locating an available accessible unit, if necessary.
In general, owners must permit the family to make reasonable modifications to the unit.
However, the owner is not required to pay for the modification and may require that the
unit be restored to its original state at the family’s expense when the family moves.
2-II.H. DENIAL OR TERMINATION OF ASSISTANCE
A PHA’s decision to deny or terminate the assistance of a family that includes a person
with disabilities is subject to consideration of reasonable accommodation [24 CFR
§982.552 (2)(iv)].
When applicants with disabilities are denied assistance, the notice of denial must inform
them of the PHA’s informal review process and their right to request an informal review.
In addition, the notice must inform applicants with disabilities of their right to request
reasonable accommodations to participate in the informal review process.
When a participant family’s assistance is terminated, the notice of termination must
inform them of the PHA’s informal hearing process and their right to request a hearing
and reasonable accommodation.
When reviewing reasonable accommodation requests, the PHA must consider whether
any mitigating circumstances can be verified to explain and overcome the problem that
led to the PHA’s decision to deny or terminate assistance. If a reasonable
accommodation will allow the family to meet the requirements, the PHA must make the
accommodation.
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PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS
WITH LIMITED ENGLISH PROFICIENCY (LEP)
2-III.A. OVERVIEW
Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing
important benefits or services, understanding, and exercising important rights,
complying with applicable responsibilities, or understanding other information provided
by the HCV program. In certain circumstances, failure to ensure that LEP persons can
effectively participate in or benefit from federally assisted programs and activities may
violate the prohibition under Title VI against discrimination on the basis of national
origin. This part incorporates the Final Guidance to Federal Assistance Recipients
Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, published January 22, 2007, in the Federal Register.
The PHA will take affirmative steps to communicate with people who need services or
information in a language other than English. These persons will be referred to as
Persons with Limited English Proficiency (LEP).
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 administrative plan, LEP persons are HCV applicants and participants, and parents
and family members of applicants and participants.
In order to determine the level of access needed by LEP persons, the PHA will balance
the following four factors: (1) the number or proportion of LEP persons eligible to be
served or likely to be encountered by the Housing Choice Voucher program; (2) the
frequency with which LEP persons come into contact with the program; (3) the nature
and importance of the program, activity, or service provided by the program to people’s
lives; and (4) the resources available to the PHA and costs. Balancing these four factors
will ensure meaningful access by LEP persons to critical services while not imposing
undue burdens on the PHA.
2-III.B. ORAL INTERPRETATION
The PHA will offer competent interpretation services free of charge, upon request, to the
LEP person.
PHA Policy
The PHA will offer competent oral interpretation services free of charge, to the
LEP person. The PHA will utilize staff translators for Spanish-speaking interpreter
services.
2-III.C. WRITTEN TRANSLATION
Translation is the replacement of a written text from one language into an equivalent
written text in another language.
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PHA Policy
In order to comply with written-translation obligations, the PHA will take the
following steps:
The PHA will provide written translations of vital documents for each
eligible LEP language group that constitutes 5 percent or 1,000 persons,
whichever is less, of the population of persons eligible to be served or
likely to be affected or encountered.
Translation of other documents, if needed, can be provided orally; or
If there are fewer than 50 persons in a language group that reaches the 5
percent trigger, the PHA does not translate vital written materials, but
provides written notice in the primary language of the LEP language group
of the right to receive competent oral interpretation of those written
materials, free of cost.
2-III.D. IMPLEMENTATION PLAN
After completing the four-factor analysis and deciding what language assistance
services are appropriate, the PHA shall determine whether it is necessary to develop a
written implementation plan to address the identified needs of the LEP populations it
serves.
If the PHA determines that it is not necessary to develop a written implementation plan,
the absence of a written plan does not obviate the underlying obligation to ensure
meaningful access by LEP persons to the PHA’s Housing Choice Voucher program and
services.
PHA Policy
If it is determined that the PHA serves very few LEP persons, and the PHA has
very limited resources, the PHA will not develop a written LEP plan, but will
consider alternative ways to articulate in a reasonable manner a plan for
providing meaningful access. Entities having significant contact with LEP
persons, such as schools, grassroots and faith-based organizations, community
groups, and groups working with new immigrants will be contacted for input into
the process.
If the PHA 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) monitoring and updating the
LEP plan.
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EXHIBIT 2-1: Definition of a Person with a Disability Under Federal Civil Rights
Laws
[24 CFR Parts §8.3, §25.104, and §100.201; HOTMA]
A person with a disability, as defined under federal civil rights laws, is any person who:
Has a physical or mental impairment that substantially limits one or more of the
major life activities of an individual, or
Has a record of such impairment, or
Is regarded as having such impairment
The phrase “physical or mental impairment” includes:
Any physiological disorder or condition, cosmetic or disfigurement, or anatomical
loss affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin;
and endocrine; or
Any mental or psychological disorder, such as mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning disabilities. The term
“physical or mental impairment” includes but is not limited to: such diseases and
conditions as orthopedic, visual, speech and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, mental retardation, emotional illness, drug addiction and
alcoholism.
“Major life activities” includes, but is not limited to, caring for oneself, performing manual
tasks, walking, seeing, hearing, breathing, learning, and/or working.
“Has a record of such impairment” means has a history of, or has been misclassified as
having, a mental or physical impairment that substantially limits one or more major live
activities.
“Is regarded as having an impairment” is defined as having a physical or mental
impairment that does not substantially limit one or more major life activities but is
treated by a public entity (such as the PHA) as constituting such a limitation; has none
of the impairments defined in this section but is treated by a public entity as having such
an impairment; or has a physical or mental impairment that substantially limits one or
more major life activities, only as a result of the attitudes of others toward that
impairment.
The definition of a person with disabilities does not include:
Current illegal drug users
People whose alcohol use interferes with the rights of others
Persons who objectively pose a direct threat or substantial risk of harm to others
that cannot be controlled with a reasonable accommodation under the HCV
program
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The above definition of disability determines whether an applicant or participant is
entitled to any of the protections of federal disability civil rights laws. Thus, a person
who does not meet this disability is not entitled to a reasonable accommodation under
federal civil rights and fair housing laws and regulations.
The HUD definition of a person with a disability is much narrower than the civil rights
definition of disability. The HUD definition of a person with a disability is used for
purposes of receiving the disabled family preference, the $550 elderly/disabled
household deduction (HOTMA), the $480 dependent deduction, the allowance for
medical expenses, or the allowance for disability assistance expenses.
The definition of a person with a disability for purposes of granting a reasonable
accommodation request is much broader than the HUD definition of disability. Many
people will not qualify as a disabled person under the HCV program, yet an
accommodation is needed to provide equal opportunity.
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CHAPTER 3
Eligibility
Introduction
The PHA is responsible for ensuring that every individual and family admitted to the
HCV program meets all program eligibility requirements. This includes any individual
approved to join the family after the family has been admitted to the program. The
family must provide any information needed by the PHA to confirm eligibility and
determine the level of the family’s assistance.
To be eligible for the HCV program:
The applicant family must:
-
Qualify as a family as defined by HUD and the PHA.
-
Have income at or below HUD-specified income limits.
-
Qualify on the basis of citizenship or the eligible immigrant status of family
members.
-
Provide social security number information for household members as
required.
-
Consent to the PHA’s collection and use of family information as provided
for in PHA-provided consent forms.
-
Not currently be receiving a duplicative subsidy.
-
Meet net asset and property ownership restriction requirements.
The PHA must determine that the current or past behavior of household
members does not include activities that are prohibited by HUD or the PHA.
This chapter contains three parts:
Part I: Definitions of Family and Household Members. This part contains
HUD and PHA definitions of family and household members and explains initial
and ongoing eligibility issues related to these members.
Part II: Basic Eligibility Criteria. This part discusses income eligibility, and
rules regarding citizenship, social security numbers, and family consent.
Part III: Denial of Assistance. This part covers factors related to an applicant’s
past or current conduct (e.g., criminal activity) that can cause the PHA to deny
assistance as well as the asset limitation for HCV.
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PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS
3-I.A. OVERVIEW
Some eligibility criteria and program rules vary depending upon the composition of the
family requesting assistance. In addition, some requirements apply to the family as a
whole and others apply to individual persons who will live in the assisted unit. This part
provides information that is needed to correctly identify family and household
members, and to apply HUD's eligibility rules.
3-I.B. FAMILY AND HOUSEHOLD [24 CFR 5.403; FR NOTICE 02/03/12; NOTICE PIH 2014-
20; AND FR NOTICE 2/14/23]
The terms family and household have different meanings in the HCV program.
Family
To be eligible for assistance, an applicant must qualify as a family. Family as defined
by HUD includes, but is not limited to the following, regardless actual or perceived
sexual orientation, gender identity, or marital status, a single person, who may be an
elderly person, disabled person, disabled person, near- elderly person, or any other
single person. Such group includes but is not limited to 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), an elderly family, a near-elderly family, a disabled
family, a displaced family, and the remaining member of a tenant family. The PHA has
the discretion to determine if any other group of persons qualifies as a family.
Gender Identity means actual or perceived gender characteristics.
Sexual orientation means homosexuality, heterosexuality, or bisexuality.
PHA Policy
Each family must identify the individuals to be included in the family at the time
of application and must notify the PHA if the family’s composition changes.
A family also includes two or more individuals who not related by blood,
marriage, adoption, or other operation of law but who either can demonstrate
that the individuals have lived together previously or certify that each individual’s
income and other resources will be available to meet the needs of the family.
Upon the PHA’s HOTMA 102/104 compliance date, the above definition of family
will be amended to include: An otherwise eligible youth who has attained at least 18
years of age and not more than 24 years of age and who 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 is homeless or is
at risk of becoming homeless at age 16 or older; or a group of persons residing
together.
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T
Household
Household is a broader term that includes additional people who, with the PHA’s
permission, live in an assisted unit, such as live-in aides, foster children, and foster
adults.
3 - 4
3-I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY
Family Break-up [24 CFR §982.315; PIH Notice 2017-08]
Except under the following conditions, the PHA has discretion to determine which
members of an assisted family continue to receive assistance if the family breaks up:
(1) If the family breakup results from an occurrence of domestic violence, dating
violence, sexual assault, stalking, or human trafficking, the PHA must ensure
that the victim retains assistance. (For documentation requirements and policies
related to domestic violence, dating violence, sexual assault, stalking, and
human trafficking; see Section 16-IX.D of this plan.)
(2) In accordance with Notice PIH 2017-08, for HUD–Veterans Affairs Supportive
Housing (HUD–VASH) vouchers, when the veteran is the perpetrator of
domestic violence, dating violence, sexual assault, stalking, or human
trafficking, the victim must continue to be assisted. Upon termination of the
perpetrator’s HUD–VASH voucher, the victim should be given a regular HCV if
one is available, and the perpetrator’s HUD–VASH voucher should be used to
serve another eligible family. If a regular HCV is not available, the victim will
continue to use the HUD–VASH voucher, which must be issued to another
eligible family upon the voucher’s turnover.
(3) If a court determines the disposition of property between members of the
assisted family, the PHA is bound by the court’s determination of which family
members continue to receive assistance.
PHA Policy
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 family breaks up into two otherwise eligible families while receiving
assistance, only one of the new families will continue to be assisted.
In the absence of a judicial decision, or an agreement among the original family
members, the PHA will determine which family retains their placement on the
waiting list or will continue to receive assistance. In making its determination, the
PHA will take into consideration the following factors:
(1) the interest of any minor children, including custody arrangements,
(2) the interest of any ill, elderly, or disabled family members,
(3) the interest of any family member who is the victim of domestic violence,
dating violence, sexual assault, stalking, or human trafficking, including a
family member who was forced to leave an assisted unit as a result of
such actual or threatened abuse;
(4) any possible risks to family members as a result of criminal activity; and
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(5) the recommendations of social service professionals.
Remaining Member of a Tenant Family [24 CFR §5.403]
The HUD definition of family includes the remaining member of a tenant family, which
is a member of an assisted family who remains in the unit when other members of the
family have left the unit.
Household members such as live-in aides, foster children, and foster adults do not
qualify as remaining members of a family.
If dependents are the only “remaining members of a tenant family” and there is no
family member able to assume the responsibilities of the head of household, see
Chapter 6, Section 6-I.B, for the policy on “Caretakers for a Child.”
3-I.D. HEAD OF HOUSEHOLD [24 CFR §5.504(B)]
Head of household means the adult member of the family who is considered the head
for purposes of determining income eligibility and rent. The head of household is
responsible for ensuring that the family fulfills all of its responsibilities under the
program, alone or in conjunction with a cohead or spouse.
PHA Policy
The family may designate any qualified 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.
3-I.E. SPOUSE, CO-HEAD, AND OTHER ADULT
A family may have a spouse or cohead, but not both [form HUD-50058 IB, p. 13].
Spouse means the marriage partner of the head of household.
PHA Policy
A marriage partner includes the partner in a "common law" marriage as defined
in state law. The term “spouse” does not apply to friends, roommates, or
significant others who are not marriage partners. A minor who is emancipated
under state law may be designated as a spouse.
A cohead is an individual in the household who is equally responsible with the head of
household for ensuring that the family fulfills all of its responsibilities under the
program, but who is not a spouse. A family can have only one cohead.
PHA Policy
Minors who are emancipated under state law may be designated as a cohead.
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Other adult means a family member, other than the head, spouse, or cohead, who is
18 years of age or older. Foster adults and live-in aides are not considered other
adults.
3-I.F. DEPENDENTS AND MINORS [24 CFR §5.603]
A minor is a member of the family, other than the head of family or spouse, who is
under 18 years of age.
A dependent is a family member who is under 18 years of age or a person of any age
who is a person with a disability or a full-time student, except that the following persons
can never be dependents: the head of household, spouse, cohead, foster
children/adults, and live-in aides. Identifying each dependent in the family is important
because each dependent qualifies the family for a dependent allowance as described
in Chapter 6.
Joint Custody of Dependents
PHA Policy
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 50
percent or more of the time.
When more than one applicant or participant family is claiming the same
dependents as family members, the family with primary custody at the time of
the initial examination or reexamination will be able to claim the dependents. If
there is a dispute about which family should claim them, the PHA will make the
determination based on available documents such as court orders, or an IRS
return showing which family has claimed the child for income tax purposes,
school records, or other credible documentation acceptable to the PHA.
3-I.G. FULL-TIME STUDENT [24 CFR §5.603, HVC GB P. 5-29]
A full-time student (FTS) is a person who is attending school or vocational training on a
full-time basis. The time commitment or subject load that is needed to be full-time is
defined by the educational institution.
Identifying each FTS is important because (1) each family member that is an FTS,
other than the head, spouse, or cohead, qualifies the family for a dependent allowance
and (2) the earned income of such an FTS is treated differently from the income of
other family members.
3-I.H. ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR §5.100
AND 5.403, FR NOTICE 02/03/12]
Elderly Persons
An elderly person is a person who is at least 62 years of age.
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Near-Elderly Persons
A near-elderly person is a person who is at least 50-61 years of age.
Elderly Family
An elderly family is one in which the head, spouse, cohead, or sole member is an
elderly person. Identifying elderly families is important because elderly families qualify
for the elderly family allowance as described in Chapter 6.
3-I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR §5.403, FR NOTICE
02/03/12]
Persons with Disabilities
Under the HCV program, special rules apply to persons with disabilities and to any
family whose head, spouse, or cohead is a person with disabilities. The technical
definitions of individual with handicaps and persons with disabilities are provided in
Exhibit 3-1 at the end of this chapter. These definitions are used for a number of
purposes including ensuring that persons with disabilities are not discriminated against
based upon disability.
As discussed in Chapter 2, the PHA must make all aspects of the HCV program
accessible to persons with disabilities and consider reasonable accommodations
requested based upon a person’s disability. Disabled Family
Disabled Family
A disabled family is one in which the head, spouse, or cohead is a person with
disabilities. Identifying disabled families is important because these families qualify for
the disabled family allowance as described in Chapter 6.
Even though persons with drug or alcohol dependencies are considered persons with
disabilities, this does not prevent the PHA from denying assistance for reasons related
to alcohol and drug abuse in accordance with the policies found in Part III of this
chapter, or from terminating assistance in accordance with the policies in Chapter 12.
3-I.J. GUESTS [24 CFR §5.100]
A guest is a person temporarily staying in the unit with the consent of a member of the
household who has expressed or implied authority to so consent.
PHA Policy
The participant must receive written permission from the landlord to have any
guest temporarily stay in the unit, based on the limitations listed below. A copy
of the written permission will be provided to the PHA.
With the landlord’s consent, a guest can remain in the assisted unit no longer
than a total of 14 days in any 12-month period.
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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 assisted household more than 50 percent of the time, are not
subject to the time limitations of guests as described above.
A family may request an exception in writing 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 in tenancy that allows an unauthorized occupant to reside in their unit
is not in compliance will be subject to termination of tenancy. Some examples of
unauthorized occupants include:
Use of the unit address as the guest’s current residence for any purpose
that is not explicitly temporary or has the landlord’s consent shall be
construed as permanent residence.
Persons that have joined the household without undergoing screening;
Persons that stay in the unit beyond an authorized period; and
A person (often a relative) that came to the unit as an extended visitor
because the resident needed support, for example, after a medical
procedure but stayed on in the unit beyond the time needed by the
resident.
The burden of proof that the individual is a guest rests on the family. In the
absence of such proof, the individual will be considered an unauthorized
member of the household and the PHA will terminate assistance since prior
approval was not requested for the addition.
3.I.K. FOSTER CHILDREN AND FOSTER ADULTS [24 CFR 5.603]
Prior to the PHA’s HOTMA 102/104 compliance date, the following policy on foster
children and foster adults will be used:
Foster adults are usually persons with disabilities, unrelated to the tenant family, who
are unable to live alone [24 CFR 5.609].
The term foster child is not specifically defined by the regulations.
Foster children and foster adults who are living with an applicant or who have been
approved by the PHA to live with a participant family are considered household
members but not family members. The income of foster children/adults is not counted in
family annual income, and foster children/adults do not qualify for a dependent
deduction [24 CFR 5.603; HUD-50058 IB, p. 13].
PHA Policy
3 - 9
A foster child is a child that is in the legal guardianship or custody of a state,
county, or private adoption or foster care agency, yet is cared for by foster
parents in their own homes, under some kind of short-term or long-term foster
care arrangement with the custodial agency.
A foster child or foster adult may be allowed to reside in the unit if their presence
would not result in a violation of HQS space standards according to 24 CFR
982.401.
Children that are temporarily absent from the home as a result of placement in foster
care are discussed in Section 3-I.L.
Upon the PHA’s HOTMA 102/104 compliance date, the following will replace the
above section on foster children and foster adults:
A foster adult is a member of the household who is 18 years of age or older and meets
the definition of a foster adult under state law. In general, a foster adult is a person who
is 18 years of age or older, is unable to live independently due to a debilitating physical
or mental condition, and is placed with the family by an authorized placement agency
or by judgment, decree, or other order of any court of competent jurisdiction.
A foster child is a member of the household who meets the definition of a foster child
under state law. In general, a foster child is placed with the family by an authorized
placement agency (e.g., public child welfare agency) or by judgment, decree, or other
order of any court of competent jurisdiction.
Foster children and foster adults that are living with an applicant or who have been
approved by the PHA to live with a participant family are considered household
members but not family members. The income of foster children/adults is not counted
in family annual income, and foster children/adults do not qualify for a dependent
deduction [24 CFR §5.603; HUD-50058 IB, p. 13].
PHA Policy
A foster child or foster adult may be allowed to reside in the unit if their presence
would not result in a violation of HQS/NSPIRE space standards according to 24
CFR §982.401.
Children that are temporarily absent from the home as a result of placement in foster
care are discussed in Section 3-I.L.
3-I.L. ABSENT FAMILY MEMBERS
Individuals may be absent from the family, either temporarily or permanently, for a
variety of reasons including educational activities, placement in foster care,
employment, illness, incarceration, and court order.
Definitions of Temporarily and Permanently Absent
PHA Policy
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Generally, an individual who is or is expected to be absent from the assisted unit
for 180 consecutive days or less 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 180 consecutive
days is considered permanently absent and no longer a family member.
Exceptions to this general policy are discussed below.
Absent Students
PHA Policy
When someone who has been considered a family member attends school
away from home, the person will continue to be considered a family member
unless information becomes available to the PHA indicating that the student has
established a separate household, or the family declares that the student has
established a separate household.
Absences Due to Placement in Foster Care [24 CFR §5.403]
Children temporarily absent from the home as a result of placement in foster care are
considered members of the family.
PHA Policy
If a child has been placed in foster care, the PHA 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.
Absent Head, Spouse, or Cohead
PHA Policy
An employed head, spouse, or cohead absent from the unit more than 180
consecutive days due to employment will continue to be considered a family
member.
Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22]
If a family member is confined to a nursing home or hospital on a permanent basis, that
person is no longer considered a family member and the income of that person is not
counted [HCV GB, p. 5-22].
PHA Policy
An individual confined to a nursing home or hospital on a permanent basis is not
considered a family member.
The PHA will request verification of the family member’s permanent absence
from a responsible medical professional. If the responsible medical professional
cannot provide a determination, the person will be considered temporarily
absent. If the family certifies that the family member is confined on a permanent
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basis, they may present, and the PHA will consider, any additional
documentation or evidence.
Return of Permanently Absent Family Members
PHA Policy
The family must request PHA approval for the return of any adult family
members that the PHA previously determined to be permanently absent. The
individual is subject to the eligibility and screening requirements discussed
elsewhere in this chapter.
3-I.M. LIVE-IN AIDE
A live-in aide is a person who resides with one or more elderly persons, or near-elderly
persons, or persons with disabilities, and who: (1) is determined to be essential to the
care and well-being of the persons, (2) is not obligated for the support of the persons,
and (3) would not be living in the unit except to provide the necessary supportive
services [24 CFR §5.403].
The PHA must approve a live-in aide if needed as a reasonable accommodation in
accordance with 24 CFR 8, to make the program accessible to and usable by the
family member with disabilities.The income of a live-in aide is not counted in the
calculation of annual income for the family [24 CFR §5.609(b]. Relatives may be
approved as live-in aides if they meet all of the criteria defining a live-in aide. Because
live-in aides are not family members, a relative who serves as a live-in aide would not
be considered a remaining member of a tenant family.
PHA Policy
A family’s request for a live-in aide must be made in writing. Written verification
will be required from a reliable, knowledgeable professional, such as a doctor,
social worker, or case worker, that the live-in aide is essential for the care and
well-being of the elderly, near elderly, or disabled family member.
For continued approval the family must submit a new, written request-subject to
PHA verification-at each annual reexamination unless knowledgeable
professional declares on verification that disability is permanent or lifelong.
In addition, the family and live-in aide will be required to submit a certification
stating that the live-in aide is (1) not obligated for the support of the person(s)
needing the care, and (2) would not be living in the unit except to provide the
necessary supportive services.
The PHA will not approve a particular person as a live-in aide, and may
withdraw such approval if [24 CFR §982.316(b)]:
-
The person commits fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program;
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-
The person commits drug-related criminal activity or violent criminal
activity; or
-
The person currently owes rent or other amounts to the PHA or to
another PHA in connection with Section 8 or public housing assistance
under the 1937 Act.
The PHA will notify the family of its decision in writing within 10 business days of
receiving a request for a live-in aide, including all required documentation
related to the request.
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PART II: BASIC ELIGIBILITY CRITERIA
3-II.A. INCOME ELIGIBILITY AND TARGETING
Income Limits
HUD establishes income limits for all areas of the country and publishes them annually
in the Federal Register. They are based upon estimates of median family income with
adjustments for family size. The income limits are used to determine eligibility for the
program and for income targeting purposes as discussed in this section.
Definitions of the Income Limits [24 CFR §5.603(b)]
Low-income family. A family whose annual income does not exceed 80 percent of the
median income for the area, adjusted for family size.
Very low-income family. A family whose annual income does not exceed 50 percent of
the median income for the area, adjusted for family size.
Extremely low-income family. A family whose annual income does not exceed the
federal poverty level or 30 percent of the median income for the area, whichever
number is higher.
Area median income is determined by HUD, with adjustments for smaller and larger
families. HUD may establish income ceilings higher or lower than 30, 50, or 80 percent
of the median income for an area if HUD finds that such variations are necessary
because of unusually high or low family incomes.
Using Income Limits for Eligibility [24 CFR §982.201 and Notice PIH 2023-27]
Income limits are used for eligibility only at admission. Income eligibility is determined
by comparing the annual income of an applicant to the applicable income limit for their
family size. Income and net family assets of household members are excluded when
determining income eligibility; however, household members are considered for
purposes of unit size and subsidy standards. In order to be income eligible, an
applicant family must be one of the following:
A very low-income family
A low-income family that has been "continuously assisted" under the 1937
Housing Act. A family is considered to be continuously assisted if the family is
already receiving assistance under any 1937 Housing Act program at the time
the family is admitted to the HCV program [24 CFR §982.4; 24 CFR 982.201(b)]
PHA Policy
The PHA 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
selected from the PHA’s waiting list.
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A low-income family that qualifies for voucher assistance as a non-
purchasing household living in HOPE 1 (public housing homeownership),
HOPE 2 (multifamily housing homeownership) developments, or other
HUD-assisted multifamily homeownership programs covered by 24 CFR
§248.173
A low-income or moderate-income family that is displaced as a result of
the prepayment of a mortgage or voluntary termination of a mortgage
insurance contract on eligible low-income housing as defined in 24 CFR
§248.101
A low-income family that is eligible for assistance under VASH [FR Notice
8/13/24]. See Chapter 19 of this policy for more information.
HUD permits the PHA to establish additional categories of low-income families that
may be determined eligible. The additional categories must be consistent with the PHA
plan and the consolidated plans for local governments within the PHA’s jurisdiction.
PHA Policy
The PHA has not established any additional categories of eligible low-income
families.
Using Income Limits for Targeting [24 CFR §982.201]
At least 75 percent of the families admitted to the PHA's program during a PHA fiscal
year must be extremely low-income families. HUD may approve exceptions to this
requirement if the PHA demonstrates that it has made all required efforts but has been
unable to attract an adequate number of qualified extremely low-income families.
Families continuously assisted under the 1937 Housing Act and families living in
eligible low- income housing that are displaced as a result of prepayment of a
mortgage or voluntary termination of a mortgage insurance contract are not counted for
income targeting purposes.
3-II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS
[24 CFR 5, SUBPART E]
Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals
(herein referred to as citizens and nationals), or noncitizens that have eligible
immigration status. 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.
All applicant families must be notified of the requirement to submit evidence of their
citizenship status when they apply. Where feasible, and in accordance with the PHA’s
Limited English Proficiency Plan, the notice must be in a language that is understood
by the individual if the individual is not proficient in English.
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Declaration [24 CFR §5.508]
HUD requires each family member to declare whether the individual is a citizen, a
national, or an eligible noncitizen, except those members who elect not to contend that
they have eligible immigration status. Those who elect not to contend their status are
considered to be ineligible noncitizens. For citizens, nationals, and eligible noncitizens
the declaration must be signed personally by the head, spouse, cohead, and any other
family member 18 or older, and by a parent or guardian for minors. The family must
identify in writing any family members who elect not to contend their immigration status
(see Ineligible Noncitizens below). No declaration is required for live-in aides, foster
children, or foster adults.
U.S. Citizens and Nationals
In general, citizens and nationals are required to submit only a signed declaration as
verification of their status. However, HUD regulations permit the PHA to request
additional documentation of their status, such as a passport.
PHA Policy
Family members who declare citizenship or national status will not be required
to provide additional documentation unless the PHA receives information
indicating that an individual’s declaration may not be accurate.
Eligible Noncitizens
In addition to providing a signed declaration, those declaring eligible noncitizen status
must sign a verification consent form and cooperate with PHA efforts to verify their
immigration status as described in Chapter 7. The documentation required for
establishing eligible noncitizen status varies depending upon factors such as the date
the person entered the U.S., the conditions under which eligible immigration status has
been granted, the person’s age, and the date on which the family began receiving HUD
-funded assistance.
Lawful residents of the Marshall Islands, the Federated States of Micronesia, and
Palau, together known as the Freely Associated States, or FAS, are eligible for housing
assistance under Section 141 of the Compacts of Free Association between the U.S.
Government and the Governments of the FAS [Public Law 106-504].
Ineligible Noncitizens
Those noncitizens who do not wish to contend their immigration status are required to
have their names listed on a non-contending family member listing, signed by the
head, spouse, or cohead (regardless of citizenship status), indicating their ineligible
immigration status. The PHA is not required to verify a family member’s ineligible
status and is not required to report an individual’s unlawful presence in the U.S. to the
United States Citizenship and Immigration Services (USCIS).
Providing housing assistance to noncitizen students is prohibited [24 CFR §5.522].
This prohibition extends to the noncitizen spouse of a noncitizen student as well as to
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minor children who accompany or follow to join the noncitizen student. Such prohibition
does not extend to the citizen spouse of a noncitizen student or to the children of the
citizen spouse and noncitizen student. Such a family is eligible for prorated assistance
as a mixed family.
Mixed Families
A family is eligible for assistance as long as at least one member is a citizen, national,
or eligible noncitizen. Families that include eligible and ineligible individuals are
considered mixed families. Such families will be given notice that their assistance will
be prorated, and they may request a hearing if they contest this determination. See
Chapter 6 for a discussion of how rents are prorated, and Chapter 16 for a discussion
of informal hearing procedures.
Ineligible Families [24 CFR §5.514(d),(e), and(f)]
A PHA may elect to provide assistance to a family before the verification of the
eligibility of the individual or one family member [24 CFR §5.512(b)]. Otherwise, no
individual or family may be assisted prior to the affirmative establishment by the PHA
that the individual or at least one family member is eligible Verification of eligibility for
this purpose occurs when the individual or family members have submitted
documentation to the PHA in accordance with program requirements [24 CFR
§5.512(a)].
PHA Policy
The PHA will not provide assistance to a family before the verification of at least
one family member.
When a PHA 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 10 business days of the determination.
The notice will explain the reasons for the denial of assistance, that the family
may be eligible for proration 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 PHA. The informal hearing
with the PHA may be requested in lieu of the USCIS appeal, or at the conclusion
of the USCIS appeal process. The notice must also 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.
Informal hearing procedures are contained in Chapter 16.
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Timeframe for Determination of Citizenship Status [24 CFR §5.508(g)]
For new occupants joining the assisted family the PHA must verify status at the first
interim or regular reexamination following the person’s occupancy, whichever comes
first.
If an individual qualifies for a time extension for the submission of required documents,
the PHA must grant such an extension for no more than 30 days [24 CFR §5.508(h)].
Each family member is required to submit evidence of eligible status only one time
during continuous occupancy.
PHA Policy
The PHA will verify the citizenship status of applicants at the time other eligibility
factors are determined.
3-II.C. SOCIAL SECURITY NUMBERS [24 CFR §5.216 AND §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. If a child under age 6
has been added to an applicant family within 6 months prior to voucher issuance, an
otherwise eligible family may be admitted to the program and must disclose and
document the child’s SSN within 90 days of the effective date of the initial HAP
contract. A detailed discussion of acceptable documentation is provided in Chapter 7.
Note: These requirements do not apply to noncitizens who do not contend eligible
immigration status.
The PHA must deny assistance to an applicant family if they do not meet the SSN
disclosure and documentation requirements contained in 24 CFR §5.216.
3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230, 24 CFR
§5.232,ANDHCV GB, P. 5-13]
HUD requires that each adult family member, and the head of household, spouse, or
cohead, regardless of age, sign form HUD-9886, Authorization for the Release of
Information/Privacy Act Notice, the form HUD-52675 Debts Owed to Public Housing
Agencies and Terminations, and other consent forms as needed to collect information
relevant to the family’s eligibility and level of assistance. Chapter 7 provides detailed
information concerning the consent forms and verification requirements. The consent
form remains effective until the family is denied assistance, assistance is terminated, or
the family provides written notification to revoke consent. The PHA must deny
admission to the program if any member of the applicant family fails to sign and submit
the consent forms for obtaining information in accordance with 24 CFR 5, Subparts B
and F [24 CFR §982.552(b)(3) and 24 CFR 5.232(a)].
Upon the PHA’s HOTMA 102/104 compliance date, the following on revocation of
consent is added:
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However, this does not apply if the applicant or participant, or any member of
their family, revokes their consent with respect to the ability of the PHA to
access financial records from financial institutions, unless the PHA establishes a
policy that revocation of consent to access financial records will result in denial
of admission or termination of assistance [24 CFR 5.232(c)].
PHA Policy
The PHA has established a policy that the family’s revocation of consent to allow
the PHA to access records from financial institutions will result in denial of
admission.
3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION
[24 CFR §5.612; FR NOTICE 4/10/06 FR NOTICE 09/21/16]
Section 327 of Public Law 109-115 and the implementing regulation at 24 CFR §5.612
established new restrictions on the eligibility of certain students (both part- and full-
time) who are enrolled in institutions of higher education.
If a student enrolled at an institution of higher education is under the age of 24, is not a
veteran, is not married, does not have a dependent child, and is not a person with
disabilities receiving HCV assistance as of November 30, 2005, the student’s eligibility
must be examined along with the income eligibility of the student’s parents. In these
cases, both the student and the student’s parents must be income eligible for the
student to receive HCV assistance. If, however, a student in these circumstances is
determined independent from their parents in accordance with PHA policy, the income
of the student’s parents will not be considered in determining the student’s eligibility.
The new law does not apply to students who reside with parents who are applying to
receive HCV assistance. It is limited to students who are seeking assistance on their
own, separately from their parents.
Definitions
In determining whether and how the new eligibility restrictions apply to a student, the
PHA will rely on the following definitions [FR Notice 4/10/06, FR Notice 9/21/16].
Dependent Child
In the context of the student eligibility restrictions, dependent child means a dependent
child of a student enrolled in an institution of higher education. The dependent child
must also meet the definition of dependent in 24 CFR §5.603, which states that the
dependent must be a member of the assisted family, other than the head of household
or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time
student. Foster children and foster adults are not considered dependents.
Independent Student
PHA Policy
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The PHA will consider a student “independent” from their parents and the
parents’ income will not be considered when determining the student’s eligibility
if the following four criteria are all met:
(1) The individual is of legal contract age under state law.
(2) The individual has established a household separate from their parents
for at least one year prior to application for occupancy or the individual
meets the U.S. Department of Education’s definition of independent
student.
**
To be considered an independent student according to the
Department of Education, a student must meet one or more of the
following criteria:
-
The individual is at least 24 years old by December 31 of the
award year for which aid is sought
-
The individual is an orphan, in foster care, or a ward of the
court, or was an orphan, in foster care, or ward of the court at
any time when the individual was 13 years of age or older
-
The individual is, or was immediately prior to attaining the age
of majority, an emancipated minor or in legal guardianship as
determined by a court of competent jurisdiction in the
individual’s state of legal residence
-
The individual is a veteran of the U.S. Armed Forces or is
currently serving on active duty in the Armed Forces for other
than training purposes
-
The individual is a graduate or professional student
-
The individual is married
-
The individual has one or more legal dependents other than a
spouse (for example, dependent children or an elderly
dependent parent)
-
The individual has been verified during the school year in which
the application is submitted as either an unaccompanied youth
who is a homeless child or youth, or as unaccompanied, at risk
of homelessness, and self-supporting by:
-
A local educational agency homeless liaison
-
-The director of a program funded under subtitle B of title
IV of the McKinney- Vento Homeless Assistance Act or a
designee of the director
-
-A financial aid administrator
-
The individual is a student for whom a financial aid administrator
makes a documented determination of independence by reason
of other unusual circumstances
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(3) The individual was not claimed as a dependent by their parents pursuant
to IRS regulations, as demonstrated on the parents’ most recent tax
forms.
(4) The individual provides a certification of the amount of financial assistance
that will be provided by their parents. This certification must be signed by
the individual providing the support and must be submitted even if no
assistance is being provided.
If the PHA determines that an individual meets the definition of a vulnerable youth such
a determination is all that is necessary to determine that the person is an independent
student for the purposes of using only the student’s income for determining eligibility for
assistance.
The PHA will verify that a student meets the above criteria in accordance with the
policies in Section 7-II.E.
Institution of Higher Education
The PHA will use the statutory definition under Section 102 of the Higher Education Act
of 1965 to determine whether a student is attending an institution of higher education
(see Exhibit 3-2).
Parents
PHA Policy
For purposes of student eligibility restrictions, the definition of parents includes
biological or adoptive parents, stepparents (as long as they are currently married
to the biological or adoptive parent), and guardians (e.g., grandparents,
aunt/uncle, godparents, etc.).
Person with Disabilities
The PHA will use the statutory definition under Section 3(b)(3)(E) of the 1937 Act to
determine whether a student is a person with disabilities (see Exhibit 3-1).
Veteran
PHA Policy
A veteran is a person who served in the active military, naval, or air service and
who was discharged or released from such service under conditions other than
dishonorable.
Vulnerable Youth
PHA Policy
A vulnerable youth is an individual who meets the U.S. Department of
Education’s definition of independent student in paragraphs (b), (c), or (h), as
adopted in Section II of FR Notice 9/21/16:
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The individual is an orphan, in foster care, or a ward of the court, or was
an orphan, in foster care, or ward of the court at any time when the
individual was 13 years of age or older
The individual is, or was immediately prior to attaining the age of majority,
an emancipated minor or in legal guardianship as determined by a court of
competent jurisdiction in the individual’s state of legal residence
The individual has been verified during the school year in which the
application is submitted as either an unaccompanied youth who is a
homeless child or youth, or as unaccompanied, at risk of homelessness,
and self-supporting by:
-
A local educational agency homeless liaison
-
The director of a program funded under subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act or a designee of the
director
-
A financial aid administrator
Determining Student Eligibility
If a student is applying for assistance on their own, apart from their parents, the PHA
must determine whether the student is subject to the eligibility restrictions contained in
24 CFR §5.612.
If the student is subject to those restrictions, the PHA must ensure that: (1) the student
is individually eligible for the program, (2) either the student is independent from their
parents or the student’s parents are income eligible for the program, and (3) the “family”
with which the student is applying is collectively eligible for the program.
PHA Policy
For any student who is subject to the §5.612 restrictions, the PHA will:
-
Follow its usual policies in determining whether the student individually
and the student’s “family” collectively are eligible for the program
-
Determine whether the student is independent from their parents in
accordance with the definition of independent student in this section
-
Follow the policies below, if applicable, in determining whether the
student’s parents are income eligible for the program
If the PHA determines that the student, the student’s parents (if applicable), or
the student’s “family” is not eligible, the PHA will send a notice of denial in
accordance with the policies in Section 3-III.F, and the applicant family will have
the right to request an informal review in accordance with the policies in Section
16-III.B.
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Determining Parental Income Eligibility
PHA Policy
For any student who is subject to the §5.612 restrictions and who does not
satisfy the definition of independent student in this section, the PHA will
determine the income eligibility of the student’s parents as follows:
If the student’s parents are married and living together, the PHA will obtain
a joint income declaration and certification of joint income from the
parents.
If the student’s parent is widowed or single, the PHA will obtain an income
declaration and certification of income from that parent.
If the student’s parents are divorced or separated, the PHA will obtain an
income declaration and certification of income from each parent.
If the student has been living with one of their parents and has not had
contact with or does not know where to contact their other parent, the PHA
will require the student to submit a certification under penalty of perjury
describing the circumstances and stating that the student does not receive
financial assistance from the other parent. The PHA will then obtain an
income declaration and certification of income from the parent with whom
the student has been living or had contact.
In determining the income eligibility of the student’s parents, the PHA will use the
income limits for the jurisdiction in which the parents live.
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3-II.F. EIV SYSTEM SEARCHES [EIV FAQS; EIV SYSTEM TRAINING 9/30/20; AND NOTICE
PIH 2023-27]
Existing Tenant Search
Prior to admission to the program, the PHA must search for all household members
using the EIV Existing Tenant Search module. The PHA must review the reports for any
SSA matches involving another PHA or a multifamily entity and follow up on any issues
identified.
The PHA must provide the family with a copy of the Existing Tenant Search results if
requested. At no time may any family member receive duplicative assistance.
If the tenant is a new admission to the PHA, and a match is identified at a multifamily
property, the PHA must report the program admission date to the multifamily property
and document the notification in the tenant file. The family must provide documentation
of move-out from the assisted unit, as applicable.
PHA Policy
The PHA will contact the PHA, or owner identified in the report to confirm that the
family has moved out of the unit and obtain documentation of current tenancy
status, including a form HUD-50058 or 50059, as applicable, showing an end of
participation. The PHA will only approve assistance contingent upon the move-
out from the currently occupied assisted unit.
Debts Owed to PHAs and Terminations
All adult household members must sign the form HUD-52675 Debts Owed to Public
Housing and Terminations. Prior to admission to the program, the PHA must search for
each adult family member in the Debts Owed to PHAs and Terminations module.
If a current or former tenant disputes the information in the module, the tenant should
contact the PHA directly in writing to dispute the information and provide any
documentation that supports the dispute. If the PHA determines that the disputed
information is incorrect, the PHA will update or delete the record from EIV. Former
tenants may dispute debt and termination information for a period of up to three years
from the end of participation date in the program.
PHA Policy
The PHA will require each adult household member to sign the form HUD-52675
once at the eligibility determination. Any new members added to the household
after admission will be required to sign the form HUD-52675 prior to being added
to the household.
The PHA will search the Debts Owed to PHAs and Terminations module as part
of the eligibility determination for new households and as part of the screening
process for any household members added after the household is admitted to the
program. If any information on debts or terminations is returned by the search,
3 - 24
the PHA will determine if this information warrants a denial in accordance with
the policies in Part III of this chapter.
EIV Income Reports
For each new admission, the PHA is required to review the income information in EIVto
confirm and validate family reported income within 120 days after the admission
information is transmitted to HUD. The PHA must print and maintain copies of the
reports in the tenant file and resolve any discrepancies .
3 - 25
PART III: DENIAL OF ASSISTANCE
3-III.A. OVERVIEW
A family that does not meet the eligibility criteria discussed in Parts I and II, must be
denied assistance. A PHA may deny assistance for an applicant because of the family’s
action or failure to act as described in 24 CFR 982.552 or 982.553. In this section we
will discuss other situations and circumstances in which denial of assistance is
mandatory for the PHA, and those in which denial of assistance is optional for the PHA.
While the regulations state that the PHA must prohibit admission for certain types of
criminal activity and give the PHA the option to deny for other types of previous criminal
history, more recent HUD rules and OGC guidance must also be taken into
consideration when determining whether a particular individual’s criminal history merits
denial of admission.
When considering any denial of admission, PHAs may not use arrest records as the
sole basis for the denial. HUD does not require the adoption of “One Strike” policies
and reminds PHAs of their obligation to safeguard the due process rights of applicants
and tenants [Notice PIH 2015-19].HUD’s Office of General Counsel issued a memo on
April 4, 2016, regarding the application of Fair Housing Act standards to the use of
criminal records. This memo states that a PHA violates the Fair Housing Act when their
policy or practice has an unjustified discriminatory effect, even when the PHA had no
intention to discriminate. Where a policy or practice that restricts admission based on
criminal history has a disparate impact on a particular race, national origin, or other
protected class, that policy or practice is in violation of the Fair Housing Act if it is not
necessary to serve a substantial, legitimate, nondiscriminatory interest of the PHA, or if
that interest could be served by another practice that has a less discriminatory effect
[OGC Memo 4/4/16]. HUD codified this stance on disparate impact and discriminatory
effects in a final rule dated March 31, 2023. In doing so, HUD also standardized its long-
practiced three-step approach to assessing burdens of proof.
PHAs who impose blanket prohibitions on any person with any conviction record, no
matter when the conviction occurred, what the underlying conduct entailed, or what the
convicted person has done since then will be unable to show that such policy or practice
is necessary to achieve a substantial, legitimate, nondiscriminatory interest. Even a
PHA with a more tailored policy or practice that excludes individuals with only certain
types of convictions must still prove that its policy is necessary. To do this, the PHA
must show that its policy accurately distinguishes between criminal conduct that
indicates a demonstrable risk to resident safety and property and criminal conduct that
does not.
Forms of Denial [24 CFR §982.552(a)(2); HCV GB, p. 5-35]
Denial of assistance includes any of the following:
Not placing the family's name on the waiting list
Denying or withdrawing a voucher
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Not approving a request for tenancy or refusing to enter into a HAP contract
Refusing to process a request for or to provide assistance under portability
procedures
Prohibited Reasons for Denial of Program Assistance [24 CFR §982.202(b); 24
CFR §5.2005(b)]
HUD rules prohibit denial of program assistance to the program based on any of the
following criteria:
Age, disability, race, color, religion, sex, or national origin. (See Chapter 2 for
additional information about fair housing and equal opportunity requirements.)
Where a family lives prior to admission to the program
Where the family will live with assistance under the program. Although eligibility
is not affected by where the family will live, there may be restrictions on the
family's ability to move outside the PHA's jurisdiction under portability. (See
Chapter 10)
Whether members of the family are unwed parents, recipients of public
assistance, or children born out of wedlock
Whether the family includes children
Whether a family decides to participate in a family self-sufficiency program
Whether or not a qualified applicant is or has been a victim of domestic violence,
dating violence, sexual assault, stalking, or human trafficking if the applicant is
otherwise qualified for assistance (see Section 3- III.G.)
3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR §982.553(A) AND 24 CFR
982.552(B)(6)]
HUD requires the PHA to deny assistance in the following cases:
Any member of the household has been evicted from federally assisted housing in
the last three (3) years for drug-related criminal activity. HUD permits, but does not
require, the PHA to admit an otherwise-eligible family if the household member has
completed a PHA-approved drug rehabilitation program or the circumstances
which led to eviction no longer exist (e.g., the person involved in the criminal
activity no longer lives in the household).
PHA Policy
The PHA will admit an otherwise-eligible family who was evicted from federally-
assisted housing within the past three (3) years for drug-related criminal
activity, if the PHA is able to verify that the household member who engaged in
the criminal activity has completed a supervised drug rehabilitation program
approved by the PHA, or the person who committed the crime, is no longer
living in the household.
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The PHA determines that any household member is currently engaged in the use
of illegal drugs.
PHA Policy
Currently engaged in is defined as any use of illegal drugs during the previous
three (3) months.
The PHA has reasonable cause to believe that any household member's current
use or pattern of use of illegal drugs, or current abuse or pattern of abuse of
alcohol, may threaten the health, safety, or right to peaceful enjoyment of the
premises by other residents.
PHA Policy
The PHA will consider the use of a controlled substance or alcohol to be a
pattern if there is more than one incident during the previous three (3) months.
In determining reasonable cause, the PHA will consider all credible evidence,
including but not limited to, any record of convictions, arrests, or evictions of
household members related to the use of illegal drugs or the abuse of alcohol.
A record or records of arrest will not be used as the sole basis of determining
reasonable cause. The PHA will also consider evidence from treatment
providers or community-based organizations providing services to household
members.
Any household member has ever been convicted of drug-related criminal activity
for the production or manufacture of methamphetamine on the premises of
federally assisted housing
Any household member is subject to a lifetime registration requirement under a
state sex offender registration program
Any member of the family fails to sign and submit consent forms for obtaining
information.
The family does not meet the restrictions on net assets and real property
ownership as required by 24 CFR 5.618.
Upon the PHA’s HOTMA 102/104 compliance date, the following section on the
asset limitation is added. The asset limitation does not apply until the PHA’s
HOTMA compliance date.
3-III.C. RESTRICTION ON ASSISTANCE BASED ON ASSETS [24 CFR 5.618]
There are two circumstances under which a family is ineligible to receive assistance
based on asset ownership.
First, assistance may not be provided to any family if the family’s net assets exceed the
HUD-published asset limitation amount (adjusted annually by HUD).
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This amount is listed in HUD’s current year Inflation-Adjusted Values tables
$100,000 for 2024, $103,200 for 2025
Second, the family has real property that is suitable for occupancy by the family as a
residence and the family has:
A present ownership interest in the real property; and
A legal right to reside in the real property; and
The effective legal authority to sell (based on state or local laws of the jurisdiction
where the property is located) the real property.
The PHA does not have the discretion not to enforce or provide limited enforcement of
the asset limitation at admission. However, the real property restriction does not apply in
the following circumstances:
Any property for which the family is receiving assistance for a manufactured home
under 24 CFR 982.620 or under the HCV Homeownership program;
Any property that is jointly owned by a member of the family and at least one non-
household member who does not live with the family, if the non-household member
resides at the jointly owned property;
Any family that is offering the property for sale; or
Any person who is a victim of domestic violence, dating violence, sexual assault, or
stalking.
-
When a family asks for an exception because a family member is a victim of
domestic violence, dating violence, sexual assault, or stalking, the PHA must
comply with all the confidentiality requirements under VAWA. The PHA must
accept a self-certification from the family member, and the restrictions on
requesting documentation under VAWA apply.
A property is considered suitable for occupancy unless the family demonstrates that it:
Does not meet the disability-related needs for all members of the family (e.g.,
physical accessibility requirements, disability-related need for additional bedrooms,
proximity to accessible transportation, etc.);
Is not sufficient for the size of the family;
PHA Policy
The PHA defines not sufficient for the size of the family as being overcrowded
based on the PHA’s subsidy standards in Chapter 5 of this policy.
Is geographically located so as to be a hardship for the family (e.g., the distance or
commuting time between the property and the family's place of work or school would
be a hardship to the family, as determined by the PHA or owner);
PHA Policy
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In general, the PHA defines a geographic hardship to include when a family
members’ work, school, health care provider, or other necessary service is
located an unreasonable distance from the real property or there is a lack of
adequate transportation options for the family to access work, school, health
care, or other necessary services. The PHA will consider circumstantial details a
family faces when determining whether a geographic hardship is present.
Is not safe to reside in because of the physical condition of the property (e.g.,
property’s physical condition poses a risk to the family’s health and safety and the
condition of the property cannot be easily remedied); or
Is not a property that a family may reside in under the state or local laws of the
jurisdiction where the property is located.
If a family meets one of the above exceptions, the real property is not
automatically excluded from the calculation of net family assets. Unless the real
property is specifically excluded from net family assets as described in 24 CFR
5.603 and Chapter 6 of this policy, it will be included in net family assets. If the
value of that real property brings the net family assets above the HUD-published
asset limitation amount, the family is out of compliance with the asset limitation.
See Chapter 7 for information on verifying net family assets for purposes of the
asset limitation.
3-III.D. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE
HUD permits, but does not require, the PHA to deny assistance for the reasons
discussed in this section.
Criminal Activity [24 CFR 982.553]
HUD permits, but does not require, the PHA to deny assistance if the PHA determines
that any household member is currently engaged in or has engaged in during a
reasonable time before the family would receive assistance, certain types of criminal
activity.
PHA Policy
If any household member is currently engaged in or has engaged in any of the
following criminal activities, within the past three years, the family will be denied
assistance.
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 [24 CFR 5.100];
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 [24 CFR 5.100];
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Criminal activity that may threaten the health, safety, or right to peaceful
enjoyment of the premises by other residents or persons residing in the
immediate vicinity;
Immediate vicinity means within a three-block radius of the
premises.
Criminal sexual conduct, including but not limited to sexual assault, incest,
open and gross lewdness, or child abuse; or
Criminal activity that may threaten the health or safety of property owners,
management staff, and persons performing contract administration
functions or other responsibilities on behalf of the PHA (including a PHA
employee or a PHA contractor, subcontractor, or agent).
Evidence of such criminal activity includes, but is not limited to:
Any conviction for drug-related or violent criminal activity within the past
three years.
Records of arrests for drug-related or violent criminal activity within the
past three years, although a record or records of arrest will not be used as
the sole basis for the denial or proof that the applicant engaged in
disqualifying criminal activity.
In making its decision to deny assistance, the PHA will consider the factors
discussed in Section 3-III.F and 3-III.G. Upon consideration of such factors, the
PHA may, on a case-by-case basis, decide not to deny assistance.
Previous Behavior in Assisted Housing [24 CFR 982.552(c)]
HUD authorizes the PHA to deny assistance based on the family’s previous behavior in
assisted housing.
PHAs are not permitted to deny assistance to a family because the family previously
failed to meet its obligations under the Family Self-Sufficiency (FSS) program [24 CFR
984.101(d)].
PHA Policy
The PHA will deny assistance to an applicant family if:
The family does not provide information that the PHA or HUD determines
is necessary in the administration of the program.
The family does not provide complete and true information to the PHA.
Any family member has been evicted from federally assisted housing in
the last three years.
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Any family member has committed fraud, bribery, or any other corrupt or
criminal act in connection with any federal housing program.
The family owes rent or other amounts to any PHA in connection with
Section 8 or other public housing assistance under the 1937 Act, unless
the family repays the full amount of the debt prior to being selected from
the waiting list.
If the family has not reimbursed any PHA for amounts the PHA paid to an
owner under a HAP contract for rent, damages to the unit, or other
amounts owed by the family under the lease, unless the family repays the
full amount of the debt prior to being selected from the waiting list.
The family has breached the terms of a repayment agreement entered into
with the PHA, unless the family repays the full amount of the debt covered
in the repayment agreement prior to being selected from the waiting list.
When denying admission due to family debts as shown in HUD’s
EIV system, the PHA will provide the family with a copy of the EIV
Debt Owed to PHA and Termination report.
If the family wishes to dispute the information in the report, the
family must contact the PHA that entered the information in EIV in
writing, explaining why EIV information is disputed. The family must
also provide a copy of the letter and all applicable verification to the
PHA to support the family’s claim. The PHA will consider the
information provided by the family prior to issuing a notice of denial.
A family member has engaged in or threatened violent or abusive
behavior toward PHA personnel.
Abusive or violent behavior towards PHA 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.
Threatening refers to oral or written threats or physical gestures
that communicate intent to abuse or commit violence.
In making its decision to deny assistance, the PHA will consider the factors
discussed in Section 3-III.F and 3-III.G. Upon consideration of such factors, the
PHA may, on a case-by-case basis, decide not to deny assistance.
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3-III.E. SCREENING
Screening for Eligibility
PHAs are authorized to obtain criminal conviction records from law enforcement
agencies to screen applicants for admission to the HCV program. This authority assists
the PHA in complying with HUD requirements and PHA policies to deny assistance to
applicants who are engaging in or have engaged in certain criminal activities. In order to
obtain access to the records the PHA must require every applicant family to submit a
consent form signed by each adult household member [24 CFR 5.903].
PHA Policy
The PHA will perform a criminal background check through local law
enforcement for every adult household member.
If the results of the criminal background check indicate that there may be past
criminal activity, but the results are inconclusive, the PHA will request a
fingerprint card and will request information from the National Crime Information
center (NCIC).
While a PHA has regulatory authority to use criminal conviction records for the purpose
of applicant screening for admission, there is no corresponding authority to use these
records to check for criminal and illegal drug activity by participants, and therefore,
PHAs may not use records for this purpose.
PHAs are required to perform criminal background checks necessary to determine
whether any household member is subject to a lifetime registration requirement under a
state sex offender program in the state where the housing is located, as well as in any
other state where a household member is known to have resided [24 CFR
982.553(a)(2)(i)].
PHA Policy
The PHA will use the Dru Sjodin National Sex Offender database to screen
applicants for admission.
Additionally, PHAs must ask whether the applicant, or any member of the applicant’s
household, is subject to a lifetime registered sex offender registration requirement in
any state [Notice PIH 2012-28].
If the PHA proposes to deny assistance based on a criminal record or on lifetime sex
offender registration information, the PHA must notify the household of the proposed
action and must provide the subject of the record and the applicant a copy of the record
and an opportunity to dispute the accuracy and relevance of the information prior to a
denial of admission. [24 CFR 5.903(f) and 5.905(d)].
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Screening for Suitability as a Tenant [24 CFR 982.307]
The PHA has no liability or responsibility to the owner for the family’s behavior or
suitability for tenancy. The PHA has the authority to conduct additional screening to
determine whether an applicant is likely to be a suitable tenant.
PHA Policy
The PHA will not conduct additional screening to determine an applicant family’s
suitability for tenancy.
The owner is responsible for screening and selection of the family to occupy the owner’s
unit. The PHA must inform the owner that screening and selection for tenancy is the
responsibility of the owner. An owner may consider a family’s history with respect to
factors such as: payment of rent and utilities, caring for a unit and premises, respecting
the rights of other residents to the peaceful enjoyment of their housing, criminal activity
that is a threat to the health, safety or property of others, and compliance with other
essential conditions of tenancy.
HUD requires the PHA to provide prospective owners with the family’s current and prior
address (as shown in PHA records) and the name and address (if known) of the owner
at the family’s current and prior addresses. HUD permits the PHA to provide owners
with additional information, as long as families are notified that the information will be
provided, and the same type of information is provided to all owners.
The PHA may not disclose to the owner any confidential information provided to the
PHA by the family in response to a PHA request for documentation of domestic
violence, dating violence, sexual assault, stalking, or human trafficking, except at the
written request or with the written consent of the individual providing the documentation
[see 24 CFR 5.2007(a)(4)].
PHA Policy
The PHA will inform owners of their responsibility to screen prospective tenants
and will provide owners with the required known name and address information,
at the time of the initial inspection or before. The PHA will not provide any
additional information to the owner, such as tenancy history or criminal history,
etc.
3-III.F. CRITERIA FOR DECIDING TO DENY ASSISTANCE
Evidence [24 CFR 982.553(c)]
PHA Policy
The PHA will use the concept of 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,
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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.
Consideration of Circumstances [24 CFR 982.552(c)(2)]
HUD authorizes the PHA to consider all relevant circumstances when deciding whether to deny
assistance based on a family’s past history except in the situations for which denial of
assistance is mandatory (see Section 3-III.B).
PHA Policy
The PHA will consider the following facts and circumstances prior to making its
decision:
The seriousness of the case, especially with respect to how it would affect
other residents’ safety or property
The effects that denial of assistance may have on other members of the
family who were not involved in the action or failure to act
The extent of participation or culpability of individual family members,
including whether the culpable family member is a minor or a person with
disabilities, or (as discussed further in section 3-III.H.) a victim of domestic
violence, dating violence, sexual assault, stalking, or human trafficking
The length of time since the violation occurred, including the age of the
individual at the time of the conduct, as well as the family’s recent history
and the likelihood of favorable conduct in the future
While a record or records of arrest will not be used as the sole basis for
denial, an arrest may trigger an investigation to determine whether the
applicant actually engaged in disqualifying criminal activity. As part of its
investigation, the PHA may obtain the police report associated with the
arrest and consider the reported circumstances of the arrest. The PHA
may also consider:
Any statements made by witnesses or the applicant not included in
the police report
Whether criminal charges were filed
Whether, if filed, criminal charges were abandoned, dismissed, not
prosecuted, or ultimately resulted in an acquittal
Any other evidence relevant to determining whether or not the
applicant engaged in disqualifying activity
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Evidence of criminal conduct will be considered if it indicates a
demonstrable risk to safety and/or property.
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.
The PHA will require the applicant 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.
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Removal of a Family Member's Name from the Application
Should the PHA’s screening process reveal that an applicant’s household includes an individual
subject to state lifetime registered sex offender registration, the PHA must offer the family the
opportunity to remove the ineligible family member from the household. If the family is unwilling
to remove that individual from the household, the PHA must deny admission to the family
[Notice PIH 2012-28].
For other criminal activity, the PHA may permit the family to exclude the culpable family
members as a condition of eligibility. [24 CFR 982.552(c)(2)(ii)].
PHA Policy
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, stay
as a guest, or reside in the assisted unit.
After admission to the program, the family must present evidence of the former
family member’s current address upon PHA request.
Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]
If the family includes a person with disabilities, the PHA’s decision concerning denial of
admission is subject to consideration of reasonable accommodation in accordance with 24 CFR
Part 8.
PHA Policy
If the family indicates that the behavior of a family member with a disability is the
reason for the proposed denial of assistance, the PHA will determine whether the
behavior is related to the stated disability. If so, upon the family’s request, the
PHA will determine whether admitting the family as a reasonable accommodation
is appropriate. The PHA will only consider accommodations that can reasonably
be expected to address the behavior that is the basis of the proposed denial of
assistance. See Chapter 2 for a discussion of reasonable accommodation.
3-III.G. NOTICE OF ELIGIBILITY OR DENIAL
If the family is eligible for assistance, the PHA will notify the family in writing and
schedule an applicant briefing, as discussed in Chapter 5.
If the PHA determines that a family is not eligible for the program for any reason, the
family must be notified promptly. The notice must describe: (1) the reasons for which
assistance has been denied, (2) the family’s right to an informal review, and (3) the
process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for
informal review policies and procedures.
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PHA Policy
The family will be notified of a decision to deny assistance in writing within 10
business days of the determination.
If a PHA uses a criminal record or sex offender registration information obtained under
24 CFR 5, Subpart J, as the basis of a denial, a copy of the record must precede the
notice to deny, with an opportunity for the applicant to dispute the accuracy and
relevance of the information before the PHA can move to deny the application. In
addition, a copy of the record must be provided to the subject of the record [24 CFR
5.903(f) and 5.905(d)]. The PHA must give the family an opportunity to dispute the
accuracy and relevance of that record, in the informal review process in accordance
with program requirements [24 CFR 982.553(d)].
PHA Policy
If based on a criminal record or sex offender registration information, an applicant
family appears to be ineligible the PHA will notify the family in writing of the
proposed denial and provide a copy of the record to the applicant and to the
subject of the record. The family will be given 10 business days to dispute the
accuracy and relevance of the information. If the family does not contact the PHA
to dispute the information within that 10-day period, the PHA 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
review process.
Notice requirements related to denying assistance to noncitizens are contained in
Section 3-II.B.
Notice policies related to denying admission to applicants who may be victims of
domestic violence, dating violence, sexual assault, stalking, or human trafficking are
contained in Section 3-III.H.
3-III.H. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND HUMAN
TRAFFICKING
The Violence against Women Act (VAWA) and the HUD regulation at 24 CFR 5.2005(b)
prohibit PHAs from denying an applicant admission to the HCV program on the basis or
as a direct result of the fact that the applicant is or has been a victim of domestic
violence, dating violence, sexual assault, or stalking, if the applicant otherwise qualifies
for assistance or admission.
Although the VAWA 2022 statute does not specifically include human trafficking in
the list of victims protected under VAWA, in 2022 HUD began including human
trafficking as part of the list of victims protected under VAWA (as seen in Notices
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PIH 2022-06, PIH 2022-22, and PIH 2022-24). In the absence of a final rule
implementing VAWA 2022 and to mirror HUD’s recent usage, this policy includes
human trafficking in addition to domestic violence, dating violence, sexual assault,
and stalking anywhere such a list appears.
Definitions of key terms used in VAWA are provided in section 16-IX of this plan, where
general VAWA requirements and policies pertaining to notification, documentation, and
confidentiality are also located.
Notification
VAWA requires PHAs to provide applicants who are denied assistance with a VAWA
Notice of Occupancy Rights (form HUD–5380) and a domestic violence certification
form (HUD-5382) at the time the applicant is denied.
PHA Policy
The PHA acknowledges that a victim of domestic violence, dating violence,
sexual assault, stalking, or human trafficking may have an unfavorable history
(e.g., a poor credit history, poor rental history, a record of previous damage to an
apartment, a prior arrest record) due to adverse factors that would warrant denial
under the PHA’s policies.
While the PHA is not required to identify whether adverse factors that resulted in
the applicant’s denial are a result of domestic violence, dating violence, sexual
assault, stalking, or human trafficking, the applicant may inform the PHA that
their status as a victim is directly related to the grounds for the denial. The PHA
will request that the applicant provide enough information to the PHA to allow the
PHA to make an objectively reasonable determination, based on all
circumstances, whether the adverse factor is a direct result of their status as a
victim.
The PHA will include in its notice of denial the VAWA information described in
section 16-IX.C of this plan as well as including a copy of the form HUD-5382.
The PHA will request in writing that an applicant wishing to claim protection
under VAWA notify the PHA within 14 business days.
Documentation
Victim Documentation [24 CFR 5.2007]
PHA Policy
If an applicant claims the protection against denial of assistance that VAWA
provides to victims of domestic violence, dating violence, sexual assault, stalking,
or human trafficking, the PHA will request in writing that the applicant provide
documentation supporting the claim in accordance with section 16-IX.D of this
plan.
Perpetrator Documentation
PHA Policy
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If the perpetrator of the abuse is a member of the applicant family, the applicant
must provide additional documentation consisting of one of the following:
A signed statement (1) requesting that the perpetrator be removed from
the application and (2) certifying that the perpetrator will not be permitted
to visit or to stay as a guest in the assisted unit
Documentation that the perpetrator has successfully completed, or is
successfully undergoing, rehabilitation or treatment. The documentation
must be signed by an employee or agent of a domestic violence service
provider or by a medical or other knowledgeable professional from whom
the perpetrator has sought or is receiving assistance in addressing the
abuse. The signer must attest under penalty of perjury to their belief that
the rehabilitation was successfully completed or is progressing
successfully. The victim and perpetrator must also sign or attest to the
documentation.
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EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO DISABILITIES
Person with Disabilities [24 CFR 5.403]
The term person with disabilities means a person who has any of the following types of
conditions:
Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads:
Inability to engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected to result in
death or which has lasted or can be expected to last for a continuous period of
not less than 12 months; or
In the case of an individual who has attained the age of 55 and is blind (within the
meaning of “blindness” as defined in section 416(i)(1) of this title), inability by
reason of such blindness to engage in substantial gainful activity, requiring skills
or ability comparable to those of any gainful activity in which he has previously
engaged with some regularity and over a substantial period of time.
Has a developmental disability as defined in the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 [42 U.S.C.15002(8)], which defines
developmental disability in functional terms as follows:
(A)In General
The term “developmental disability” means a severe, chronic disability of an
individual that:
(i) is attributable to a mental or physical impairment or combination of mental
and physical impairments;
(ii) is manifested before the individual attains age 22;
(iii) is likely to continue indefinitely;
(iv) results in substantial functional limitations in 3 or more of the following
areas of major life activity: (I) Self-care, (II) Receptive and expressive
language, (III) Learning, (IV) Mobility, (V) Self-direction, (VI) Capacity for
independent living, (VII) Economic self-sufficiency; and
(v) reflects the individual’s need for a combination and sequence of special,
interdisciplinary, or generic services, individualized supports, or other
forms of assistance that are of lifelong or extended duration and are
individually planned and coordinated.
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(B) Infants and Young Children
An individual from birth to age 9, inclusive, who has a substantial developmental
delay or specific congenital or acquired condition, may be considered to have a
developmental disability without meeting 3 or more of the criteria described in
clauses (i) through (v) of subparagraph (A) if the individual, without services and
supports, has a high probability of meeting those criteria later in life.
Has a physical, mental, or emotional impairment that is expected to be of long-
continued and indefinite duration; substantially impedes their ability to live
independently, and is of such a nature that the ability to live independently could be
improved by more suitable housing conditions.
People with the acquired immunodeficiency syndrome (AIDS) or any conditions arising
from the etiologic agent for AIDS are not excluded from this definition.
A person whose disability is based solely on any drug or alcohol dependence does not
qualify as a person with disabilities for the purposes of this program.
For purposes of reasonable accommodation and program accessibility for persons with
disabilities, the term person with disabilities refers to an individual with handicaps.
Individual with Handicaps [24 CFR 8.3]
Individual with handicaps means any person who has a physical or mental impairment
that substantially limits one or more major life activities; has a record of such an
impairment; or is regarded as having such an impairment. The term does not include
any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs
prevents the individual from participating in the program or activity in question, or whose
participation, by reason of such current alcohol or drug abuse, would constitute a direct
threat to property or the safety of others. As used in this definition, the phrase:
(1) Physical or mental impairment includes:
(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical
loss affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin;
and endocrine; or
(b) Any mental or psychological disorder, such as mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning disabilities. The term
physical or mental impairment includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, mental retardation, emotional illness, drug addiction and
alcoholism.
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(2) Major life activities means functions such as caring for one's self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(3) Has a record of such an impairment means has a history of, or has been
misclassified as having, a mental or physical impairment that substantially limits one
or more major life activities.
(4) Is regarded as having an impairment means:
(a) Has a physical or mental impairment that does not substantially limit one or more
major life activities but that is treated by a recipient as constituting such a
limitation;
(b) Has a physical or mental impairment that substantially limits one or more major
life activities only as a result of the attitudes of others toward such impairment; or
(c) Has none of the impairments defined in paragraph (1) of this section but is
treated by a recipient as having such an impairment.
3 - 43
EXHIBIT 3-2: DEFINITION OF INSTITUTION OF HIGHER EDUCATION
[20 U.S.C. 1001 and 1002]
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing
Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006]
Institution of Higher Education shall have the meaning given this term in the Higher
Education Act of 1965 in 20 U.S.C. 1001 and 1002.
Definition of ‘‘Institution of Higher Education’’ From 20 U.S.C. 1001
(a) Institution of higher education. For purposes of this chapter, other than subchapter
IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher
education’’ means an educational institution in any State that
(1) Admits as regular students only persons having a certificate of graduation from a
school providing secondary education, or the recognized equivalent of such a
certificate;
(2) Is legally authorized within such State to provide a program of education beyond
secondary education;
(3) Provides an educational program for which the institution awards a bachelor’s
degree or provides not less than a 2-year program that is acceptable for full
credit toward such a degree;
(4) Is a public or other nonprofit institution; and
(5) Is accredited by a nationally recognized accrediting agency or association, or if
not so accredited, is an institution that has been granted preaccreditation status
by such an agency or association that has been recognized by the Secretary for
the granting of preaccreditation status, and the Secretary has determined that
there is satisfactory assurance that the institution will meet the accreditation
standards of such an agency or association within a reasonable time.
(b) Additional institutions included. For purposes of this chapter, other than subchapter
IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher
education’’ also includes—
(1) Any school that provides not less than a 1-year program of training to prepare
students for gainful employment in a recognized occupation and that meets the
provision of paragraphs (1), (2), (4), and (5) of subsection (a) of this section; and
(2) A public or nonprofit private educational institution in any State that, in lieu of the
requirement in subsection (a)(1) of this section, admits as regular students
persons who are beyond the age of compulsory school attendance in the State in
which the institution is located.
3 - 44
(c) List of accrediting agencies. For purposes of this section and section 1002 of this
title, the Secretary shall publish a list of nationally recognized accrediting agencies
or associations that the Secretary determines, pursuant to subpart 2 of part G of
subchapter IV of this chapter, to be reliable authority as to the quality of the
education or training offered.
Definition of ‘‘Institution of Higher Education’’ From 20 U.S.C. 1002
(a) Definition of institution of higher education for purposes of student assistance
programs
(1) Inclusion of additional institutions. Subject to paragraphs (2) through (4) of this
subsection, the term ‘‘institution of higher education’’ for purposes of subchapter
IV of this chapter and part C of subchapter I of chapter 34 of title 42 includes, in
addition to the institutions covered by the definition in section 1001 of this title—
(A) A proprietary institution of higher education (as defined in subsection (b) of
this section);
(B) A postsecondary vocational institution (as defined in subsection (c) of this
section); and
(C)Only for the purposes of part B of subchapter IV of this chapter, an institution
outside the United States that is comparable to an institution of higher
education as defined in section 1001 of this title and that has been approved
by the Secretary for the purpose of part B of subchapter IV of this chapter.
(2) Institutions outside the United States
(A) In general. For the purpose of qualifying as an institution under paragraph
(1)(C), the Secretary shall establish criteria by regulation for the approval of
institutions outside the United States and for the determination that such
institutions are comparable to an institution of higher education as defined in
section 1001 of this title (except that a graduate medical school, or a
veterinary school, located outside the United States shall not be required to
meet the requirements of section 1001 (a)(4) of this title). Such criteria shall
include a requirement that a student attending such school outside the United
States is ineligible for loans made, insured, or guaranteed under part B of
subchapter IV of this chapter unless—
(i) In the case of a graduate medical school located outside the United
States—
(I)(aa) At least 60 percent of those enrolled in, and at least 60 percent of
the graduates of, the graduate medical school outside the United
States were not persons described in section 1091(a)(5) of this title in
the year preceding the year for which a student is seeking a loan under
part B of subchapter IV of this chapter; and
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(bb) At least 60 percent of the individuals who were students or graduates
of the graduate medical school outside the United States or Canada
(both nationals of the United States and others) taking the
examinations administered by the Educational Commission for Foreign
Medical Graduates received a passing score in the year preceding the
year for which a student is seeking a loan under part B of subchapter
IV of this chapter; or
(II) The institution has a clinical training program that was approved by a
State as of January 1, 1992; or
(ii) In the case of a veterinary school located outside the United States that
does not meet the requirements of section 1001(a)(4) of this title, the
institution’s students complete their clinical training at an approved
veterinary school located in the United States.
(B) Advisory panel
(i) In general. For the purpose of qualifying as an institution under paragraph
(1)(C) of this subsection, the Secretary shall establish an advisory panel of
medical experts that shall—
(I) Evaluate the standards of accreditation applied to applicant foreign
medical schools; and
(II) Determine the comparability of those standards to standards for
accreditation applied to United States medical schools.
(ii) Special rule if the accreditation standards described in clause (i) are
determined not to be comparable, the foreign medical school shall be
required to meet the requirements of section 1001 of this title.
(C)Failure to release information. The failure of an institution outside the United
States to provide, release, or authorize release to the Secretary of such
information as may be required by subparagraph (A) shall render such
institution ineligible for the purpose of part B of subchapter IV of this chapter.
(D)Special rule. If, pursuant to this paragraph, an institution loses eligibility to
participate in the programs under subchapter IV of this chapter and part C of
subchapter I of chapter 34 of title 42, then a student enrolled at such
institution may, notwithstanding such loss of eligibility, continue to be eligible
to receive a loan under part B while attending such institution for the
academic year succeeding the academic year in which such loss of eligibility
occurred.
(3) Limitations based on course of study or enrollment. An institution shall not be
considered to meet the definition of an institution of higher education in
paragraph (1) if such institution—
3 - 46
(A) Offers more than 50 percent of such institution’s courses by correspondence,
unless the institution is an institution that meets the definition in section 2471
(4)(C) of this title;
(B) Enrolls 50 percent or more of the institution’s students in correspondence
courses, unless the institution is an institution that meets the definition in such
section, except that the Secretary, at the request of such institution, may
waive the applicability of this subparagraph to such institution for good cause,
as determined by the Secretary in the case of an institution of higher
education that provides a 2-or 4-year program of instruction (or both) for
which the institution awards an associate or baccalaureate degree,
respectively;
(C)Has a student enrollment in which more than 25 percent of the students are
incarcerated, except that the Secretary may waive the limitation contained in
this subparagraph for a nonprofit institution that provides a 2-or 4-year
program of instruction (or both) for which the institution awards a bachelor’s
degree, or an associate’s degree or a postsecondary diploma, respectively; or
(D)Has a student enrollment in which more than 50 percent of the students do
not have a secondary school diploma or its recognized equivalent, and does
not provide a 2-or 4-year program of instruction (or both) for which the
institution awards a bachelor’s degree or an associate’s degree, respectively,
except that the Secretary may waive the limitation contained in this
subparagraph if a nonprofit institution demonstrates to the satisfaction of the
Secretary that the institution exceeds such limitation because the institution
serves, through contracts with Federal, State, or local government agencies,
significant numbers of students who do not have a secondary school diploma
or its recognized equivalent.
(4) Limitations based on management. An institution shall not be considered to meet
the definition of an institution of higher education in paragraph (1) if—
(A) The institution, or an affiliate of the institution that has the power, by contract
or ownership interest, to direct or cause the direction of the management or
policies of the institution, has filed for bankruptcy, except that this paragraph
shall not apply to a nonprofit institution, the primary function of which is to
provide health care educational services (or an affiliate of such an institution
that has the power, by contract or ownership interest, to direct or cause the
direction of the institution’s management or policies) that files for bankruptcy
under chapter 11 of title 11 between July 1, 1998, and December 1, 1998; or
(B) The institution, the institution’s owner, or the institution’s chief executive
officer has been convicted of, or has pled nolo contendere or guilty to, a crime
involving the acquisition, use, or expenditure of funds under subchapter IV of
this chapter and part C of subchapter I of chapter 34 of title 42, or has been
judicially determined to have committed fraud involving funds under
3 - 47
subchapter IV of this chapter and part C of subchapter I of chapter 34 of title
42.
(5) Certification. The Secretary shall certify an institution’s qualification as an
institution of higher education in accordance with the requirements of subpart 3
of part G of subchapter IV of this chapter.
(6) Loss of eligibility. An institution of higher education shall not be considered to
meet the definition of an institution of higher education in paragraph (1) if such
institution is removed from eligibility for funds under subchapter IV of this chapter
and part C of subchapter I of chapter 34 of title 42 as a result of an action
pursuant to part G of subchapter IV of this chapter.
(b) Proprietary institution of higher education
(1) Principal criteria. For the purpose of this section, the term ‘‘proprietary institution
of higher education’’ means a school that—
(A) Provides an eligible program of training to prepare students for gainful
employment in a recognized occupation;
(B) Meets the requirements of paragraphs (1) and (2) of section 1001 (a) of this
title;
(C)Does not meet the requirement of paragraph (4) of section 1001 (a) of this
title;
(D)Is accredited by a nationally recognized accrediting agency or association
recognized by the Secretary pursuant to part G of subchapter IV of this
chapter;
(E) Has been in existence for at least 2 years; and
(F) Has at least 10 percent of the school’s revenues from sources that are not
derived from funds provided under subchapter IV of this chapter and part C of
subchapter I of chapter 34 of title 42, as determined in accordance with
regulations prescribed by the Secretary.
(2) Additional institutions. The term ‘‘proprietary institution of higher education’’ also
includes a proprietary educational institution in any State that, in lieu of the
requirement in paragraph (1) of section 1001 (a) of this title, admits as regular
students persons who are beyond the age of compulsory school attendance in
the State in which the institution is located.
(c) Postsecondary vocational institution.
(1) Principal criteria. For the purpose of this section, the term ‘‘postsecondary
vocational institution’’ means a school that—
3 - 48
(A) Provides an eligible program of training to prepare students for gainful
employment in a recognized occupation;
(B) Meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001 (a)
of this title; and
(C)Has been in existence for at least 2 years.
(2) Additional institutions. The term ‘‘postsecondary vocational institution’’ also
includes an educational institution in any State that, in lieu of the requirement in
paragraph (1) of section 1001 (a) of this title, admits as regular students persons
who are beyond the age of compulsory school attendance in the State in which
the institution is located.
4 - 1
CHAPTER 4
Applications, Waiting List, and Tenant Selection
INTRODUCTION
When a family wishes to receive assistance under the HCV program, the family must
submit an application that provides the PHA with the information needed to determine
the family’s eligibility. HUD requires the PHA to place all families that apply for
assistance on a waiting list. When HCV assistance becomes available, the PHA must
select families from the waiting list in accordance with HUD requirements and PHA
policies as stated in the administrative plan and the annual plan.
The PHA is required to adopt clear policies and procedures for accepting applications,
placing families on the waiting list, and selecting families from the waiting list and must
follow these policies and procedures consistently. The actual order in which families are
selected from the waiting list can be affected if a family has certain characteristics
designated by HUD or the PHA that justify their selection. Examples of this are the
selection of families for income targeting and the selection of families that qualify for
targeted funding.
HUD regulations require that all families have an equal opportunity to apply for and
receive housing assistance, and that the PHA affirmatively further fair housing goals in
the administration of the program [24 CFR §982.53, HCV GB p. 4-1]. Adherence to the
selection policies described in this chapter ensures that the PHA will be in compliance
with all relevant fair housing requirements, as described in Chapter 2.
This chapter describes HUD and PHA policies for taking applications, managing the
waiting list, and selecting families for HCV assistance. The policies outlined in this
chapter are organized into three sections, as follows:
Part I: The Application Process. This part provides an overview of the
application process, and discusses how applicants can obtain and submit
applications. It also specifies how the PHA will handle the applications it
receives.
Part II: Managing the Waiting List. This part presents the policies that govern
how the PHA’s waiting list is structured, when it is opened and closed, and how
the public is notified of the opportunity to apply for assistance. It also discusses
the process the PHA will use to keep the waiting list current.
Part III: Selection for HCV Assistance. This part describes the policies that
guide the PHA in selecting families for HCV assistance as such assistance
becomes available. It also specifies how in-person interviews will be used to
ensure that the PHA has the information needed to make a final eligibility
determination.
4 - 2
PART I: THE APPLICATION PROCESS
4-I.A. OVERVIEW
This part describes the PHA policies for making applications available, accepting
applications, making preliminary determinations of eligibility, and the placement of
applicants on the waiting list. This part also describes the PHA’s obligation to ensure the
accessibility of the application process to elderly persons, people with disabilities, and
people with limited English proficiency (LEP).
4-I.B. APPLYING FOR ASSISTANCE [HCV GB, PP. 4-11 – 4-16,
NOTICE PIH 2009-36]
Any family that wishes to receive HCV assistance must apply for admission to the
program. HUD permits the PHA to determine the format and content of HCV
applications, as well as how such applications will be made available to interested
families and how applications will be accepted by the PHA. The PHA must include form
HUD-92006, Supplement to Application for Federally Assisted Housing, as part of the
PHA’s application.
PHA Policy
Depending upon the length of time that applicants may need to wait to receive
assistance, the PHA may use a one- or two-step application process.
The PHA required two-step process will be used when it is expected that a family
will not be selected from the waiting list for at least 60 days from the date of
application. Under the two-step application process, the applicant must complete
a pre-application.
Families wishing to apply will be required to complete a pre-application. No one
will be denied the right to request or submit a pre-application when the waitlist is
open. The PHA will utilize an online application process. Applicants may use any
computer, tablet, or smart phone with internet access to apply. Alternate formats
will be available for Reasonable Accommodation. Alternate formats may include
requesting a pre-application for reasonable accommodation, modification, and
auxiliary aids or services by contacting the PHA office. Applicants may also
submit a paper pre-application by email or in person at the PHA office. The PHA
will also strive to accommodate those that may not have internet to access to a
computer with availability at the Chandler Public Libraries.
Completed applications must be returned to the PHA by mail, electronically, or
submitted in person during normal business hours. Applications must be
complete in order to be accepted by the PHA for processing. If an application is
incomplete, the PHA will notify the family of the additional information required.
4 - 3
4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS
Elderly or Disabled Populations [24 CFR §8; HCV GB, pp. 4-11 – 4-13]
The PHA must take steps to ensure that the application process is accessible to those
people who might have difficulty complying with the normal, standard PHA application
process. This could include people with disabilities, certain elderly individuals, as well as
persons with limited English proficiency (LEP). The PHA must provide a reasonable
accommodation to accommodate the needs of individuals with disabilities. The
application-taking facility and the application process must be fully accessible, or the
PHA must provide an alternate approach that provides equal access to the application
process. Chapter 2 provides a full discussion of the PHA’s policies related to providing
reasonable accommodations for people with disabilities.
The PHA will provide for alternate format pre-applications to the online application
process for persons requiring a reasonable accommodation that have been approved
by COCHRD.
Limited English Proficiency
PHAs are required to take reasonable steps to ensure equal access to their programs
and activities by persons with limited English proficiency [24 CFR §1]. Chapter 2
provides a full discussion on the PHA’s policies related to ensuring access to people
with limited English proficiency (LEP).
4-I.D. PLACEMENT ON THE WAITING LIST
The PHA must review each complete application received and make a preliminary
assessment of the family’s eligibility. The PHA must accept applications from families
for whom the list is open unless there is good cause for not accepting the application
(such as denial of assistance) for the grounds stated in the regulations [24 CFR
§982.206(b)(2)]. Where the family is determined to be ineligible, the PHA must notify the
family in writing [24 CFR 982.201(f)]. Where the family is not determined to be ineligible,
the family will be placed on a waiting list of applicants.
No applicant has a right or entitlement to be listed on the waiting list, or to any particular
position on the waiting list [24 CFR §982.202(c)].
PHA Policy
The PHA will utilize a random lottery selection for pre-application placement on
the waitlist. All interested persons are encouraged to apply. Once the waitlist
closes, all accepted pre-applications will be shuffled randomly through a
computerized selection process and each pre-application will be given a
sequential waitlist number based on where their pre-application fell during the
shuffle. The sequential number will be the pre-application’s waitlist number.
Because the PHA reserves the right to limit the number of pre-applications
placed on an established waitlist, only those pre-applications with a waitlist
number less than, or equal to, the pre-determined number of pre-applications,
4 - 4
will be placed on the waitlist and become part of the established waitlist. Those
pre-applications with a waitlist number greater than the pre-determined number
of pre-applications to be placed on the waitlist will be denied. (Note: Pre-
applicants are encouraged to claim preferences for which they qualify, but these
preferences will only be taken into consideration at the point when a pre-
applicant is selected from the waitlist to start the eligibility process. Pre-
applicants with preferences will be selected from an established waitlist before
pre-applicants without preferences.)
Ineligible for Placement on the Waiting List
PHA Policy
If the PHA can determine from the information provided that a family is ineligible,
the family will not be placed on the waiting list. Where a family is determined to
be ineligible, the PHA will send written notification of the ineligibility determination
within 10 business days of receiving a complete application. The notice will
specify the reasons for ineligibility and will inform the family of its right to request
an informal review and explain the process for doing so (see Chapter 16).
Eligible for Placement on the Waiting List
PHA Policy
Only pre-applicants who submitted a completed pre-application prior to the
deadline will be placed on the list for selection in the random lottery selection
process. The PHA reserves the right to select from the pre-applicant list a pre-
determined number of applicants pre-applications to move to the waitlist.
For each public posting, the PHA will assess the needs at the time of the waitlist
and the pre-determined number of waitlist spots will be posted on the public
notice.
Applicants will receive written notification through the mail via U.S. Postal Service
that their pre-application has been placed on the waitlist or that their pre-
application has been denied, notification will be done within 60 to 90 days of
closing of the pre-application period.
Waitlist numbers will not be disclosed at any time while an applicant is on a
waitlist. Applicants may access their online account to determine if their
application is still active, or they may make inquiries at the housing office.
Placement on the waiting list does not indicate that the family is, in fact, eligible
for assistance. A final determination of eligibility will be made when the family is
selected from the waiting list.
4 - 5
The second phase is when the family is selected from the waiting list. This is
called Eligibility, during which time the PHA will verify any preference(s) claimed
and determine eligibility and suitability for admission to the program.
Applicants will be placed on the waiting list according to any preference(s) for
which they qualify, and the date and time their complete application is received
by the PHA.
4 - 6
PART II: MANAGING THE WAITING LIST
4-II.A. OVERVIEW
The PHA must have policies regarding various aspects of organizing and managing the
waiting list of applicant families. This includes opening the list to new applicants, closing
the list to new applicants, notifying the public of waiting list openings and closings,
updating waiting list information, purging the list of families that are no longer interested
in or eligible for assistance, as well as conducting outreach to ensure a sufficient
number of applicants.
In addition, HUD imposes requirements on how a PHA may structure its waiting list and
how families must be treated if they apply for assistance from a PHA that administers
more than one assisted housing program.
4-II.B. ORGANIZATION OF THE WAITING LIST [24 CFR §982.204 AND §982.205]
The PHA’s HCV waiting list must be organized in such a manner to allow the PHA to
accurately identify and select families for assistance in the proper order, according to
the admissions policies described in this plan.
The waiting list must contain the following information for each applicant listed:
Applicant name;
Family unit size;
;Date and time of application;
Qualification for any local preference;
Racial or ethnic designation of the head of household;
HUD requires the PHA to maintain a single waiting list for the HCV program unless it
serves more than one county or municipality. Such PHAs are permitted, but not
required, to maintain a separate waiting list for each county or municipality served.
PHA Policy
The PHA will maintain a single waiting list for the HCV program.
HUD directs that a family that applies for assistance from the HCV program must be
offered the opportunity to be placed on the waiting list for any public housing, project-
based voucher or moderate rehabilitation program the PHA operates if 1) the other
programs’ waiting lists are open, and 2) the family is qualified for the other programs.
HUD permits but does not require PHAs maintain a single merged waiting list for their
public housing, Section 8, and other subsidized housing programs.
A family’s decision to apply for, receive, or refuse other housing assistance must not
affect the family’s placement on the HCV waiting list, or any preferences for which the
family may qualify.
4 - 7
PHA Policy
The PHA will not merge the HCV waiting list with the waiting list for any other
program the PHA operates.
4-II.C. OPENING AND CLOSING THE WAITING LIST [24 CFR §982.206]
Closing the Waiting List
A PHA is permitted to close the waiting list if it has an adequate pool of families to use
its available HCV assistance, or for administrative reasons. Alternatively, the PHA may
elect to continue to accept applications only from certain categories of families that meet
particular preferences or funding criteria.
PHA Policy
The PHA will close the waiting list when the estimated waiting period for housing
applicants on the list reaches 24 months for the most current applicants, or the
PHA will assess the needs at the time of the waitlist and the pre-determined
number of waitlist spots will be posted on the public notice, or for administrative
reasons. Where the PHA has particular preferences or other criteria that require
a specific category of family, the PHA may elect to continue to accept
applications from these applicants while closing the waiting list to others.
The PHA reserves the right to select from the applicant pool a pre-determined
number of applicants to move to the waitlist. For each posting, the PHA will
assess the needs at the time of the waitlist and the pre-determined number of
waitlist spots will be posted on the public notice.
Reopening the Waiting List
If the waiting list has been closed, it cannot be reopened until the PHA publishes a
notice in local newspapers of general circulation, minority media, and other suitable
media outlets. The notice must comply with HUD fair housing requirements and must
specify who may apply, and where and when applications will be received.
PHA Policy
The PHA will announce the reopening of the waiting list at least 10 business days
prior to the date applications will first be accepted. If the list is only being
reopened for certain categories of families, this information will be contained in
the notice.
The PHA will give public notice by publishing relevant information in suitable
media outlets including, but not limited to:
Chanweb
East Valley Tribune
Channel 11 Public Service City Scope
Local Social Service Agencies
(Arizona)
4 - 8
La Voz
Public Housing Authorities
4-II.D. FAMILY OUTREACH [HCV GB, PP. 4-2 TO 4-4]
The PHA must conduct outreach as necessary to ensure that the PHA has a sufficient
number of applicants on the waiting list to use the HCV resources it has been allotted.
Because HUD requires the PHA to admit a specified percentage of extremely low-
income families to the program (see Chapter 4, Part III), the PHA may need to conduct
special outreach to ensure that an adequate number of such families apply for
assistance [HCV GB, p. 4-20 to 4-21].
PHA outreach efforts must comply with fair housing requirements. This includes:
Analyzing the housing market area and the populations currently being served to
identify underserved populations
Ensuring that outreach efforts are targeted to media outlets that reach eligible
populations that are underrepresented in the program
Avoiding outreach efforts that prefer or exclude people who are members of a
protected class
PHA outreach efforts must be designed to inform qualified families about the availability
of assistance under the program. These efforts may include, as needed, any of the
following activities:
Submitting press releases to local newspapers, including minority newspapers
Developing informational materials and flyers to distribute to other agencies
Providing application forms to other public and private agencies that serve the
low income population
Developing partnerships with other organizations that serve similar populations,
including agencies that provide services for persons with disabilities
PHA Policy
The PHA will monitor the characteristics of the population being served and the
characteristics of the population as a whole in the PHA’s jurisdiction. Targeted
outreach efforts will be undertaken if a comparison suggests that certain
populations are being underserved.
4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES
PHA Policy
4 - 9
While the family is on the waiting list, the family must inform the PHA, within 10
business days of changes in family size or composition, preference status, or
contact information, including current residence, mailing address, and phone
number. The changes must be submitted in writing either through the applicant’s
online account or on a Change Report form. If using a Change Report form, the
applicant copy of the form must be time and date stamped by the City of
Chandler Housing office to be considered valid. The copy of the form will be
provided to the participant.
Upon implementation of the online resident system, the family will be urged to
use the PHA website/online process for submitting Change Reports.
Changes in an applicant's circumstances while on the waiting list may affect the
family's entitlement to a preference. When an applicant reports a change that
affects their placement on the waiting list, the waiting list will be updated
accordingly. Families with preferences will be selected before families not
claiming a preference.
4-II.F. UPDATING THE WAITING LIST [24 CFR §982.204; HCV GB 4.5]
HUD requires the PHA to establish policies to use when removing applicant names from
the waiting list.
Purging the Waiting List
The decision to remove an applicant family that includes a person with disabilities from
the waiting list is subject to reasonable accommodation. If the applicant did not respond
to a PHA request for information or updates, and the PHA determines that the family did
not respond because of the family member’s disability, the PHA must reinstate the
applicant family to their former position on the waiting list [24 CFR §982.204(c)(2)].
PHA Policy
The waiting list will be purged every other year to ensure that all applicant
information is current.
To update the waiting list, the PHA will send an update request via first class mail
to each family on the waiting list to determine whether the family continues to be
interested in, and to qualify for, the program. This update request will be sent to
the last address that the PHA has on record for the family. The update request
will provide a deadline by which the family must respond and will state that failure
to respond will result in the applicant’s name being removed from the waiting list.
Families must respond via the online system on or before the due date or
respond by mail as indicated in the purge letter instructions. Responses should
be postmarked or received by the PHA not later than 15 business days from the
date of the PHA letter.
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If the family fails to respond within 14 business days, the family will be removed
from the waiting list and notice will be mailed to the last address of record or
other address provided by the applicant.
If the notice is returned by the post office with no forwarding address, the
applicant will be removed from the waiting list and a notice will be mailed to the
last address of record or other address provided by the applicant.
If the notice is returned by the post office with a forwarding address, the notice
will be re- sent to the address indicated. The family will have 14 business days to
respond from the date the letter was re-sent. If the family fails to respond within
this time frame, the family will be removed from the waiting list without further
notice and a notice will be mailed to the last address of record or other address
provided by the applicant.
If a family is removed from the waiting list for failure to respond, management
may reinstate the family if the lack of response was due to PHA error, or to
circumstances beyond the family’s control, as a result of a family member’s
disability, or as a direct result of status as a victim of domestic violence, dating
violence, sexual assault, stalking, or human trafficking, including an adverse
factor resulting from such abuse. If the lack of response was due to
circumstances beyond the family’s control, the family must provide a written
statement outlining the issue and evidence to support the claim.
Removal from the Waiting List
PHA Policy
The PHA will remove an applicant from the waiting list upon written request by
the applicant family. In such cases no informal hearing is required.
If at any time an applicant family is on the waiting list, and the PHA determines
that the family is not eligible for assistance (see Chapter 3), the family will be
removed from the waiting list.
If a family is removed from the waiting list because the PHA has determined the
family is not eligible for assistance, a notice will be sent to the family’s address of
record as well as to any alternate address provided on an informal review
request. The notice will state the reasons the family was removed from the
waiting and will inform the family how to request an informal review of the PHA’s
decision (see Chapter 16) [24 CFR §982.201(f)].
The family will also be removed from the waiting list for failure to respond to a
request for information, such as during the purge process. As this removal is not
due to an eligibility determination, no formal hearing is required. (24 CFR
982.202(c)).
PHA Policy
If the PHA receives no response from the applicant within the specified time
frame, the applicant shall be removed from the waiting list. If the applicant
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responds within 60 calendar days of the due date, the PHA will review for return
to the waiting list.
This will be allowed only once during the time a family is on the waiting list
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PART III: SELECTION FOR HCV ASSISTANCE
4-III.A. OVERVIEW
As vouchers become available, families on the waiting list must be selected for
assistance in accordance with the policies described in this part.
The order in which families are selected from the waiting list depends on the selection
method chosen by the PHA and is impacted in part by any selection preferences for
which the family qualifies. The availability of targeted funding also may affect the order
in which families are selected from the waiting list.
The PHA must maintain a clear record of all information required to verify that the family
is selected from the waiting list according to the PHA’s selection policies [24 CFR
§982.204(b) and §982.207(e)].
4-III.B. SELECTION AND HCV FUNDING SOURCES
Special Admissions [24 CFR §982.203]
HUD may award funding for specifically named families living in specified types of units
(e.g., a family that is displaced by demolition of public housing; a non-purchasing family
residing in a HOPE 1 or 2 projects). In these cases, the PHA may admit such families
whether or not they are on the waiting list, and, if they are on the waiting list, without
considering the family’s position on the waiting list. These families are considered non-
waiting list selections. The PHA must maintain records showing that such families were
admitted with special program funding.
Targeted Funding [24 CFR §982.204(e)]
HUD may award a PHA funding for a specified category of families on the waiting list.
The PHA must use this funding only to assist the families within the specified category.
In order to assist families within a targeted funding category, the PHA may skip families
that do not qualify within the targeted funding category. Within this category of families,
the order in which such families are assisted is determined according to the policies
provided in Section 4-III.C.
Regular HCV Funding
Regular HCV funding may be used to assist any eligible family on the waiting list.
Families are selected from the waiting list according to the policies provided in Section 4
-III.C.
4-III.C. SELECTION METHOD
PHAs must describe the method for selecting applicant families from the waiting list,
including the system of admission preferences that the PHA will use [24 CFR
§982.202(d)].
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Local Preferences [24 CFR §982.207; HCV p. 4-16]
PHAs are permitted to establish local preferences, and to give priority to serving families
that meet those criteria. HUD specifically authorizes and places restrictions on certain
types of local preferences. HUD also permits the PHA to establish other local
preferences, at its discretion. Any local preferences established must be consistent with
the PHA plan and the consolidated plan, and must be based on local housing needs
and priorities that can be documented by generally accepted data sources.
PHA Policy
Families will be selected from the waitlist in numeric order, based on a family’s
assigned sequential waitlist number. Families with a preference will be selected
before families without a preference. Preferences will be calculated in a “lumping”
order, whereby, a family with one preference will have the same number of points
as a family with multiple preferences.
The PHA uses the following Local Preferences:
A.
Displaced person(s): Individuals or families who have/has been displaced
by local government action or whose dwelling has been extensively
damaged or destroyed as a result of a disaster declared or otherwise
formally recognized pursuant to Federal disaster relief laws 24 CFR §
5.403(b).
B.
Living in Chandler: Applicant must physically live in the City of Chandler.
C.
Working in Chandler: Applicant must physically work or be hired to work in
the City of Chandler.
D.
Chronically Homeless: The following definition must be met. A chronically
homeless person as defined by the U.S. Department of HUD (24 CFR
578.3): (1) A “homeless individual with a disability,” as defined in Section
401(9) of the McKinney–Vento Homeless Assistance Act (42 U.S.C.
11360(9)), who: (i) Lives in a place not meant for human habitation, a safe
haven, or in an emergency shelter; and ii) Has been homeless and living
as described in paragraph (1)(i) of this definition continuously for at least
12 months or on at least 4 separate occasions in the last 3 years, as long
as the combined occasions equal at least 12 months and each break in
homelessness separating the occasions included at least 7 consecutive
nights of not living as described in paragraph (1)(i). Stays in institutional
care facilities for fewer than 90 days will not constitute as a break in
homelessness, but rather such stays are included in the 12–month total,
as long as the individual was living or residing in a place not meant for
human habitation, a safe haven, or an emergency shelter immediately
before entering the institutional care facility; (2) An individual who has
been residing in an institutional care facility, including a jail, substance
abuse or mental health treatment facility, hospital, or other similar facility,
for fewer than 90 days and met all of the criteria in paragraph (1) of this
definition, before entering that facility; or (3) A family with an adult head of
household (or if there is no adult in the family, a minor head of household)
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who meets all of the criteria in paragraph (1) or (2) of this definition,
including a family whose composition has fluctuated while the head of
household has been homeless.
E.
Currently Employed/Employment Program: Families whose Head,
Spouse, or Sole Member is employed. Applicants with an adult family
member enrolled in an employment training program or currently working
(20) hours a week.Working hours must be attributed to only one family
member. Family members cannot combine work hours.
F.
Full-time Student: Applicants with an adult family member enrolled in
school on a full-time basis.
G.
Elderly families where the head of household or spouse is at least 62+
years of age.
H.
Disabled families and families with a disabled household member.
The above preferences are not weighted and will be used in a “lumping” manner so as
to allow an applicant with one preference to have the same advantage as an applicant
qualifying for all preferences. Applicants are encouraged to claim as many preferences
for which they qualify. Verification of preferences will be conducted at the time of
eligibility. Selected applicants going through the eligibility process who have claimed
preferences for which they do not qualify and cannot verify will be returned to the waitlist
and their pre-application will be updated with the correct preference information.
Special Programs - COCHRD operates a number of 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 Understand (MOU), Memorandum of Agreement, or a Contract with
COCHRD in accordance with program policies and HUD regulations, i.e., referrals from
CE (local preference).
As of July 1, 2023, the Emergency Housing Voucher (EHV) Chapter 18 will now be
changed to as “Chapter 18, Special Programs” to reflect inclusion of Veteran’s Affairs
Supportive Housing (VASH) and Emergency Housing Voucher (EHV) policies.
Income Targeting Requirement [24 CFR §982.201(b)(2)]
HUD requires that extremely low-income (ELI) families make up at least 75 percent of
the families admitted to the HCV program during the PHA’s fiscal year. ELI families are
those with annual incomes at or below the federal poverty level or 30 percent of the
area median income whichever number is higher. To ensure this requirement is met, a
PHA may skip non-ELI families on the waiting list in order to select an ELI family.
Low-income families admitted to the program that are “continuously assisted” under the
1937 Housing Act [24 CFR §982.4(b)], as well as low-income or moderate-income
families admitted to the program that are displaced as a result of the prepayment of the
mortgage or voluntary termination of an insurance contract on eligible low-income
housing, are not counted for income targeting purposes [24 CFR 982.201(b)(2)(v)].
4 - 15
PHA Policy
The PHA will monitor progress in meeting the income targeting requirement
throughout the fiscal year. Extremely low-income families will be selected ahead
of other eligible families on an as-needed basis to ensure the income targeting
requirement is met.
Order of Selection
The PHA system of preferences may select families based on local preferences
according to the date and time of application, or by a random selection process (lottery)
[24 CFR §982.207(c)]. If a PHA does not have enough funding to assist the family at the
top of the waiting list, it is not permitted to skip down the waiting list to a family that it
can afford to subsidize when there are not sufficient funds to subsidize the family at the
top of the waiting list [24 CFR §982.204(d) and (e)].
PHA Policy
PHA reserves the right to select from the applicant pool a pre-determined
number of pre-applicants to be placed on the waitlist.
The PHA will utilize a computerized random lottery selection process where each
pre-application will be given a waitlist number. The pre-applicant will be placed
on the waitlist based upon the assigned sequential waitlist number.
Pre-applicants will be selected from the waitlist based on that number. Pre-
applicants with preferences will be selected first in order of their waitlist number
before pre-applicants without preferences.
While on the waitlist, families may add or delete preferences. Their selection from
the waitlist will reflect whether or not they have a preference at the time they are
selected for the eligibility process.
Families with a preference will be selected before families without a preference.
Preferences will be calculated in a “lumping” order, whereby, a family with one
preference will have the same number of points as a family with multiple
preferences.
When a family is selected from the waitlist, the family will be required to submit a
full application and documentation to determine eligibility prior to housing
assistance becoming available.
4-III.D. NOTIFICATION OF SELECTION
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When a family has been selected from the waiting list, the PHA must notify the family
[24 CFR Part §982.554(a)].
PHA Policy
The PHA will notify the family by first class mail via U.S. Postal Service when
they have been selected from the waiting list. The notice will inform the family of
the following:
Date, time, and location of the eligibility interview, or process for obtaining
an eligibility interview appointment, and procedures for rescheduling the
interview;
Who is required to attend the interview;
All eligibility documents that must be provided, including information about
what constitutes acceptable documentation, and due dates;
Documents that must be provided at the interview to document eligibility
for a preference, if applicable; and
Other documents and information that should be brought to the interview.
If a notification letter is returned to the PHA with no forwarding address or the online
system is not updated with the current information to maintain active status on the
waiting list, the family will be removed from the waiting list without further notice. A
notice of denial (see Chapter 3) will be sent to the family’s address of record, as well as
to any known alternate address.
4-III.E. THE APPLICATION INTERVIEW
HUD recommends that the PHA obtain the information and documentation needed to
make an eligibility determination though a face-to-face interview with a PHA
representative [HCV GB, pg. 4- 16]. Being invited to attend an interview does not
constitute admission to the program.
Assistance cannot be provided to the family until all SSN documentation requirements
are met. However, if the PHA determines that an applicant family is otherwise eligible to
participate in the program, the family may retain its place on the waiting list for a period
of time determined by the PHA [PIH Notice 2018-24].
Reasonable accommodation will be made for persons with disabilities who are unable to
attend an interview due to their disability.
PHA Policy
Families selected from the waiting list are required to participate in an eligibility
interview.
The head of household and all adult family members will be strongly encouraged
to attend the interview together. However, the head of household or the spouse
4 - 17
or a legal representative (documented through a legal power of attorney or
guardianship) may attend the interview on behalf of the family. Verification of
information pertaining to adult members of the household not present at the
interview will not begin until signed release forms are returned to the PHA. This
may delay the eligibility process.
The head of household or spouse or legal representative must provide
acceptable documentation of legal identity. (Chapter 7 provides a discussion of
proper documentation of legal identity). If the family representative does not
provide the required documentation at the time of the scheduled interview, they
will be required to provide it within 10 business days.
Pending disclosure and documentation of social security numbers, the PHA will
allow the family to retain its place on the waiting list for 30 days. If not all
household members have disclosed their SSNs at the next time the PHA is
issuing vouchers, the PHA will issue a voucher to the next eligible applicant
family on the waiting list.
The family must provide the information necessary to establish the family’s
eligibility and to determine the appropriate level of assistance, and must
complete required forms, provide required signatures, and submit required
documentation. If any materials are missing, the PHA will provide the family with
a written list of items that must be submitted and the due date.
Any required documents or information that the family is unable to provide at the
interview must be provided. Upon formal review of all submitted documentation a
notice will be sent to the applicant family giving 10 business days to supply
supporting documents. (Chapter 7 provides details about longer submission
deadlines for particular items, including documentation of eligible noncitizen
status).
After the first 10 business day notice, if there are documents outstanding, an
additional 10 business day notice of request for documentation will be sent to the
applicant family.
If the family is unable to obtain the information or materials within the required
time frame, the family may request an extension for reasonable cause, to be
review by management If the required documents and information are not
provided within the required time frame (plus any extensions), the family will be
sent a notice of denial (See Chapter 3).
An advocate, interpreter, or other assistant may assist the family with the
application and the interview process. Where an advocate, interpreter or other
third party is used to assist the family, the family and the PHA will execute a
certification attesting to the role and assistance of the third-party.
4 - 18
Interviews will be conducted in English. For limited English proficient (LEP)
applicants, the PHA will provide translation services in accordance with the
PHA’s LEP plan.
If the family is unable to attend a scheduled interview, the family should contact
the PHA in advance of the interview to schedule a new appointment. If a family
does not attend a scheduled interview, the PHA will send another notification
letter with a new interview appointment time. Applicants who fail to attend two
scheduled interviews without PHA approval will be denied assistance based on
the family’s failure to supply information needed to determine eligibility. A notice
of denial will be issued in accordance with policies contained in Chapter 3.
4-III.F. COMPLETING THE APPLICATION PROCESS
The PHA must verify all information provided by the family (see Chapter 7). Based on
verified information, the PHA must make a final determination of eligibility (see Chapter
3) and must confirm that the family qualified for any special admission, targeted funding
admission, or selection preference that affected the order in which the family was
selected from the waiting list.
PHA Policy
If the PHA determines that the family is ineligible, the PHA will send written
notification of the ineligibility determination within 10 business days of the
determination. The notice will specify the reasons for ineligibility and will inform
the family of its right to request an informal review (Chapter 16).
If a family fails to qualify for any criteria that affected the order in which it was
selected from the waiting list (e.g. targeted funding, extremely low-income), the
family will be returned to its original position on the waiting list. The PHA will
notify the family in writing that it has been returned to the waiting list and will
specify the reasons for it.
If the PHA determines that the family is eligible to receive assistance, the PHA
will invite the family to attend a briefing in accordance with the policies in Chapter
5.
5 - 1
CHAPTER 5
Briefings and Voucher Issuance
INTRODUCTION
This chapter explains the briefing and voucher issuance process. When a family is
determined to be eligible for the Housing Choice Voucher (HCV) program, the PHA
must ensure that the family fully understands the way the program operates and the
family’s obligations under the program. This is accomplished through both an oral
briefing and provision of a briefing packet containing the HUD-required documents and
other information the family needs to know. Once the family is fully informed of the
program’s requirements, the PHA issues the family a voucher. The voucher includes the
unit size for which the family qualifies based on the PHA’s subsidy standards, as well as
the issue and expiration date of the voucher. The voucher is the document that
authorizes the family to begin its search for a unit and limits the amount of time the
family has to successfully locate an acceptable unit.
This chapter describes HUD regulations and PHA policies related to these topics in two
parts:
Part I: Briefings and Family Obligations. This part details the program’s
requirements for briefing families orally, and for providing written materials
describing the program and its requirements. It includes a particular focus on the
family’s obligations under the program.
Part II: Subsidy Standards and Voucher Issuance. This part discusses the
PHA’s standards for determining how many bedrooms a family of a given
composition qualifies for, which in turn affects the amount of subsidy the family
can receive. It also discusses the policies that dictate how vouchers are issued,
and how long families have to locate a unit.
5 - 2
PART I: BRIEFINGS AND FAMILY OBLIGATIONS
5-I.A. OVERVIEW
HUD regulations require the PHA to conduct mandatory briefings for applicant families
who qualify for a voucher. The briefing provides a broad description of owner and family
responsibilities, explains the PHA’s procedures, and includes instructions on how to
lease a unit. This part describes how oral briefings will be conducted, specifies what
written information will be provided to families, and lists the family’s obligations under
the program. The PHA must take reasonable steps to ensure meaningful access by
persons with limited English proficiency and will act in accordance with its language
access plan.
5-I.B. BRIEFING [24 CFR §982.301]
Notification of Briefing
Prior to issuance of a voucher, the PHA must give the family an oral briefing and
provide the family with a briefing packet containing written information about the
program. Families may be briefed in individual face-to-face meetings, through group
briefing sessions, or via remote briefing sessions.
PHA Policy
Families will be notified of their eligibility for assistance at the time they are
invited to attend a briefing. The notice will be sent by first class mail and will also
be sent by email if the family has provided a valid email address to the PHA.
The notice will advise the family of the type of briefing, who is required to be
present at the briefing, and the date and time of the briefing. The notice will also
inform the family of any additional requirements for in-person or remote briefings
as addressed in relevant policy elsewhere in this section.
If the notice is returned by the post office with no forwarding address, the
applicant will be denied and their name will not be placed back on the waiting list.
If the notice is returned by the post office with a forwarding address, the notice
will be re-sent to the address indicated.
Applicants who fail to attend a scheduled briefing will be scheduled for another
briefing automatically. The PHA will notify the family of the date and time of the
second scheduled briefing. Applicants who fail to attend two scheduled briefings,
without prior PHA approval, will be denied assistance (see Chapter 3).
In-Person Briefings
At the briefing, the PHA must ensure effective communication in accordance with
Section 504 requirements (Section 504 of the Rehabilitation Act of 1973) and ensure
that the briefing site is accessible to individuals with disabilities. For a more thorough
discussion of accessibility requirements, refer to Chapter 2.
5 - 3
PHA Policy
The PHA reserves the right to hold briefings remotely. At the family’s request, the
PHA may provide an individual briefing.
Generally, the head of household is required to attend the briefing, however all
adult family members must sign required forms.
Families that attend briefings and still need individual assistance will be referred
to an appropriate PHA staff person.
Briefings will be conducted in English. For limited English proficient (LEP)
applicants, the PHA will provide interpretation services in accordance with the
PHA’s language access plan (See Chapter 2).
Attendance
PHA Policy
Applicants who fail to attend a scheduled in-person briefing will be scheduled for
another briefing automatically. The PHA will notify the family of the date and time
of the second scheduled briefing. Applicants who fail to attend two scheduled
briefings, without prior PHA approval, will be denied assistance (see Chapter 3).
Remote Briefings [Notice PIH 2020-32]
Remote briefings may be conducted over the phone, via video conferencing, or through
other virtual methods.
PHA Policy
The PHA has the sole discretion to require that briefings be conducted remotely
in case of local, state, or national physical distancing orders, and in cases of
inclement weather or natural disaster, or in person.
If the PHA schedules a remote briefing, the PHA will conduct a face-to-face
briefing upon request of the applicant as a reasonable accommodation for a
person with a disability if safety and health concerns can be reasonably
addressed.
The PHA will conduct a briefing remotely upon request of the applicant as a
reasonable accommodation for a person with a disability, if an applicant does not
have child care or transportation that would enable them to attend the briefing, or
if the applicant believes an in-person briefing would create an undue health risk.
The PHA will consider other reasonable requests for a remote briefing on a case-
by-case basis.
Accessibility Requirements for Persons with Disabilities and LEP Individuals
As with in-person briefings, the method for conducting remote briefings must be
accessible and the briefing conducted in accordance with Section 504 and accessibility
5 - 4
requirements. This includes ensuring any information, websites, emails, digital
notifications, and other virtual platforms are accessible for persons with vision, hearing,
and other disabilities.
Additionally, providing effective communication virtually may require the use of
individualized auxiliary aids or services, such as audio description, captioning, sign
language and other types of interpreters, keyboard accessibility, accessible documents,
screen reader support, and transcripts. Auxiliary aids or services must be provided in
accessible formats, in a timely manner, and in such a way to protect the privacy and
independence of the individual.
If no method of conducting a remote briefing is available that appropriately
accommodates an individual’s disability, the PHA may not hold against the individual
their inability to participate in the remote briefing, and the PHA should consider whether
postponing the remote briefing to a later date is appropriate or whether there is a
suitable alternative.
Due to the individualized nature of disability, the appropriate auxiliary aid or service
necessary, or reasonable accommodation, will depend on the specific circumstances.
Limited English Proficiency (LEP) requirements also apply to remote briefings, including
the use of interpretation services and document translation. See Chapter 2 for a more
thorough discussion of accessibility and LEP requirements, all of which apply in the
context of remote briefings.
Conducting Remote Briefings
The PHA must ensure that the lack of technology or inability to use technology for
remote briefings does not pose a disadvantage to families that may not be apparent to
the PHA.
The PHA must ensure that the family has appropriate technological access in order to
fully participate in the remote briefing.
PHA Policy
At least 10 business days prior to scheduling the remote briefing, the PHA will
provide written notification via first class mail and/or email to families participating
in the briefing to advise of technological requirements and to request the family
notify the PHA of any known barriers.
If any family does not respond within five business days, or if the written
notification is returned by the post office or the email is rejected, the PHA will
contact the family by telephone to identify potential technological barriers and to
determine which technology resources are accessible to the family.
The PHA will resolve any barriers using the guidance in Section 6 of Notice PIH
2020-32, including offering the family the opportunity to attend an in-person
briefing or have a one-on-one briefing over the phone, as appropriate.
5 - 5
The PHA will conduct remote briefings via a video conferencing method when
available. If applicants are unable to adequately access the video conferencing,
the briefing will be conducted by telephone conferencing call-in. If the family is
unable to adequately access the telephone conferencing call-in, the remote
briefing will be postponed, and an in-person alternative or one-on-one briefing
over the phone will be provided.
The PHA will provide login information and/or conferencing call-in information
and a packet of all briefing materials needed to complete the briefing, either by
US mail or via electronic delivery, in advance of the briefing date. The PHA will
contact the applicant two business days before the briefing to ensure the packet
was received.
The PHA will ensure that all electronic information stored or transmitted as part of
the briefing meets the requirements for accessibility for persons with disabilities
and LEP persons, and is secure, including ensuring personally identifiable
information (PII) is protected.
The PHA will ensure that families who participate in remote briefings have the
opportunity to ask questions as part of the briefing.
If families lose connectivity during any remote briefing or otherwise feel they were
unable to access information presented during the briefing, the family may request a
one-on-one briefing over the phone or in person with the PHA.
Oral Briefing [24 CFR §982.301(a)]
Each briefing must provide information on the following subjects:
How the Housing Choice Voucher program works;
Family and owner responsibilities;
Where the family can lease a unit, including renting a unit inside or outside the
PHA’s jurisdiction and any information on selecting a unit that HUD provides;
An explanation of how portability works.
The PHA must inform the family of how portability may affect the family’s
assistance through screening, subsidy standards, payment standards, and any
other elements of the portability process which may affect the family’s
assistance; and
An explanation of the advantages of areas that do not have a high concentration
of low-income families.
The PHA may not discourage the family from choosing to live anywhere in the PHA’s
jurisdiction or outside the PHA’s jurisdiction under portability, unless otherwise
expressly authorized by statute, regulation, PIH Notice, or court order.
5 - 6
The PHA must also take appropriate steps to ensure effective communication in
accordance with 24 CFR 8.6 and 28 CFR part 35, subpart E, and must provide
information on the reasonable accommodation process.
Briefing Packet [24 CFR §982.301(b); NEW HCV GB, Housing Search and Leasing,
p. 7]
Documents and information provided in the briefing packet must include the following:
The term of the voucher, voucher suspensions, and the PHA’s policies on any
extensions of the term. If the PHA allows extensions, the packet must explain
how the family can request an extension.
A description of the method used to calculate the housing assistance payment for
a family, including how the PHA determines the payment standard for a family
and how the PHA determines total tenant payment for a family.
An explanation of how the PHA determines the maximum allowable rent for an
assisted unit.
Where the family may lease a unit and an explanation of how portability works;
including information on how portability may affect the family’s assistance
through screening, subsidy standards, payment standards, and any other
elements of the portability process that may affect the family’s assistance.
The HUD-required tenancy addendum, which must be included in the lease.
The form the family must use to request approval of tenancy, and an explanation
how to request requesting approval.
A statement of the PHA policy on providing information about families to
prospective owners.
The PHA subsidy standards and when the PHA will consider granting exceptions
as allowed by 24 CFR 982.404(b)(8), and when exceptions are required as a
reasonable accommodation for persons with disabilities under Section 504, the
Fair Housing Act, or the Americans with Disabilities Act (ADA).
Materials (e.g., brochures) on how to select a unit and any additional information
on selecting a unit that HUD provides (e.g., HUD brochure entitled, “A Good
Place to Live”).
Information on federal, state, and local equal opportunity laws, the contact
information for the Section 504 coordinator, a copy of the housing discrimination
complaint form, and information on how to request a reasonable accommodation
or modification (including information on requesting exception payment standards
as a reasonable accommodation) under Section 504, the Fair Housing Act, or the
Americans with Disabilities Act (ADA).
A list of landlords known to the PHA who may be willing to lease a unit to the
family or other resources (e.g., newspapers, organizations, online search tools)
known to the PHA that may assist the family in locating a unit. PHAs must ensure
5 - 7
that the list of landlords or other resources covers areas outside of poverty or
minority concentration.
Notice that if the family includes a person with disabilities, the PHA is subject to
requirements under 24 CFR 8.28(a)(3) to provide a current listing of accessible
units known to the PHA, and if necessary, other assistance in locating an
available unit.
The family obligations under the program.
PHA informal hearing procedures including when the PHA is required to offer a
participant family the opportunity for an informal hearing, and how to request the
hearing.
An explanation of the advantages of moving to an area that does not have a high
concentration of low-income families, which may include access to accessible
and high-quality housing, transit, employment opportunities, educational
opportunities, recreational facilities, public safety stations, retail services, and
health services.
The HUD pamphlet on lead-based paint entitled, “Protect Your Family from Lead
in Your Home” [24 CFR 35.88].
If the PHA is located in a metropolitan FMR area, the following additional information
must be included in the briefing packet in order to receive full points under SEMAP
Indicator 7, Expanding Housing Opportunities [24 CFR §985.3(g)].
Maps showing areas with housing opportunities outside areas of poverty or
minority concentration, both within its jurisdiction and its neighboring jurisdiction.
Information about the characteristics of these areas including job opportunities,
schools, transportation and other services.
An explanation of how portability works, including a list of portability contact
persons for neighboring PHAs with names, addresses, and telephone numbers.
Additional Items to be Included in the Briefing Packet
In addition to items required by the regulations, PHAs may wish to include supplemental
materials to help explain the program to both participants and owners [HCV GB p. 8-7,
PIH Notice 2017-12]
PHA Policy
The PHA will provide the following additional materials in the briefing packet:
Information on how to fill out and file a housing discrimination complaint
form
The grounds on which the PHA may terminate assistance for a participant
family because of the family action or failure to act
Requirements for notifying the PHA of any changes in income or family
compostion
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The form HUD-5380 domestic violence certification form and the form HUD-
5382 notice of occupancy rights, which contains information on VAWA
protections for victims of domestic violence, dating violence, sexual assault,
and stalking.
“Is Fraud Worth It?” HUD-1141-OIG) which explains the types of actions a
family must avoid and the penalties for program abuse.
“What You Should Know about EIV,” a guide to the Enterprise Income
Verification (EIV) system published by HUD as an attachment to PIH Notice
2017-12
5 - 9
5-I.C. FAMILY OBLIGATIONS
Obligations of the family are described in the housing choice voucher (HCV) regulations
and on the voucher itself. These obligations include responsibilities the family is
required to fulfill, as well as prohibited actions. The PHA must inform families of these
obligations during the oral briefing, and the same information must be included in the
briefing packet. When the family’s unit is approved and the HAP contract is executed,
the family must meet those obligations in order to continue participating in the program.
Violation of any family obligation may result in termination of assistance, as described in
Chapter 12.
Time Frames for Reporting Changes Required by Family Obligations
PHA Policy
Unless otherwise noted below, when family obligations require the family to
respond to a request or notify the PHA of a change, notifying the PHA of the
request or change within 10 business days of its occurrence is considered
prompt notice (e.g., If you became employed, you would use the start date of
employment to start your count of 10 business days).
When a family is required to provide notice to the PHA, the notice must be in
writing on the PHA’s change report form.
Family Obligations [24 CFR §982.551]
The family obligations of the voucher are listed as follows:
The family must supply any information that the PHA or HUD determines to be
necessary, including submission of required evidence of citizenship or eligible
immigration status.
The family must supply any information requested by the PHA or HUD for use in
a regularly scheduled reexamination or interim reexamination of family income
and composition.
PHA Policy
The participant is required to report all changes within 10 business days of its
occurrence and the PHA will determine if an interim reexamination will be
conducted.
The family must disclose and verify social security numbers and sign and submit
consent forms for obtaining information.
Any information supplied by the family must be true and complete.The family
may be held responsible for a breach of housing quality standardscaused by the
family’s failure to pay tenant-provided utilities or appliances, or damages to the
dwelling unit or premises beyond normal wear and tear caused by any member
of the household or guest.
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PHA Policy
Damages beyond normal wear and tear will be considered to be damages,
which could be assessed against the security deposit.
The family must allow the PHA to inspect the unit at reasonable times and after
reasonable notice, as described in Chapter 8 of this plan.
The family must not commit any serious or repeated violation of the lease.
PHA Policy
The PHA will determine if a family has committed serious or repeated
violations of the lease based on available evidence, including but not limited
to, a court-ordered eviction, or an owner’s notice to evict, police reports, and
affidavits from the owner, neighbors, or other credible parties with direct
knowledge.
Serious and repeated lease violations will include, but not be limited to,
nonpayment of rent, disturbance of neighbors, destruction of property, or
living or housekeeping habits that cause damage to the unit or premises and
criminal activity. Generally, the criterion to be used will be whether or not the
reason for the eviction was the fault of the tenant or guests. Any incidents of,
or criminal activity related to, domestic violence, dating violence, sexual
assault stalking, or human trafficking will not be construed as serious or
repeated lease violations by the victim [see 24 CFR §5.2005(c)(1)].
The family must notify the PHA and the owner before moving out of the unit or
terminating the lease.
PHA Policy
The family must comply with lease requirements regarding written notice to
the owner. The family must provide written notice to the PHA at the same
time the owner is notified.
The family must promptly give the PHA a copy of any owner eviction notice.
The family must use the assisted unit for residence by the family. The unit must
be the family’s only residence.
The composition of the assisted family residing in the unit must be approved by
the PHA. The family must promptly notify the PHA in writing of the birth,
adoption, or court-awarded custody of a child. The family must request PHA
approval to add any other family member as an occupant of the unit.
PHA Policy
The request to add a family member must be submitted in writing and
approved prior to the person moving into the unit. The PHA will determine
eligibility of the new member in accordance with the policies in Chapter 3.
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The family must promptly notify the PHA in writing if any family member no
longer lives in the unit.
If the PHA has given approval, a foster child or a live-in aide may reside in the
unit. The PHA has the discretion to adopt reasonable policies concerning
residency by a foster child or a live-in aide, and to define when PHA consent may
be given or denied. For policies related to the request and approval/disapproval
of foster children, foster adults, and live-in aides, see Chapter 3 (Sections I.K and
I.M), and Chapter 11 (Section II.B).
The family must not sublease the unit, assign the lease, or transfer the unit.
PHA Policy
Subleasing includes receiving payment to cover rent and utility costs by a person
living in the unit who is not listed as a family member.
The family must supply any information requested by the PHA to verify that the
family is living in the unit or information related to family absence from the unit.
The family must promptly notify the PHA when the family is absent from the unit.
PHA Policy
Notice is required under this provision only when all family members will be
absent from the unit for an extended period. An extended period is defined as
any period greater than 30 calendar days. Written notice must be provided to the
PHA at the start of the extended absence.
The family must pay utility bills and provide and maintain any appliances that the
owner is not required to provide under the lease [Form HUD-52646, Voucher].
The family must not own or have any interest in the unit, (other than in a
cooperative and owners of a manufactured home leasing a manufactured home
space).
Family members must not commit fraud, bribery, or any other corrupt or criminal
act in connection with the program. (See Chapter 14, Program Integrity for
additional information).
Family members must not engage in drug-related criminal activity or violent
criminal activity or other criminal activity that threatens the health, safety, or right
to peaceful enjoyment of other residents and persons residing in the immediate
vicinity of the premises. See Chapter 12 for HUD and PHA policies related to
drug-related and violent criminal activity.
Members of the household must not engage in abuse of alcohol in a way that
threatens the health, safety, or right to peaceful enjoyment of the other residents
and persons residing in the immediate vicinity of the premises. See Chapter 12
for a discussion of HUD and PHA policies related to alcohol abuse.
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An assisted family or member of the family must not receive HCV program
assistance while receiving another housing subsidy, for the same unit or a
different unit under any other federal, state or local housing assistance program.
A family must not receive HCV program assistance while residing in a unit owned
by a parent, child, grandparent, grandchild, sister or brother of any member of
the family, unless the PHA has determined (and has notified the owner and the
family of such determination) that approving rental of the unit, notwithstanding
such relationship, would provide reasonable accommodation for a family member
who is a person with disabilities. [Form HUD-52646, Voucher]
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PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE
5-II.A. OVERVIEW
The PHA must establish subsidy standards that determine the number of bedrooms
needed for families of different sizes and compositions. This part presents the policies
that will be used to determine the family unit size (also known as the voucher size) a
particular family should receive, and the policies that govern making exceptions to those
standards. The PHA must also establish policies related to the issuance of the voucher,
to the voucher term, and to any extensions of that the voucher term.
5-II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR §982.402]
For each family, the PHA determines the appropriate number of bedrooms under the
PHA subsidy standards and enters the family unit size on the voucher that is issued to
the family. The family unit size does not dictate the size of unit the family must actually
lease, nor does it determine who within a household will share a bedroom/sleeping
room.
The following requirements apply when the PHA determines family unit size:
The subsidy standards must provide for the smallest number of bedrooms
needed to house a family without overcrowding.
The subsidy standards must be consistent with space requirements 24 CFR
5.703.
The subsidy standards must be applied consistently for all families of like size
and composition.
A child who is temporarily away from the home because of placement in foster
care is considered a member of the family in determining the family unit size.
A family that consists of a pregnant woman (with no other persons) must be
treated as a two- person family.
Any live-in aide (approved by the PHA to reside in the unit to care for a family
member who is disabled or is at least 50 years of age) must be counted in
determining the family unit size.
Unless a live-in-aide resides with a family, the family unit size for any family
consisting of a single person must be either a zero- or one-bedroom unit, as
determined under the PHA subsidy standards.
PHA Policy
The PHA will assign one bedroom for each two persons within the household,
except in the following circumstances:
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Live-in aides will be allocated a separate bedroom. No additional
bedrooms will be provided for the live-in aide’s family. Until the
participant identifies a live-in aide and that live-in aide passes PHA
eligibility, the participant will not receive the additional bedroom for a live
-in aide.
Single person families will be allocated a one bedroom.
Foster children will be included in determining unit size.
A separate bedroom should be allocated for the Head of Household and
spouse/cohabitant.
A separate bedroom should be allocated for the Head of Household if no
spouse or cohabitant exists.
When someone who has been considered a family member attends
school away from home, the person will continue to be considered a
family member unless information becomes available to the PHA
indicating that the student has established a separate household or the
family declares that the student has established a separate household.
The PHA will reference the following chart in determining the appropriate voucher size
for a family:
Occupancy Standards / Subsidy Standards
Voucher size
Persons in Household
(Minimum – Maximum_
1 Bedroom
1 to 2
2 Bedroom
2 to 4
3 Bedroom
3 to 6
4 Bedroom
4 to 8
5 Bedroom
6 to 10
5-II.C. EXCEPTIONS TO SUBSIDY STANDARDS
In determining family unit size for a particular family, the PHA may grant an exception to
its established subsidy standards if the PHA determines that the exception is justified by
the age, sex, health, handicap, or relationship of family members or other personal
circumstances [24 CFR §982.402(b)(8)]. Reasons may include, but are not limited to:
A need for an additional bedroom for medical equipment
A need for a separate bedroom for reasons related to a family member’s
disability, medical or health condition
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For a single person who is not elderly, disabled, or a remaining family member, an
exception cannot override the regulatory limit of a zero or one bedroom [24 CFR
§982.402(b)(8)].
PHA Policy
The PHA will consider granting an exception for any of the reasons specified in
the regulation: the age, sex, health, handicap, or relationship of family members
or other personal circumstances.
The family must request any exception to the subsidy standards in writing within
30 days of the determination of voucher size:
The request must explain the need or justification for a larger family unit
size and must include appropriate documentation.
Requests based on health-related reasons must be verified by a
knowledgeable professional source (e.g. doctor or health professional),
unless the disability and the disability–related need for accommodation is
readily apparent or otherwise known.
The family’s need for an additional bedroom due to special medical
equipment must be re-verified in writing at annual reexamination.
All exceptions to subsidy standards will be reviewed and determined by management.
The PHA will notify the family of its determination within 10 business days of receiving
the family’s request. If a participant family’s request is denied, the notice will inform the
family of their right to request an informal hearing.
5-II.D. VOUCHER ISSUANCE [24 CFR §982.302]
When a family is selected from the waiting list (or as a special admission as described
in Chapter 4), or when a participant family wants to move to another unit, the PHA
issues a Housing Choice Voucher, form HUD-52646. This chapter deals only with
voucher issuance for applicants. For voucher issuance associated with moves of
program participants, please refer to Chapter 10.
The voucher is the family’s authorization to search for housing. It specifies the unit size
for which the family qualifies, and includes both the date of voucher issuance and date
of expiration. It contains a brief description of how the program works and explains the
family obligations under the program. The voucher is evidence that the PHA has
determined the family to be eligible for the program, and that the PHA expects to have
money available to subsidize the family if the family finds an approvable unit. However,
the PHA does not have any liability to any party by the issuance of the voucher, and the
voucher does not give the family any right to participate in the PHA’s Housing Choice
Voucher program [Voucher, Form HUD-52646]
The PHA must issue the family a voucher within 60 days of determining the
family eligible [24 CFR 982.201(e)]. The income documentation must be dated
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within 120 days of when it was received by the PHA. However, for fixed-income
sources, including Social Security benefits, the documentation must be dated
within the appropriate benefit year.PHA Policy
Vouchers will be issued to eligible applicants immediately following the
mandatory briefing.
The PHA should have sufficient funds to house an applicant before issuing a voucher. If
funds are insufficient to house the family at the top of the waiting list, the PHA must wait
until it has adequate funds before it calls another family from the list [HCV GB p. 8-10].
PHA Policy
Prior to issuing any vouchers, the PHA will determine whether it has sufficient
funding in accordance with the policies in Part VIII of Chapter 16.
If the PHA determines that there is insufficient funding after a voucher has been issued,
the PHA may rescind the voucher and place the affected family back on the waiting list.
5-II.E. VOUCHER TERM AND EXTENSIONS
Voucher Term [24 CFR §982.303]
The initial term of a voucher must be at least 60 calendar days. The initial term must be
stated on the voucher [24 CFR §982.303(a)].
PHA Policy
The initial voucher term will be 60 calendar days.
The family must submit a Request for Tenancy Approval and proposed lease
within the 60-day period unless the PHA grants an extension.
Extensions of Voucher Term [24 CFR §982.303(b)]
The PHA has the authority to grant extensions of search time, to specify the length of an
extension, and to determine the circumstances under which extensions will be granted.
There is no limit on the number of extensions that the PHA can approve. Discretionary
policies related to extension and expiration of search time must be described in the
PHA’s administrative plan [24 CFR §982.54].
PHAs must approve additional search time if needed as a reasonable accommodation
to make the program accessible to and usable by a person with disabilities. The
extension period must be reasonable for the purpose.
The family must be notified in writing of the PHA’s decision to approve or deny an
extension. The PHA’s decision to deny a request for an extension of the voucher term is
not subject to informal review [24 CFR §982.554(c)(4)].
PHA Policy
The PHA will approve extensions for up to 180 days total voucher term for
disabled and/or elderly (62+ years of age) households and up to 120 days total
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voucher term for non- disabled, non-elderly households. Extensions must be
requested in writing from the voucher holder and will be granted in 30-day
increments.
Refer to Chapter 10 regarding portability voucher issuance and extension
requirements.
Suspensions of Voucher Term [24 CFR §982.303(c)]
The PHA must provide for suspension of the initial or any extended term of the voucher
from the date the family submits a request for PHA approval of the tenancy until the
date the PHA notifies the family in writing whether the request has been approved or
denied.
Expiration of Voucher Term
Once a family’s housing choice voucher term (including any extensions) expires, the
family is no longer eligible to search for housing under the program. If the family still
wishes to receive assistance, the PHA may require that the family reapply, or may place
the family on the waiting list with a new application date but without requiring
reapplication. Such a family does not become ineligible for the program on the grounds
that it was unable to locate a unit before the voucher expired [HCV GB p. 8-13].
PHA Policy
If the applicant family’s voucher term or extension expires before the PHA has
approved a tenancy, the PHA will require the family to reapply for assistance.
Within 10 business days after the expiration of the voucher term or any
extension, the PHA will notify the family in writing that the voucher term has
expired and that the family must reapply when the waiting list is open in order to
be placed on the waiting list.
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CHAPTER 6. A.
Income and Subsidy Determinations
[24 CFR Part 5, Subparts E and F; 24 CFR §982]
INTRODUCTION
This chapter is applicable prior to the PHA’s HOTMA 102/104 compliance date. After
this date, the PHA will follow policies as outlined in Chapter 6.B. of the model policy.
A family’s income determines eligibility for assistance and is also used to calculate the
family’s payment and the PHA’s subsidy. The PHA will use the policies and methods
described in this chapter to ensure that only eligible families receive assistance and that
no family pays more or less than its obligation under the regulations. This chapter
describes HUD regulations and PHA policies related to these topics in three parts as
follows:
Part I: Annual Income. HUD regulations specify the sources of income to
include and exclude to arrive at a family’s annual income. These requirements
and PHA policies for calculating annual income are found in Part I.
Part II: Adjusted Income. Once annual income has been established HUD
regulations require the PHA to subtract from annual income any of five
mandatory deductions for which a family qualifies.These requirements and PHA
policies for calculating adjusted income are found in Part II.
Part III: Calculating Family Share and PHA Subsidy. This part describes the
statutory formula for calculating total tenant payment (TTP), the use of utility
allowances, and the methodology for determining PHA subsidy and required
family payment.
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PART I: ANNUAL INCOME
6-I.A. OVERVIEW
The general regulatory definition of annual income shown below is from 24 CFR 5.609.
5.609 Annual income.
(a) Annual income means all amounts, monetary or not, which:
(1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to
any other family member; or
(2) Are anticipated to be received from a source outside the family during the 12-month
period following admission or annual reexamination effective date; and
(3) Which are not specifically excluded in paragraph [5.609(c)].
(4) Annual income also means amounts derived (during the 12-month period) from
assets to which any member of the family has access.
In addition to this general definition, HUD regulations establish policies for treating
specific types of income and assets. The full texts of those portions of the regulations
are provided in exhibits at the end of this chapter as follows:
Annual Income Inclusions (Exhibit 6-1)
Annual Income Exclusions (Exhibit 6-2)
Treatment of Family Assets (Exhibit 6-3)
The Effect of Welfare Benefit Reduction (Exhibit 6-4)
Sections 6-I.B and 6-I.C discuss general requirements and methods for calculating
annual income. The rest of this section describes how each source of income is treated
for the purposes of determining annual income. HUD regulations present income
inclusions and exclusions separately [24 CFR 5.609(b) and 24 CFR 5.609(c)]. In this
plan, however, the discussions of income inclusions and exclusions are integrated by
topic (e.g., all policies affecting earned income are discussed together in section 6-I.D).
Verification requirements for annual income are discussed in Chapter 7.A.
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6-I.B. Household Composition and Income
Income received by all family members must be counted unless specifically excluded by
the regulations. It is the responsibility of the head of household to report changes in
family composition. The rules on which sources of income are counted vary somewhat
by family member. The chart below summarizes how family composition affects income
determinations.
Summary of Income Included and Excluded by Person
Live-in aides
Income from all sources is excluded [24 CFR
§5.609(c)(5)].
Foster child or foster adult
Income from all sources is excluded [24 CFR
§5.609(c)(2)].
Head, spouse, or cohead|
Other adult family members
All sources of income not specifically excluded by
the regulations are included.
Children under 18 years of
age
Employment income is excluded [24 CFR
5.609(c)(1)].
All sources of income, except those specifically
excluded by the regulations, are included.
Full-time students 18 years of
age or older (not head,
spouse, or cohead)
Employment income above $480/year is excluded
[24 CFR 5.609(c)(11)].
All sources of income, except those specifically
excluded by the regulations, are included.
Temporarily Absent Family Members
The income of family members approved to live in the unit will be counted, even if the
family member is temporarily absent from the unit [HCV GB, p. 5-18].
PHA Policy
Unless specifically excluded by the regulations, the income of all family members
approved to live in the unit will be counted, even if the family member is
temporarily absent from the unit.
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Generally, an individual who is or is expected to be absent from the assisted unit
for 180 consecutive days or less 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 180 consecutive days is
considered permanently absent and no longer a family member. Exceptions to
this general policy are discussed below.
Absent Students
PHA Policy
When someone who has been considered a family member attends school away
from home, the person will continue to be considered a family member unless
information becomes available to the PHA indicating that the student has
established a separate household, or the family declares that the student has
established a separate household.
Absences Due to Placement in Foster Care
Children temporarily absent from the home as a result of placement in foster care are
considered members of the family [24 CFR §5.403].
PHA Policy
If a child has been placed in foster care, the PHA 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 continue to be counted as a family member.
Absent Head, Spouse, or Cohead
PHA Policy
An employed head, spouse, or cohead absent from the unit more than 180
consecutive days due to employment will continue to be considered a family
member.
Family Members Permanently Confined for Medical Reasons
If a family member is confined to a nursing home or hospital on a permanent basis, that
person is no longer considered a family member and the income of that person is not
counted [HCV GB, p. 5-22].
PHA Policy
The PHA will request verification from a responsible medical professional and will
use this determination. If the responsible medical professional 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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When an individual who has been counted as a family member is determined
permanently absent, the family is eligible for the medical expense deduction only
if the remaining head, spouse, or cohead qualifies as an elderly person or a
person with disabilities.
Joint Custody of Dependents
PHA Policy
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 50
percent or more of the time.
When more than one applicant or participant family is claiming the same
dependents as family members, the family with primary custody at the time of the
initial examination or reexamination will be able to claim the dependents. If there
is a dispute about which family should claim them, the PHA will make the
determination based on available documents such as court orders, school
records, or an IRS return showing which family has claimed the child for income
tax purposes.
Caretakers for a Child
PHA Policy
The approval of a caretaker is at the owner and PHA’s discretion and subject to
the owner and PHA’s screening criteria. If neither a parent nor a designated
guardian remains in a household receiving HCV assistance, the PHA will take the
following actions:
(1) If a responsible agency has determined that another adult is to be brought
into the assisted 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.
(2) 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 days.
After the 90 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 PHA will extend the
caretaker’s status as an eligible visitor.
(3) At any time that custody or guardianship legally has been awarded to a
caretaker, the housing choice voucher will be transferred to the caretaker.
(4) 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 the family for any deductions from income.
6-I.C. ANTICIPATING ANNUAL INCOME
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The PHA is required to count all income “anticipated to be received from a source
outside the family during the 12-month period following admission or annual
reexamination effective date” [24 CFR §5.609(a)(2)]. Policies related to anticipating
annual income are provided below..
Basis of Annual Income Projection
The PHA generally will use current circumstances to determine anticipated income for
the coming 12-month period. HUD authorizes the PHA to use other than current
circumstances to anticipate income when:
• An imminent change in circumstances is expected [HCV GB, p. 5-17]
• It is not feasible to anticipate a level of income over a 12-month period (e.g.,
seasonal or cyclic income) [24 CFR §5.609(d)]
• The PHA believes that past income is the best available indicator of expected
future income [24 CFR §5.609(d)]
PHAs are required to use HUD’s Enterprise Income Verification (EIV) system in its
entirety as a third-party source to verify employment and income information, and to
reduce administrative subsidy payment errors in accordance with HUD administrative
guidance [24 CFR §5.233 (a)(2)].
HUD allows PHAs to use tenant-provided documents (pay stubs) dated within 120 days
of the date received by the PHA to project income once EIV data has been received in
such cases where the family does not dispute the EIV employer data and where the
PHA does not determine it is necessary to obtain additional third-party data. The PHA
may also accept a statement dated within the appropriate benefit year for fixed income
sources.
PHA Policy
When EIV is obtained and the family does not dispute the EIV employer data, the
PHA will use current tenant-provided documents to project annual income. When
the tenant-provided documents are pay stubs, the PHA will make every effort to
obtain current and consecutive pay stubs dated within the last 120 days.
The PHA will obtain written and/or oral third-party verification in accordance with
the verification requirements and policy in Chapter 7 in the following cases:
− If EIV or other UIV data is not available,
− If the family disputes the accuracy of the EIV employer data, and/or
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− If the PHA determines additional information is needed. In such cases, the PHA
will review and analyze current data to anticipate annual income. In all cases, the
family file will be documented with a clear record of the reason for the decision,
and a clear audit train will be left as to how the PHA annualized projected
income.
When the PHA cannot readily anticipate income based upon current
circumstances (e.g., in the case of temporary, sporadic, or variable employment,
seasonal employment, unstable working hours, or suspected fraud), the PHA will
review and analyze historical data for patterns of employment, paid benefits, and
receipt of other income and use the results of this analysis to establish annual
income.
Any time current circumstances are not used to project annual income, a clear
rationale for the decision will be documented in the file. In all such cases the
family may present information and documentation to the PHA to show why the
historic pattern does not represent the family’s anticipated income.
.
Known Changes in Income
If the PHA verifies an upcoming increase or decrease in income, annual income will be
calculated by applying each income amount to the appropriate part of the 12-month
period.
Example: An employer reports that a full-time employee who has been receiving
$8/hour will begin to receive $8.25/hour in the eighth week after the effective date
of the new admission or interim reexamination. In such a case the PHA would
calculate annual income as follows: ($8/hour × 40 hours × 7 weeks) + ($8.25 ×
40 hours × 45 weeks).
The family may present information that demonstrates that implementing a change
before its effective date would create a hardship for the family. In such cases the PHA
will calculate annual income using current circumstances and then require an interim
reexamination when the change actually occurs. This requirement will be imposed even
if the PHA’s policy on reexaminations does not require interim reexaminations for other
types of changes.
When tenant-provided third-party documents are used to anticipate annual income, they
will be dated within the last 120 days of the date received by the PHA. Statements
dated within the appropriate benefit year will be accepted for fixed income sources.
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Projecting Income
In HUD’s EIV webcast of January 2008, HUD made clear that PHAs are not to use EIV
quarterly wages to project annual income.
6-I.D. EARNED INCOME
Types of Earned Income Included in Annual Income
Wages and Related Compensation
The full amount, before any payroll deductions, of wages and salaries, overtime pay,
commissions, fees, tips and bonuses, and other compensation for personal services is included
in annual income [24 CFR §5.609(b)(1)].
PHA Policy
The PHA will include in annual income the full amount, before any payroll
deductions, of wages and salaries, overtime pay, commissions, fees, tips and
bonuses, and other compensation.
Some Types of Military Pay
All regular pay, special pay and allowances of a member of the Armed Forces are
counted [24 CFR §5.609(b)(8)] except for the special pay to a family member serving in
the Armed Forces who is exposed to hostile fire [24 CFR §5.609(c)(7)].
Types of Earned Income Not Counted in Annual Income
Temporary, Nonrecurring, or Sporadic Income [24 CFR §5.609(c)(9)]
This type of income (including gifts) is not included in annual income. Sporadic income
includes temporary payments from the U.S. Census Bureau for employment lasting no
longer than 180 days [PIH Notice 2009-19].
PHA Policy
Sporadic income is income that is not received periodically and cannot be reliably
predicted. For example, the income of an individual who works occasionally, as a
handyman would be considered sporadic if future work could not be anticipated
and no historic, stable pattern of income existed.
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Children’s Earnings
Employment income earned by children (including foster children) under the age of 18
years is not included in annual income [24 CFR §5.609(c)(1)]. (See Eligibility chapter for
a definition of foster children.)
Certain Earned Income of Full-Time Students
Earnings in excess of $480 for each full-time student 18 years old or older (except for
the head, spouse, or cohead) are not counted [24 CFR 5.609(c)(11)]. To be considered
“full-time,” a student must be considered “full-time” by an educational institution with a
degree or certificate program [HCV GB, p. 5-29].
Income of a Live-in Aide
Income earned by a live-in aide, as defined in [24 CFR §5.403], is not included in
annual income [24 CFR §5.609(c)(5)]. (See Eligibility chapter for a full discussion of live-
in aides.)
Income Earned under Certain Federal Programs
Income from some federal programs is specifically excluded from consideration as
income [24 CFR §5.609(c)(17)], including:
• Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42
U.S.C. 5044(g), 5058)
• Awards under the federal work-study program (20 U.S.C. 1087 uu)
• Payments received from programs funded under Title V of the Older Americans
Act of 1985 (42 U.S.C. 3056(f))
• Allowances, earnings, and payments to AmeriCorps participants under the
National and Community Service Act of 1990 (42 U.S.C. 12637(d))
• Allowances, earnings, and payments to participants in programs funded under
the Workforce Investment Act of 1998 (29 U.S.C. 2931)
Resident Service Stipend
Amounts received under a resident service stipend are not included in annual income. A
resident service stipend is a modest amount (not to exceed $200 per individual per
month) received by a resident for performing a service for the PHA or owner, on a part-
time basis, that enhances the quality of life in the development. Such services may
include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident
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initiatives coordination, and serving as a member of the PHA’s governing board. No
resident may receive more than one such stipend during the same period of time [24
CFR §5.600(c)(8)(iv)].
State and Local Employment Training Programs
Incremental earnings and benefits to any family member resulting from participation in
qualifying state or local employment training programs (including training programs not
affiliated with a local government) and training of a family member as resident
management staff are excluded from annual income. Amounts excluded by this
provision must be received under employment training programs with clearly defined
goals and objectives and are excluded only for the period during which the family
member participates in the training program [24 CFR §5.609(c)(8)(v)].
PHA Policy
The PHA defines training program as “a learning process with goals and
objectives, generally having a variety of components, and taking place in a series
of sessions over a period of time. It is designed to lead to a higher level of
proficiency, and it enhances the individual’s ability to obtain employment. It may
have performance standards to measure proficiency. Training may include but is
not limited to: (1) classroom training in a specific occupational skill, (2) on-the-job
training with wages subsidized by the program, or (3) basic education” [expired
PIH Notice 98-2, p. 3].
The PHA defines incremental earnings and benefits as the difference between:
(1) the total amount of welfare assistance and earnings of a family member prior
to enrollment in a training program, and (2) the total amount of welfare
assistance and earnings of the family member after enrollment in the program
[expired PIH Notice 98-2, pp. 3–4].
In calculating the incremental difference, the PHA will use as the pre-enrollment
income the total annualized amount of the family member’s welfare assistance
and earnings reported on the family’s most recently completed form HUD-50058.
End of participation in a training program must be reported in accordance with
the PHA's interim reporting requirements.
HUD-Funded Training Programs
Amounts received under training programs funded in whole or in part by HUD [24 CFR
§5.609(c)(8)(i)] are excluded from annual income. Eligible sources of funding for the
training include operating subsidy, Section 8 administrative fees, and modernization,
Community Development Block Grant (CDBG), HOME program, and other grant funds
received from HUD.
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PHA Policy
To qualify as a training program, the program must meet the definition of training
program provided above for state and local employment training programs.
Earned Income Tax Credit
Earned income tax credit (EITC) refund payments received on or after January 1, 1991
(26 U.S.C. 32(j)), are excluded from annual income [24 CFR §5.609(c)(17)]. Although
many families receive the EITC annually when they file taxes, an EITC can also be
received throughout the year. The prorated share of the annual EITC is included in the
employee’s payroll check. 6-I.E. Earned Income Disallowance for Persons with
Disabilities [24 CFR §5.617; Streamlining Final Rule (SFR) Federal Register 3/8/16;
Notice PIH 2023-27]
HOTMA removed the statutory authority for the EID. The EID is available only to
families that are eligible for and participating on the program as of December 31, 2023,
or before; no new families may be added on or after January 1, 2024. If a family is
receiving the EID prior to or on the effective date of December 31, 2023, they are
entitled to the full amount of the benefit for a full 24-month period. The policies below
are applicable only to such families. No family will still be receiving the EID after
December 31, 2025. The EID will sunset on January 1, 2026, and the PHA policies
below will no longer be applicable as of that date or when the last qualifying family
exhausts their exclusion period, whichever is sooner.
Calculation of the Disallowance
Calculation of the earned income disallowance for an eligible member of a qualified
family begins with a comparison of the member’s current income with their “baseline
income.” The family member’s baseline income is their income immediately prior to
qualifying for the EID. The family member’s baseline income remains constant
throughout the period that they are participating in the EID.
Calculation Method
Initial 12-Month Exclusion
During the initial exclusion period of 12 consecutive months, the full amount (100
percent) of any increase in income attributable to new employment or increased
earnings is excluded.
PHA Policy
The initial EID exclusion period will begin on the first of the month following the
date an eligible member of a qualified family is first employed or first experiences
an increase in earnings.
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Second 12-Month Exclusion
During the second exclusion period of 12 consecutive months, the PHA must exclude at
least 50 percent of any increase in income attributable to employment or increased
earnings.
PHA Policy
During the second 12-month exclusion period, the PHA will exclude 100 percent
of any increase in income attributable to new employment or increased earnings.
Lifetime Limitation
The EID has a two-year (24-month) lifetime maximum. The two-year eligibility period
begins at the same time that the initial exclusion period begins and ends 24 months
later. During the 24-month period, an individual remains eligible for EID even if they
begin to receive assistance from a different housing agency, move between public
housing and Section 8 assistance, or have breaks in assistance. The EID will sunset on
January 1, 2026. In no circumstances will a family member’s exclusion period continue
past January 1, 2026.
6-I.F. BUSINESS INCOME [24 CFR 5.609(B)(2)]
Annual income includes “the net income from the operation of a business or profession.
Expenditures for business expansion or amortization of capital indebtedness shall 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 Internal Revenue Service regulations. 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” [24 CFR 5.609(b)(2)].
Business Expenses
Net income is “gross income less business expense” [HCV GB, p. 5-19].
PHA Policy
To determine business expenses that may be deducted from gross income, the
PHA will use current applicable Internal Revenue Service (IRS) rules for
determining allowable business expenses [see IRS Publication 535], unless a
topic is addressed by HUD regulations or guidance as described below.
Expenses must be evidences by receipts, contracts, etc. to prove the expense.
Business Expansion
HUD regulations do not permit the PHA to deduct from gross income expenses for
business expansion.
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PHA Policy
Business expansion is defined as any capital expenditures made to add new
business activities, to expand current facilities, or to operate the business in
additional locations. For example, purchase of a street sweeper by a construction
business for the purpose of adding street cleaning to the services offered by the
business would be considered a business expansion. Similarly, the purchase of a
property by a hair care business to open at a second location would be
considered a business expansion.
Capital Indebtedness
HUD regulations do not permit the PHA to deduct from gross income the amortization of
capital indebtedness.
PHA Policy
Capital indebtedness is defined as the principal portion of the payment on a
capital asset such as land, buildings, and machinery. This means the PHA will
allow as a business expense interest, but not principal, paid on capital
indebtedness.
Negative Business Income
If the net income from a business is negative, no business income will be included in
annual income; a negative amount will not be used to offset other family income.
Withdrawal of Cash or Assets from a Business
HUD regulations require the PHA to include in annual income the withdrawal of cash or
assets from the operation of a business or profession unless the withdrawal reimburses
a family member for cash or assets invested in the business by the family.
PHA Policy
Acceptable investments in a business include cash loans and contributions of
assets or equipment. For example, if a member of an assisted family provided an
up-front loan of $2,000 to help a business get started, the PHA will not count as
income any withdrawals from the business up to the amount of this loan until the
loan has been repaid. Investments do not include the value of labor contributed
to the business without compensation.
Co-owned Businesses
PHA Policy
If a business is co-owned with someone outside the family, the family must
document the share of the business it owns. If the family’s share of the income is
lower than its share of ownership, the family must document the reasons for the
difference.
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6-I.G. ASSETS [24 CFR 5.609(b)(3); 24 CFR 5.603(b)] Overview
There is no asset limitation for participation in the HCV program. However, HUD
requires that the PHA include in annual income the anticipated “interest, dividends, and
other net income of any kind from real or personal property” [24 CFR 5.609(b)(3)]. This
section discusses how the income from various types of assets is determined. For most
types of assets, the PHA must determine the value of the asset in order to compute
income from the asset. Therefore, for each asset type, this section discusses:
How the value of the asset will be determined
How income from the asset will be calculated
Exhibit 6-1 provides the regulatory requirements for calculating income from assets [24
CFR 5.609(b)(3)], and Exhibit 6-3 provides the regulatory definition of net family assets.
This section begins with a discussion of general policies related to assets and then
provides HUD rules and PHA policies related to each type of asset.
Optional policies for family self-certification of assets are found in Chapter 7.
General Policies
Income from Assets
The PHA generally will use current circumstances to determine both the value of an
asset and the anticipated income from the asset. As is true for all sources of income,
HUD authorizes the PHA to use other than current circumstances to anticipate income
when (1) an imminent change in circumstances is expected (2) it is not feasible to
anticipate a level of income over 12 months or (3) the PHA believes that past income is
the best indicator of anticipated income. For example, if a family member owns real
property that typically receives rental income but the property is currently vacant, the
PHA can take into consideration past rental income along with the prospects of
obtaining a new tenant.
PHA Policy
Anytime current circumstances are not used to determine asset income, a clear
rationale for the decision will be documented in the file. In such cases the family
may present information and documentation to the PHA to show why the asset
income determination does not represent the family’s anticipated asset income.
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Valuing Assets
The calculation of asset income sometimes requires the PHA to make a distinction
between an asset’s market value and its cash value.
The market value of an asset is its worth in the market (e.g., the amount a buyer
would pay for real estate or the total value of an investment account).
The cash value of an asset is its market value less all reasonable amounts that
would be incurred when converting the asset to cash.
PHA Policy
Reasonable costs that would be incurred when disposing of an asset include, but
are not limited to, penalties for premature withdrawal, broker and legal fees, and
settlement costs incurred in real estate transactions [HCV GB, p. 5-28].
Lump-Sum Receipts
Payments that are received in a single lump sum, such as inheritances, capital gains,
lottery winnings, insurance settlements, and proceeds from the sale of property, are
generally considered assets, not income. However, such lump-sum receipts are
counted as assets only if they are retained by a family in a form recognizable as an
asset (e.g., deposited in a savings or checking account) [RHIIP FAQs]. (For a
discussion of lump-sum payments that represent the delayed start of a periodic
payment, most of which are counted as income, see sections 6-I.H and 6-I.I.)
Imputing Income from Assets [24 CFR 5.609(b)(3), Notice PIH 2012-29]
When net family assets are $5,000 or less, the PHA will include in annual income the
actual income anticipated to be derived from the assets. When the family has net family
assets in excess of $5,000, the PHA will include in annual income the greater of (1) the
actual income derived from the assets or (2) the imputed income. Imputed income from
assets is calculated by multiplying the total cash value of all family assets by an average
passbook savings rate as determined by the PHA.
Note: The HUD field office no longer provides an interest rate for imputed asset
income. The “safe harbor” is now for the PHA to establish a passbook rate within
0.75 percent of a national average.
The PHA must review its passbook rate annually to ensure that it remains within
0.75 percent of the national average.
PHA Policy
The PHA initially set the imputed asset passbook rate at the national rate
established by the Federal Deposit Insurance Corporation (FDIC).
The PHA will review the passbook rate annually. The rate will not be adjusted
unless the current PHA rate is no longer within 0.75 percent of the national rate.
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If it is no longer within 0.75 percent of the national rate, the passbook rate will be
set at the current national rate.
The effective date of changes to the passbook rate will be determined at the time
of the review.
Determining Actual Anticipated Income from Assets
It may or may not be necessary for the PHA to use the value of an asset to compute the
actual anticipated income from the asset. When the value is required to compute the
anticipated income from an asset, the market value of the asset is used. For example, if
the asset is a property for which a family receives rental income, the anticipated income
is determined by annualizing the actual monthly rental amount received for the property;
it is not based on the property’s market value. However, if the asset is a savings
account, the anticipated income is determined by multiplying the market value of the
account by the interest rate on the account.
Withdrawal of Cash or Liquidation of Investments
Any withdrawal of cash or assets from an investment will be included in income except
to the extent that the withdrawal reimburses amounts invested by the family. For
example, when a family member retires, the amount received by the family from a
retirement investment plan is not counted as income until the family has received
payments equal to the amount the family member deposited into the retirement
investment plan.
Jointly Owned Assets
The regulation at 24 CFR 5.609(a)(4) specifies that annual income includes “amounts
derived (during the 12-month period) from assets to which any member of the family
has access.”
PHA Policy
If an asset is owned by more than one person and any family member has
unrestricted access to the asset, the PHA will count the full value of the asset. A
family member has unrestricted access to an asset when they 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 PHA will
prorate the asset according to the percentage of ownership. If no percentage is
specified or provided for by state or local law, the PHA will prorate the asset
evenly among all owners.
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Assets Disposed of for Less than Fair Market Value [24 CFR 5.603(b)]
HUD regulations require the PHA to count as a current asset any business or family
asset that was disposed of for less than fair market value during the two years prior to
the effective date of the examination/reexamination, except as noted below.
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Minimum Threshold
The HCV Guidebook permits the PHA to set a threshold below which assets disposed
of for less than fair market value will not be counted [HCV GB, p. 5-27].
PHA Policy
The PHA will not include the value of assets disposed of for less than fair market
value unless the cumulative fair market value of all assets disposed of during the
past two years exceeds the gross amount received for the assets by more than
$1,000.
When the two-year period expires, the income assigned to the disposed asset(s)
also expires. If the two-year period ends between annual recertifications, the
family may request an interim recertification to eliminate consideration of the
asset(s).
Assets placed by the family in nonrevocable trusts are considered assets
disposed of for less than fair market value except when the assets placed in trust
were received through settlements or judgments.
Separation or Divorce
The regulation also specifies that assets are not considered disposed of for less than
fair market value if they are disposed of as part of a separation or divorce settlement
and the applicant or tenant receives important consideration not measurable in dollar
terms.
PHA Policy
All assets disposed of as part of a separation or divorce settlement will be
considered assets for which important consideration not measurable in monetary
terms has been received. In order to qualify for this exemption, a family member
must be subject to a formal separation or divorce settlement agreement
established through arbitration, mediation, or court order.
Foreclosure or Bankruptcy
Assets are not considered disposed of for less than fair market value when the
disposition is the result of a foreclosure or bankruptcy sale.
Family Declaration
PHA Policy
Families must sign a declaration form at initial certification and each annual
recertification 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
5 - 38
market value. The PHA may verify the value of the assets disposed of if other
information available to the PHA does not appear to agree with the information
reported by the family.
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Types of Assets
Checking and Savings Accounts
For regular checking accounts and savings accounts, cash value has the same
meaning as market value. If a checking account does not bear interest, the anticipated
income from the account is zero.
PHA Policy
In determining the value of checking accounts, The PHA will use 3 months of
consecutive bank statements. In determining the value of savings accounts, the
PHA will use the current balance.
In determining the anticipated income from an interest-bearing checking or
savings account, the PHA will multiply the value of the account by the current
rate of interest paid on the account.
Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money
Market Funds
Interest or dividends earned by investment accounts are counted as actual income from
assets even when the earnings are reinvested. The cash value of such an asset is
determined by deducting from the market value any broker fees, penalties for early
withdrawal, or other costs of converting the asset to cash.
PHA Policy
In determining the market value of an investment account, the PHA will use the
value of the account on the most recent investment report.
How anticipated income from an investment account will be calculated depends
on whether the rate of return is known.
For assets that are held in an investment account with a known rate of
return (e.g., savings certificates), asset income will be calculated based on
that known rate (market value multiplied by rate of earnings).
When the anticipated rate of return is not known (e.g., stocks), the PHA
will calculate asset income based on the earnings for the most recent
reporting period.
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Equity in Real Property or Other Capital Investments
Equity (cash value) in a property or other capital asset is the estimated current market
value of the asset less the unpaid balance on all loans secured by the asset and
reasonable costs (such as broker fees) that would be incurred in selling the asset [HCV
GB, p. 5-25].
PHA Policy
In determining the equity, the PHA will determine market value by examining the
most recent property tax statement year available.
The PHA will first use the payoff amount for the loan (mortgage) as the unpaid
balance to calculate equity. If the payoff amount is not available, the PHA will use
the basic loan balance information to deduct from the market value in the equity
calculation.
Equity in real property and other capital investments is considered in the calculation of
asset income except for the following types of assets:
Equity accounts in HUD homeownership programs [24 CFR5.603(b)]
The value of a home currently being purchased with assistance under the HCV
program Homeownership Option for the first 10 years after the purchase date of the
home [24 CFR 5.603(b), Notice PIH 2012-3]
Equity in owner-occupied cooperatives and manufactured homes in which the family
lives [HCV GB, p. 5-25]
Equity in real property when a family member’s main occupation is real estate [HCV
GB, p. 5-25]. This real estate is considered a business asset, and income related to
this asset will be calculated as described in section 6-I.F.
Interests in Indian Trust lands [24 CFR 5.603(b)]
Real property and capital assets that are part of an active business or farming
operation [HCV GB, p. 5-25]
The PHA must also deduct from the equity the reasonable costs for converting the asset
to cash. Using the formula for calculating equity specified above, the net cash value of
real property is the market value minus the balance of the loan (mortgage) minus the
expenses to convert to cash
[Notice PIH 2012-3].
PHA Policy
For the purposes of calculating expenses to convert to cash for real property, the
PHA will use ten percent of the market value of the home.
A family may have real property as an asset in two ways: (1) owning the property itself
and (2) holding a mortgage or deed of trust on the property. In the case of a property
5 - 41
owned by a family member, the anticipated asset income generally will be in the form of
rent or other payment for the use of the property. If the property generates no income,
actual anticipated income from the asset will be zero.
In the case of a mortgage or deed of trust held by a family member, the outstanding
balance (unpaid principal) is the cash value of the asset. The interest portion only of
payments made to the family in accordance with the terms of the mortgage or deed of
trust is counted as anticipated asset income.
PHA Policy
In the case of capital investments owned jointly with others not living in a family’s
unit, a prorated share of the property’s cash value will be counted as an asset
unless the PHA determines that the family receives no income from the property
and is unable to sell or otherwise convert the asset to cash.
Trusts
A trust is a legal arrangement generally regulated by state law in which one party (the
creator or grantor) transfers property to a second party (the trustee) who holds the
property for the benefit of one or more third parties (the beneficiaries).
Revocable Trusts
If any member of a family has the right to withdraw the funds in a trust, the value of the
trust is considered an asset [HCV GB, p. 5-25]. Any income earned as a result of
investment of trust funds is counted as actual asset income, whether the income is paid
to the family or deposited in the trust.
Nonrevocable Trusts
In cases where a trust is not revocable by, or under the control of, any member of a
family, the value of the trust fund is not considered an asset. However, any income
distributed to the family from such a trust is counted as a periodic payment or a lump-
sum receipt, as appropriate [24 CFR 5.603(b)]. (Periodic payments are covered in
section 6-I.H. Lump-sum receipts are discussed earlier in this section.)
Retirement Accounts
Company Retirement/Pension Accounts
In order to correctly include or exclude as an asset any amount held in a company
retirement or pension account by an employed person, the PHA must know whether the
money is accessible before retirement [HCV GB, p. 5-26].
While a family member is employed, only the amount the family member can withdraw
without retiring or terminating employment is counted as an asset [HCV GB, p. 5-26].
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After a family member retires or terminates employment, any amount distributed to the
family member is counted as a periodic payment or a lump-sum receipt, as appropriate
[HCV GB, p. 5-26], except to the extent that it represents funds invested in the account
by the family member. (For more on periodic payments, see section 6-I.H.) The balance
in the account is counted as an asset only if it remains accessible to the family member.
IRA, Keogh, and Similar Retirement Savings Accounts
IRA, Keogh, and similar retirement savings accounts are counted as assets even
though early withdrawal would result in a penalty [HCV GB, p. 5-25].
Personal Property
Personal property held as an investment, such as gems, jewelry, coin collections,
antique cars, etc., is considered an asset [HCV GB, p. 5-25].
PHA Policy
In determining the value of personal property held as an investment, the PHA will
use the family’s estimate of the value.
Generally, personal property held as an investment generates no income until it
is disposed of. If regular income is generated (e.g., income from renting the
personal property), the amount that is expected to be earned in the coming year
is counted as actual income from the asset.
Necessary items of personal property are not considered assets [24 CFR 5.603(b)].
PHA Policy
Necessary personal property consists of only those items not held as an
investment, and may include clothing, furniture, household furnishings, jewelry,
and vehicles, including those specially equipped for persons with disabilities.
Life Insurance
The cash value of a life insurance policy available to a family member before death,
such as a whole life or universal life policy, is included in the calculation of the value of
the family’s assets [HCV GB 5-25]. The cash value is the surrender value. If such a
policy earns dividends or interest that the family could elect to receive, the anticipated
amount of dividends or interest is counted as income from the asset whether or not the
family actually receives it.
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6-I.H. PERIODIC PAYMENTS
Periodic payments are forms of income received on a regular basis. HUD regulations
specify periodic payments that are not included in annual income.
Periodic Payments Included in Annual Income
Periodic payments from sources such as social security, unemployment and welfare
assistance, annuities, insurance policies, retirement funds, and pensions. However,
periodic payments from retirement accounts, annuities, and similar forms of
investments are counted only after they exceed the amount contributed by the family
[24 CFR 5.609(b)(4) and (b)(3)].
Disability or death benefits and lottery receipts paid periodically, rather than in a
single lump sum [24 CFR 5.609(b)(4) and HCV, p. 5-14].
Lump-Sum Payments for the Delayed Start of a Periodic Payment
Most lump-sums received as a result of delays in processing periodic payments, such
as unemployment or welfare assistance, are counted as income. However, lump-sum
receipts for the delayed start of periodic social security or supplemental security income
(SSI) payments are not counted as income. Additionally, any deferred disability benefits
that are received in a lump-sum or in prospective monthly amounts from the Department
of Veterans Affairs are to be excluded from annual income [24 CFR 5.609(c)(14)].
PHA Policy
When a delayed-start payment is received and reported during the period in
which the PHA is processing an annual reexamination, the PHA will adjust the
family share and PHA subsidy retroactively for the period the payment was
intended to cover. The family may pay in full any amount due or request to enter
into a repayment agreement with the PHA.
Treatment of Overpayment Deductions from Social Security Benefits
The PHA must make a special calculation of annual income when the Social Security
Administration (SSA) overpays an individual, resulting in a withholding or deduction
from their benefit amount until the overpayment is paid in full. The amount and duration
of the withholding will vary depending on the amount of the overpayment and the
percent of the benefit rate withheld. Regardless of the amount withheld or the length of
the withholding period, the PHA must use the reduced benefit amount after deducting
only the amount of the overpayment withholding from the gross benefit amount [Notice
PIH 2018-24].
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Periodic Payments Excluded from Annual Income
Payments received for the care of foster children or foster adults (usually persons
with disabilities, unrelated to the assisted family, who are unable to live alone) [24
CFR 5.609(c)(2)]. Kinship guardianship assistance payments (Kin-GAP) and other
similar guardianship payments are treated the same as foster care payments and
are likewise excluded from annual income [Notice PIH 2012-1].
PHA Policy
The PHA will exclude payments for the care of foster children and foster adults
only if the care is provided through an official arrangement with a local welfare
agency [HCV GB, p. 5-18].
Amounts paid by a state agency to a family with a member who has a
developmental disability and is living at home to offset the cost of services and
equipment needed to keep the developmentally disabled family member at home [24
CFR 5.609(c)(16)].
Amounts received under the Low-Income Home Energy Assistance Program (42
U.S.C. 1626(c)) [24 CFR 5.609(c)(17)].
Amounts received under the Childcare and Development Block Grant Act of 1990
(42 U.S.C. 9858q) [24 CFR 5.609(c)(17)].
Earned Income Tax Credit (EITC) refund payments (26 U.S.C. 32(j)) [24 CFR
5.609(c)(17)]. Note: EITC may be paid periodically if the family elects to receive the
amount due as part of payroll payments from an employer.
Lump-sums received as a result of delays in processing Social Security and SSI
payments (see section 6-I.H.) [24 CFR 5.609(c)(14)].
Lump-sums or prospective monthly amounts received as deferred disability benefits
from the Department of Veterans Affairs (VA) [24 CFR 5.609(c)(14)].
6-I.I. PAYMENTS IN LIEU OF EARNINGS
Payments in lieu of earnings, such as unemployment and disability compensation,
worker’s compensation, and severance pay, are counted as income [24 CFR
5.609(b)(5)] if they are received either in the form of periodic payments or in the form of
a lump-sum amount or prospective monthly amounts for the delayed start of a periodic
payment. If they are received in a one-time lump sum (as a settlement, for instance),
they are treated as lump-sum receipts [24 CFR 5.609(c)(3)]. (See also the discussion of
periodic payments in section 6-I.H and the discussion of lump-sum receipts in section 6-
I.G.)
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6-I.J. WELFARE ASSISTANCE
Overview
Welfare assistance is counted in annual income. Welfare assistance includes
Temporary Assistance for Needy Families (TANF) and any payments to individuals or
families based on need that are made under programs funded separately or jointly by
federal, state, or local governments [24 CFR 5.603(b)].
Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615]
The PHA must make a special calculation of annual income when the welfare agency
imposes certain sanctions on certain families. The full text of the regulation at 24 CFR
5.615 is provided as Exhibit 6-5. The requirements are summarized below. This rule
applies only if a family was receiving HCV assistance at the time the sanction was
imposed.
Covered Families
The families covered by 24 CFR 5.615 are those “who receive welfare assistance or
other public assistance benefits (‘welfare benefits’) from a State or other public agency
(’welfare agency’) under a program for which Federal, State or local law requires that a
member of the family must participate in an economic self-sufficiency program as a
condition for such assistance” [24 CFR 5.615(b)]
Imputed Income
When a welfare agency imposes a sanction that reduces a family’s welfare income
because the family commits fraud or fails to comply with the agency’s economic self-
sufficiency program or work activities requirement, the PHA must include in annual
income “imputed” welfare income. The PHA must request that the welfare agency
provide the reason for the reduction of benefits and the amount of the reduction of
benefits. The imputed welfare income is the amount that the benefits were reduced as a
result of the sanction.
This requirement does not apply to reductions in welfare benefits: (1) at the expiration of
the lifetime or other time limit on the payment of welfare benefits, (2) if a family member
is unable to find employment even though the family member has complied with the
welfare agency economic self-sufficiency or work activities requirements, or (3) because
a family member has not complied with other welfare agency requirements [24 CFR
5.615(b)(2)].
Offsets
The amount of the imputed welfare income is offset by the amount of additional income
the family begins to receive after the sanction is imposed. When the additional income
equals or exceeds the imputed welfare income, the imputed income is reduced to zero
[24 CFR 5.615(c)(4)].
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6-I.K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(B)(7)]
Annual income includes periodic and determinable allowances, such as alimony and
child support payments, and regular contributions or gifts received from organizations or
from persons not residing with an assisted family.
Alimony and Child Support
The PHA must count alimony or child support amounts awarded as part of a divorce or
separation agreement.
PHA Policy
The PHA will count court-awarded amounts for alimony and child support unless
the PHA verifies that: (1) the payments are not being made, and (2) the family
has made reasonable efforts to collect amounts due, including filing with courts
or agencies responsible for enforcing payments [HCV GB, pp. 5-23 and 5-47].
Families who do not have court-awarded alimony and child support awards are
not required to seek a court award and are not required to take independent legal
action to obtain collection.
Regular Contributions or Gifts
The PHA must count as income regular monetary and nonmonetary contributions or
gifts from persons not residing with an assisted family [24 CFR 5.609(b)(7)]. Temporary,
nonrecurring, or sporadic income and gifts are not counted [24 CFR 5.609(c)(9)].
PHA Policy
The PHA views regular contributions as: (1) regular payment of a family’s bills
(e.g., utilities, telephone, rent, credit cards, and car payments), (2) cash or other
liquid assets provided to any family member on a regular basis, (3) “in-kind”
contributions such as groceries and clothing provided to a family on a regular
basis, and (4) miscellaneous asset deposits lacking purpose of deposit
verification.
Nonmonetary contributions will be valued at the cost of purchasing the items, as
determined by the PHA. For contributions that may vary from month to month
(e.g., utility payments), the PHA will include an average amount based upon past
history.
6-I.L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(B)(9); NOTICE PIH 2015-21]
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In 2005, Congress passed a law (for Section 8 programs only) requiring that certain
student financial assistance be included in annual income. Prior to that, the full amount
of student financial assistance was excluded. For some students, the full exclusion still
applies.
Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9);
FR 4/10/06; Notice PIH 2015-21]
The regulation requiring the inclusion of certain student financial assistance applies only
to students who satisfy all of the following conditions:
They are enrolled in an institution of higher education, as defined under the Higher
Education Act (HEA) of 1965.
They are seeking or receiving Section 8 assistance on their own—that is, apart from
their parents—through the HCV program, the project-based voucher program, or the
moderate rehabilitation program.
They are under 24 years of age OR they have no dependent children.
For students who satisfy these three conditions, any financial assistance in excess of
tuition and any other required fees and charges received: (1) under the 1965 HEA, (2)
from a private source, or (3) from an institution of higher education, as defined under the
1965 HEA, must be included in annual income.
To determine annual income in accordance with the above requirements, the PHA will
use the definitions of dependent child, institution of higher education, and parents in
section 3-II.E, along with the following definitions [FR 4/10/06, pp. 18148-18150]:
Assistance under the Higher Education Act of 1965 includes Pell Grants, Federal
Supplement Educational Opportunity Grants, Academic Achievement Incentive
Scholarships, State Assistance under the Leveraging Educational Assistance
Partnership Program, the Robert G. Byrd Honors Scholarship Program, and Federal
Work Study programs.
Assistance from private sources means assistance from nongovernmental sources,
including parents, guardians, and other persons not residing with the student in an
HCV assisted unit.
Tuition and fees are defined in the same manner in which the Department of
Education defines tuition and fees [Notice PIH 2015-21].
This is the amount of tuition and required fees covering a full academic year most
frequently charged to students.
The amount represents what a typical student would be charged and may not be
the same for all students at an institution.
If tuition is charged on a per-credit-hour basis, the average full-time credit hour
load for an academic year is used to estimate average tuition.
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Required fees include all fixed-sum charges that are required of a large
proportion of all students. Examples include, but are not limited to, writing and
science lab fees and fees specific to the student’s major or program (i.e., nursing
program).
Expenses related to attending an institution of higher education must not be
included as tuition. Examples include, but are not limited to, room and board,
books, supplies, meal plans, transportation and parking, student health insurance
plans, and other non-fixed-sum charges.
Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)]
Any student financial assistance not subject to inclusion under 24 CFR 5.609(b)(9) is
fully excluded from annual income under 24 CFR 5.609(c)(6), whether it is paid directly
to the student or to the educational institution the student is attending. This includes any
financial assistance received by:
Students residing with parents who are seeking or receiving Section 8 assistance
Students who are enrolled in an educational institution that does not meet the 1965
HEA definition of institution of higher education
Students who are over 23 AND have at least one dependent child, as defined in
section 3-II.E
Students who are receiving financial assistance through a governmental program
not authorized under the 1965 HEA.
6-I.M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME
Other exclusions contained in 24 CFR 5.609(c) that have not been discussed earlier in
this chapter include the following:
Reimbursement of medical expenses [24 CFR 5.609(c)(4)]
Amounts received by participants in other publicly assisted programs which are
specifically for or in reimbursement of out-of-pocket expenses incurred and which
are made solely to allow participation in a specific program [24 CFR 5.609(c)(8)(iii)]
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) [(24 CFR
5.609(c)(8)(ii)]
Reparation payments paid by a foreign government pursuant to claims filed under
the laws of that government by persons who were persecuted during the Nazi era
[24 CFR 5.609(c)(10)]
Adoption assistance payments in excess of $480 per adopted child [24 CFR
5.609(c)(12)]
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Refunds or rebates on property taxes paid on the dwelling unit [24 CFR
5.609(c)(15)]
Amounts paid by a state agency to a family with a member who has a
developmental disability and is living at home to offset the cost of services and
equipment needed to keep the developmentally disabled family member at home [24
CFR 5.609(c)(16)]
Amounts specifically excluded by any other federal statute [24 CFR 5.609(c)(17), FR
Notice 5/20/14]. HUD publishes an updated list of these exclusions periodically. It
includes:
(a) The value of the allotment provided to an eligible household under the Food
Stamp Act of 1977 (7 U.S.C. 2017 (b))
(b) Benefits under Section 1780 of the School Lunch Act and Child Nutrition Act of
1966, including WIC
(c) Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42
U.S.C. 5044(g), 5058)
(d) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C.
1626(c))
(e) Income derived from certain submarginal land of the United States that is held in
trust for certain Indian tribes (25 U.S.C. 459e)
(f)
Payments or allowances made under the Department of Health and Human
Services’ Low-Income Home Energy Assistance Program (42 U.S.C. 8624(f))
(g) Payments received under programs funded in whole or in part under the
Workforce Investment Act of 1998 (29 U.S.C. 2931)
(h) Deferred disability benefits from the Department of Veterans Affairs, whether
received as a lump sum or in monthly prospective amounts
(i)
Income derived from the disposition of funds to the Grand River Band of Ottawa
Indians (Pub. L. 94-540, 90 Stat. 2503-04)
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(j)
Payments, funds, or distributions authorized, established, or directed by the
Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b))
(k) A lump sum or periodic payment received by an individual Indian pursuant to the
Class Action Settlement Agreement in the United States District Court case
entitled Elouise Cobell et al. v. Ken Salazar et al., for a period of one year from
the time of receipt of that payment as provided in the Claims Resolution Act of
2010
(l)
The first $2,000 of per capita shares received from judgment funds awarded by
the Indian Claims Commission or the U. S. Claims Court, the interests of
individual Indians in trust or restricted lands, including the first $2,000 per year
of income received by individual Indians from funds derived from interests held
in such trust or restricted lands (25 U.S.C. 1407-1408)
(m) Benefits under the Indian Veterans Housing Opportunity Act of 2010 (only
applies to Native American housing programs)
(n) Payments received from programs funded under Title V of the Older Americans
Act of 1985 (42 U.S.C. 3056(f))
(o) Payments received on or after January 1, 1989, from the Agent Orange
Settlement Fund or any other fund established pursuant to the settlement in In
Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.)
(p) Payments received under 38 U.S.C. 1833(c) to children of Vietnam veterans
born with spinal bifida, children of women Vietnam veterans born with certain
birth defects, and children of certain Korean service veterans born with spinal
bifida
(q) Payments received under the Maine Indian Claims Settlement Act of 1980 (25
U.S.C. 1721)
(r)
The value of any childcare provided or arranged (or any amount received as
payment for such care or reimbursement for costs incurred for such care) under
the Childcare and Development Block Grant Act of 1990 (42 U.S.C. 9858q)
(s) Earned income tax credit (EITC) refund payments received on or after
January 1, 1991 (26 U.S.C. 32(j))
(t)
Payments by the Indian Claims Commission to the Confederated Tribes and
Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation
(Pub. L. 95-433)
(u) Amounts of scholarships funded under Title IV of the Higher Education Act of
1965j, including awards under federal work-study programs or under the Bureau
of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For Section 8
programs, the exception found in § 237 of Public Law 109–249 applies and
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requires that the amount of financial assistance in excess of tuition and
mandatory fees shall be considered income in accordance with the provisions
codified at 24 CFR 5.609(b)(9), except for those persons with disabilities as
defined by 42 U.S.C. 1437a(b)(3)(E) (Pub. L. 109–249) (See See Section 6-I.L.
for exceptions.)
(v) Allowances, earnings and payments to AmeriCorps participants under the
National and Community Service Act of 1990 (42 U.S.C. 12637(d))
(w) Any amount of crime victim compensation (under the Victims of Crime Act)
received through crime victim assistance (or payment or reimbursement of the
cost of such assistance) as determined under the Victims of Crime Act because
of the commission of a crime against the applicant under the Victims of Crime
Act (42 U.S.C. 10602)
(x) Any amounts in an "individual development account" as provided by the Assets
for Independence Act, as amended in 2002
(y) Payments made from the proceeds of Indian tribal trust cases as described in
Notice PIH 2013–30, "Exclusion from Income of Payments under Recent Tribal
Trust Settlements" (25 U.S.C. 117b(a))
(z) Major disaster and emergency assistance received under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and comparable disaster
assistance provided by states, local governments, and disaster assistance
organizations
(aa)Distributions from an ABLE account, and actual or imputed interest on the ABLE
account balance
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(w) Any amount of crime victim compensation (under the Victims of Crime Act)
received through crime victim assistance (or payment or reimbursement of the
cost of such assistance) as determined under the Victims of Crime Act because
of the commission of a crime against the applicant under the Victims of Crime
Act (42 U.S.C. 10602)
(x) Any amounts in an "individual development account" as provided by the Assets
for Independence Act, as amended in 2002
(y) Payments made from the proceeds of Indian tribal trust cases as described in
Notice PIH 2013–30, "Exclusion from Income of Payments under Recent Tribal
Trust Settlements" (25 U.S.C. 117b(a))
(z) Major disaster and emergency assistance received under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and comparable disaster
assistance provided by states, local governments, and disaster assistance
organizations
(aa)Distributions from an ABLE account, and actual or imputed interest on the ABLE
account balance
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PART II: ADJUSTED INCOME
6-II.A. OVERVIEW
HUD regulations require PHAs to deduct from annual income any of five mandatory
deductions for which a family qualifies. The resulting amount is the family’s adjusted
income. Mandatory deductions are found in 24 CFR 5.611.
5.611(a) Mandatory deductions. In determining adjusted income, the responsible entity
[PHA] must deduct the following amounts from annual income:
(1) $480 for each dependent;
(2) $400 for any elderly family or disabled family;
(3) The sum of the following, to the extent the sum exceeds three percent of annual
income:
(i) Unreimbursed medical expenses of any elderly family or disabled family;
(ii) Unreimbursed reasonable attendant care and auxiliary apparatus expenses for each
member of the family who is a person with disabilities, to the extent necessary to enable
any member of the family (including the member who is a person with disabilities) to be
employed. This deduction may not exceed the earned income received by family
members who are 18 years of age or older and who are able to work because of such
attendant care or auxiliary apparatus; and
(4) Any reasonable childcare expenses necessary to enable a member of the family to
be employed or to further his or her education.
This part covers policies related to these mandatory deductions. Verification
requirements related to these deductions are found in Chapter 7.
Anticipating Expenses
PHA Policy
Generally, the PHA will use current circumstances to anticipate expenses. When
possible, for costs that are expected to fluctuate during the year (e.g., childcare
during school and nonschool periods and cyclical medical expenses), the PHA
will estimate costs based on historic data and known future costs.
If a family has an accumulated debt for medical or disability assistance
expenses, the PHA will include as an eligible expense the portion of the debt that
the family expects to pay during the period for which the income determination is
being made. However, amounts previously deducted will not be allowed even if
the amounts were not paid as expected in a preceding period. The PHA may
require the family to provide documentation of payments made in the preceding
year.
6-II.B. DEPENDENT DEDUCTION
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An allowance of $480 is deducted from annual income for each dependent [24 CFR
5.611(a)(1)]. Dependent is defined as any family member other than the head, spouse,
or cohead who is under the age of 18 or who is 18 or older and is a person with
disabilities or a full-time student. Foster children, foster adults, and live-in aides are
never considered dependents [24 CFR 5.603(b)].
6-II.C. ELDERLY OR DISABLED FAMILY DEDUCTION
A single deduction of $400 is taken for any elderly or disabled family [24 CFR
5.611(a)(2)]. An elderly family is a family whose head, spouse, cohead, or sole member
is 62 years of age or older, and a disabled family is a family whose head, spouse,
cohead, or sole member is a person with disabilities [24 CFR 5.403].
6-II.D. MEDICAL EXPENSES DEDUCTION [24 CFR 5.611(A)(3)(I)]
Unreimbursed medical expenses may be deducted to the extent that, in combination
with any disability assistance expenses, they exceed three percent of annual income.
The medical expense deduction is permitted only for families in which the head, spouse,
or cohead is at least 62 or is a person with disabilities. If a family is eligible for a medical
expense deduction, the medical expenses of all family members are counted [VG, p.
28].
Definition of Medical Expenses
HUD regulations define medical expenses at 24 CFR 5.603(b) to mean “medical
expenses, including medical insurance premiums, that are anticipated during the period
for which annual income is computed, and that are not covered by insurance.”
PHA Policy
The most current IRS Publication 502, Medical and Dental Expenses, will be
used as a reference to determine the costs that qualify as medical expenses.
Summary of Allowable Medical Expenses from IRS Publication 502
Services of medical professionals
Surgery and medical procedures that
are necessary, legal, noncosmetic
Services of medical facilities
Hospitalization, long-term care, and
in-home nursing services
Psychiatric treatment
Ambulance services and some costs
of transportation related to medical
expenses
The cost and care of necessary
equipment related to a medical
condition (e.g., eyeglasses/lenses,
hearing aids, crutches, and artificial
teeth)
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Prescription medicines and insulin,
but not nonprescription medicines
even if recommended by a doctor
Improvements to housing directly
related to medical needs (e.g., ramps
for a wheel chair, handrails)
Substance abuse treatment
programs
Cost and continuing care of
necessary service animals
Medical insurance premiums or the
cost of a health maintenance
organization (HMO)
Note: This chart provides a summary of eligible medical expenses only.
Detailed information is provided in IRS Publication 502. Medical expenses
are considered only to the extent they are not reimbursed by insurance or
some other source.
Families That Qualify for Both Medical and Disability Assistance Expenses
PHA Policy
This policy applies only to families in which the head, spouse, or cohead is 62 or
older or is a person with disabilities.
When expenses anticipated by a family could be defined as either medical or
disability assistance expenses, the PHA will consider them medical expenses
unless it is clear that the expenses are incurred exclusively to enable a person
with disabilities to work.
6-II.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(B) AND
24 CFR 5.611(A)(3)(II)]
Reasonable expenses for attendant care and auxiliary apparatus for a disabled family
member may be deducted if they: (1) are necessary to enable a family member 18
years or older to work, (2) are not paid to a family member or reimbursed by an outside
source, (3) in combination with any medical expenses, exceed three percent of annual
income, and (4) do not exceed the earned income received by the family member who
is enabled to work.
Earned Income Limit on the Disability Assistance Expense Deduction
A family can qualify for the disability assistance expense deduction only if at least one
family member (who may be the person with disabilities) is enabled to work [24 CFR
5.603(b)].
The disability expense deduction is capped by the amount of “earned income received
by family members who are 18 years of age or older and who are able to work” because
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of the expense [24 CFR 5.611(a)(3)(ii)]. The earned income used for this purpose is the
amount verified before any income exclusions are applied.
PHA Policy
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 PHA 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 PHA determines that the disability assistance expenses enable more
than one family member to work, the expenses will be capped by the sum of the
family members’ incomes.
Eligible Disability Expenses
Examples of auxiliary apparatus are provided in the HCV Guidebook as follows:
“Auxiliary apparatus are items such as wheelchairs, ramps, adaptations to vehicles, or
special equipment to enable a blind person to read or type, but only if these items are
directly related to permitting the disabled person or other family member to work” [HCV
GB, p. 5-30].
HUD advises PHAs to further define and describe auxiliary apparatus [VG, p. 30].
Eligible Auxiliary Apparatus
PHA Policy
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.
Eligible Attendant Care
The family determines the type of attendant care that is appropriate for the person with
disabilities.
PHA Policy
Attendant care includes, but is not limited to, reasonable costs for home medical
care, nursing services, in-home or center-based care services, interpreters for
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persons with hearing impairments, and readers for persons with visual
disabilities.
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 PHA will
prorate the cost and allow only that portion of the expenses attributable to
attendant care that enables a family member to work. For example, if the care
provider also cares for a child who is not the person with disabilities, the cost of
care must be prorated. 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.
Payments to Family Members
No disability assistance expenses may be deducted for payments to a member of an
assisted family [24 CFR 5.603(b)]. However, expenses paid to a relative who is not a
member of the assisted family may be deducted if they are not reimbursed by an
outside source.
Necessary and Reasonable Expenses
The family determines the type of care or auxiliary apparatus to be provided and must
describe how the expenses enable a family member to work. The family must certify
that the disability assistance expenses are necessary and are not paid or reimbursed by
any other source.
PHA Policy
The PHA determines the reasonableness of the expense and is determined on
case by case basis dependent upon the type of expense.
Families That Qualify for Both Medical and Disability Assistance Expenses
PHA Policy
This policy applies only to families in which the head or spouse is 62 or older or
is a person with disabilities.
When expenses anticipated by a family could be defined as either medical or
disability assistance expenses, the PHA will consider them medical expenses
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unless it is clear that the expenses are incurred exclusively to enable a person
with disabilities to work.
6-II.F. CHILDCARE EXPENSE DEDUCTION
HUD defines childcare expenses at 24 CFR 5.603(b) as “amounts anticipated to be paid
by the family for the care of children under 13 years of age during the period for which
annual income is computed, but only where such care is necessary to enable a family
member to actively seek employment, be gainfully employed, or to further his or her
education and only to the extent such amounts are not reimbursed. The amount
deducted shall reflect reasonable charges for childcare. In the case of childcare
necessary to permit employment, the amount deducted shall not exceed the amount of
employment income that is included in annual income.”
Clarifying the Meaning of Child for This Deduction
Childcare expenses do not include child support payments made to another on behalf of
a minor who is not living in an assisted family’s household [VG, p. 26]. However,
childcare expenses for foster children that are living in the assisted family’s household
are included when determining the family’s childcare expenses [HCV GB, p. 5-29].
Qualifying for the Deduction
Determining Who Is Enabled to Pursue an Eligible Activity
PHA Policy
The family must identify the family member(s) enabled to pursue an eligible
activity. The term eligible activity in this section means any of the activities that
may make the family eligible for a childcare deduction (seeking work, pursuing an
education, or being gainfully employed).
In evaluating the family’s request, the PHA will consider factors such as how the
schedule for the claimed activity relates to the hours of care provided and the
relationship of the family member(s) to the child.
Seeking Work
PHA Policy
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 reexamination. 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 PHA.
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Furthering Education
PHA Policy
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 participating in a formal training program. 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.
Being Gainfully Employed
PHA Policy
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.
Earned Income Limit on Childcare Expense Deduction
When a family member looks for work or furthers their education, there is no cap on the
amount that may be deducted for childcare – although the care must still be necessary
and reasonable. However, when childcare enables a family member to work, the
deduction is capped by “the amount of employment income that is included in annual
income” [24 CFR 5.603(b)].
The earned income used for this purpose is the amount of earned income verified after
any income exclusions are applied.
When the person who is enabled to work is a full-time student whose earned income
above $480 is excluded, childcare costs related to enabling a family member to work
may not exceed the portion of the person’s earned income that actually is included in
annual income.
The PHA must not limit the deduction to the least expensive type of childcare. If the
care allows the family to pursue more than one eligible activity, including work, the cap
is calculated in proportion to the amount of time spent working [HCV GB, p. 5-30].
PHA Policy
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 PHA
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.
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Eligible Childcare Expenses
The type of care to be provided is determined by the assisted family. The PHA may not
refuse to give a family the childcare expense deduction because there is an adult family
member in the household that may be available to provide childcare [VG, p. 26].
Allowable Childcare Activities
PHA Policy
For school-age children, costs attributable to public or private school activities
during standard school hours are not considered. 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.
Likewise, 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 PHA will prorate the costs and allow only that portion of the
expenses that is attributable to childcare for eligible activities. For example, if the
care provider also cares for a child with disabilities who is 13 or older, the cost of
care will be prorated. 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.
Necessary and Reasonable Costs
Childcare expenses will be considered necessary if: (1) a family adequately explains
how the care enables a family member to work, actively seek employment, or further
their education, and (2) the family certifies, and the childcare provider verifies, that the
expenses are not paid or reimbursed by any other source.
PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY
6-III.A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS
TTP Formula [24 CFR 5.628]
HUD regulations specify the formula for calculating the total tenant payment (TTP) for
an assisted family. TTP is the highest of the following amounts, rounded to the nearest
dollar:
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30 percent of the family’s monthly adjusted income (adjusted income is defined in
Part II)
10 percent of the family’s monthly gross income (annual income, as defined in Part I,
divided by 12)
The welfare rent (in as-paid states only)
A minimum rent between $0 and $50 that is established by the PHA
The PHA has authority to suspend and exempt families from minimum rent when a
financial hardship exists, as defined in section 6-III.B.
The amount that a family pays for rent and utilities (the family share) will never be less
than the family’s TTP but may be greater than the TTP depending on the rent charged
for the unit the family selects.
Welfare Rent [24 CFR 5.628]
PHA Policy
Welfare rent does not apply in this locality.
Minimum Rent [24 CFR 5.630]
PHA Policy
The minimum rent for this locality is $50.
Family Share [24 CFR 982.305(a)(5)]
If a family chooses a unit with a gross rent (rent to owner plus an allowance for tenant-
paid utilities) that exceeds the PHA’s applicable payment standard: (1) the family will
pay more than the TTP, and (2) at initial occupancy the PHA may not approve the
tenancy if it would require the family share to exceed 40 percent of the family’s monthly
adjusted income. (For a discussion of the application of payment standards, see
section 6-III.C.)
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PHA Subsidy [24 CFR 982.505(b)]
The PHA will pay a monthly housing assistance payment (HAP) for a family that is equal
to the lower of (1) the applicable payment standard for the family minus the family’s TTP
or (2) the gross rent for the family’s unit minus the TTP. (For a discussion of the
application of payment standards, see section 6-III.C.)
Utility Reimbursement [24 CFR 982.514(b); 982.514(c)]
When the PHA subsidy for a family exceeds the rent to owner, the family is due a utility
reimbursement. HUD permits the PHA to pay the reimbursement to the family or directly
to the utility provider.
PHA Policy
The PHA will make utility reimbursements to the units electric provider. The PHA
will issue all utility reimbursements monthly.
6-III.B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.630]
Overview
If the PHA establishes a minimum rent greater than zero, the PHA must grant an
exemption from the minimum rent if a family is unable to pay the minimum rent because
of financial hardship.
The financial hardship exemption applies only to families required to pay the minimum
rent. If a family’s TTP is higher than the minimum rent, the family is not eligible for a
hardship exemption. If the PHA determines that a hardship exists, the family share is
the highest of the remaining components of the family’s calculated TTP.
HUD-Defined Financial Hardship
Financial hardship includes the following situations:
(1) The family has lost eligibility for or is awaiting an eligibility determination for a
federal, state, or local assistance program. This includes a family member who is a
noncitizen lawfully admitted for permanent residence under the Immigration and
Nationality Act who would be entitled to public benefits but for Title IV of the
Personal Responsibility and Work Opportunity Act of 1996.
PHA Policy
A hardship will be considered to exist only if the loss of eligibility has 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
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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.
(2) The family would be evicted because it is unable to pay the minimum rent.
PHA Policy
For a family to qualify under this provision, the cause of the potential eviction
must be the family’s failure to pay rent to the owner or tenant-paid utilities.
(3) Family income has decreased because of changed family circumstances, including
the loss of employment.
(4) A death has occurred in the family.
PHA Policy
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).
(5) The family has experienced other circumstances determined by the PHA.
PHA Policy
The PHA has not established any additional hardship criteria.
Implementation of Hardship Exemption
Determination of Hardship
When a family requests a financial hardship exemption, the PHA must suspend the
minimum rent requirement beginning the first of the month following the family’s
request.
The PHA then determines whether the financial hardship exists and whether the
hardship is temporary or long-term.
PHA Policy
The PHA defines temporary hardship as a hardship expected to last 90 days or
less. Long-term hardship is defined as a hardship expected to last more than 90
days.
When the minimum rent is suspended, the family share reverts to the highest of the
remaining components of the calculated TTP. The example below demonstrates the
effect of the minimum rent exemption.
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Example: Impact of Minimum Rent Exemption
Assume the PHA has established a minimum rent of $50.
Family Share – No Hardship
Family Share – With Hardship
$0
$15
N/A
$50
30% of monthly adjusted
income
10% of monthly gross income
Welfare rent
Minimum rent
$0
$15
N/A
$50
30% of monthly adjusted
income
10% of monthly gross income
Welfare rent
Minimum rent
Minimum rent applies.
TTP = $50
Hardship exemption granted.
TTP = $15
PHA Policy
To qualify for a hardship exemption, a family must submit a request for a
hardship exemption in writing. The request must explain the nature of the
hardship and how the hardship has affected the family’s ability to pay the
minimum rent.
The PHA will make the determination of hardship within 30 calendar days.
No Financial Hardship
If the PHA determines there is no financial hardship, the PHA will reinstate the minimum
rent and require the family to repay the amounts suspended.
PHA Policy
The PHA will require the family to repay the suspended amount within 30
calendar days of the PHA’s notice that a hardship exemption has not been
granted.
Temporary Hardship
If the PHA determines that a qualifying financial hardship is temporary, the PHA must
suspend the minimum rent for the 90-day period beginning the first of the month
following the date of the family’s request for a hardship exemption.
At the end of the 90-day suspension period, the family must resume payment of the
minimum rent and must repay the PHA the amounts suspended. HUD requires the PHA
to offer a reasonable repayment agreement, on terms and conditions established by the
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PHA. The PHA also may determine that circumstances have changed and the hardship
is now a long-term hardship.
PHA Policy
The PHA will enter into a repayment agreement in accordance with the
procedures found in Chapter 16 of this plan.
Long-Term Hardship
If the PHA determines that the financial hardship is long-term, the PHA must exempt the
family from the minimum rent requirement for so long as the hardship continues. The
exemption will apply from the first of the month following the family’s request until the
end of the qualifying hardship. When the financial hardship has been determined to be
long-term, the family is not required to repay the minimum rent.
PHA Policy
The hardship period ends when any of the following circumstances apply:
(1) At an interim or annual reexamination, the family’s calculated TTP is greater
than the minimum rent.
(2) 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 example, if a hardship is approved
because a family no longer receives a $60/month child support payment, the
hardship will continue to exist until the family receives at least $60/month in
income from another source or once again begins to receive the child
support.
(3) 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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6-III.C. APPLYING PAYMENT STANDARDS [24 CFR 982.505(C) AND NOTICE PIH 2024-34]
Overview
The PHA’s schedule of payment standards is used to calculate housing assistance
payments for HCV families. This section covers the application of the PHA’s payment
standards. The establishment and revision of the PHA’s payment standard schedule are
covered in Chapter 16.
Payment standard is defined as “the maximum monthly assistance payment for a family
assisted in the voucher program (before deducting the total tenant payment by the
family)” [24 CFR 982.4(b)].
The payment standard for a family is the lower of (1) the payment standard for the
family unit size, which is defined as the appropriate number of bedrooms for the family
under the PHA’s subsidy standards [24 CFR 982.4(b)], or (2) the payment standard for
the size of the dwelling unit rented by the family [24 CFR 982.505(c)(1)].
If the PHA has established an exception payment standard for a designated part of an
FMR area in accordance with 24 CFR 982.503 and a family’s unit is located in the
designated area, the PHA must use the appropriate payment standard for the exception
area [24 CFR 982.505(c)(2)].
The PHA is required to pay a monthly housing assistance payment (HAP) for a family
that is the lower of (1) the payment standard for the family minus the family’s TTP or (2)
the gross rent for the family’s unit minus the TTP.
If during the term of the HAP contract for a family’s unit, the owner lowers the rent, the
PHA will recalculate the HAP using the lower of the initial payment standard or the
gross rent for the unit [HCV GB, p. 7-8].
Changes in Payment Standards
When the PHA revises its payment standards during the term of the HAP contract for a
family’s unit, it will apply the new payment standards in accordance with HUD
regulations. Regulations governing increases and decreases in the payment standard
have changed, with a required compliance date of December 3, 2024.
Decreases [24 CFR 982.505(c)(3) and Notice PIH 2024-34]
For new HAP contracts, the PHA applies the payment standard in effect at the time of
HAP contract execution.
The PHA must administer decreases in the payment standard amount for the family in
accordance with the PHA policy as described in the administrative plan and apply the
policy consistently to all families.
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If a PHA changes its payment standard schedule, resulting in a lower payment standard
amount, during the term of a HAP contract, the PHA is not required to reduce the
payment standard used to calculate subsidy for families under HAP contract as long as
the HAP contract remains in effect.
Changes effective 12/2/24 and earlier: If the PHA does choose to reduce the payment
standard for families currently under HAP contract, the initial reduction to the payment
standard may not be applied any earlier than the effective date of the family’s second
regular reexamination following the effective date of the decrease in the payment
standard amount.
Changes effective 12/3/24 and later: If the PHA does choose to reduce the payment
standard for families currently under HAP contract, the initial reduction to the payment
standard may not be applied any earlier than two years following the effective date of
the decrease in the payment standard and only with proper written notice to the family in
accordance with 24 CFR 982.505(c)(3)(iii).
At that point, the PHA may either reduce the payment standard to the current amount in
effect on the PHA’s payment standard schedule or may reduce the payment standard to
another amount that is higher than the normally applicable amount on the schedule. The
PHA may also establish different policies for designated areas within their jurisdiction
(e.g., different zip code areas).
In any case, the PHA must provide the family with at least 12 months’ notice that the
payment standard is being reduced before the effective date of the change. In the
written notice, the PHA must state the new payment standard amount, explain that the
family’s new payment standard amount will be the greater of the amount listed in the
current written notice or the new amount (if any) on the PHA’s payment standard
schedule at the end of the 12-month period, and make clear where the family will find
the PHA’s payment standard schedule. The PHA’s policy on decreases in the payment
standard during the term of the HAP contract apply to all families under HAP contract at
the time of the effective date of the decrease in the payment standard within the
designated area.
PHA Policy
If a PHA changes its payment standard schedule resulting in a lower payment
standard amount, during the term of a HAP contract, the PHA will not reduce the
payment standard used to calculate subsidy for families under HAP contract as
long as the HAP contract remains in effect.
The PHA will not establish different policies for decreases in the payment
standard for designated areas within their jurisdiction.
Increases [24 CFR 982.505(c)(4) and Notice PIH 2024-34]
For new HAP contracts, the PHA applies the payment standard in effect at the time of
HAP contract execution.
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Changes effective 12/2/24 and earlier: If the payment standard is increased during the
term of the HAP contract, the increased payment standard will be used to calculate the
monthly housing assistance payment for the family beginning on the effective date of
the family’s first regular reexamination on or after the effective date of the increase in
the payment standard.
Families requiring or requesting interim reexaminations will not have their HAP
payments calculated using the higher payment standard until their next annual
reexamination [HCV GB, p. 7-8].
Changes effective 12/3/24 and later: If the payment standard is increased during the
term of the HAP contract, the increased payment standard will be applied no later than
the earliest of:
The effective date of an increase in the gross rent that would result in an increase in
the family share;
The family’s first regular or interim reexamination; or
One year following the effective date of the increase in the payment standard
amount.
The PHA may adopt a policy to apply a payment standard increase at any time earlier
than the date calculated above as long as the policy is included in the administrative
plan and applied consistently to all families [24 CFR 982.505(c)(5)].
PHA Policy
The PHA will not adopt payment standard increases earlier than the date
required by the regulations.
Changes in Family Unit Size (Voucher Size) [24 CFR 982.505(c)(6) and Notice PIH
2024-34]
Changes effective 12/2/24 and earlier: Irrespective of any increase or decrease in the
payment standard, if the family unit size increases or decreases during the HAP
contract term, the new family unit size must be used to determine the payment standard
for the family beginning at the family’s first regular reexamination following the change
in family unit size.
Changes effective 12/3/24 and later: Irrespective of any increase or decrease in the
payment standard, if the family unit size increases or decreases during the HAP
contract term, the new family unit size may be used to determine the payment standard
immediately but no later than the family’s first regular reexamination following the
change in family unit size.
PHA Policy
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If the family unit size (voucher size) changes during the term of a HAP contract,
the new family unit size will be used to determine the payment standard at the
family’s first regular reexamination following the change in family unit size.
Moves
If the family moves to a new unit, or a new HAP contract is executed due to changes in
the lease (even if the family remains in place) the current payment standard applicable
to the family will be used when the new HAP contract is processed.
Reasonable Accommodation [24 CFR 982.503(d)(5)]
If a family requires a higher payment standard as a reasonable accommodation for a
family member who is a person with disabilities, the PHA is allowed to establish a higher
payment standard for the family of not more than 120 percent of the published FMR
without HUD approval or prior notification to HUD. A PHA may establish a payment
standard greater than 120 percent of the applicable FMR as a reasonable
accommodation in accordance with 24 CFR part 8, after requesting and receiving HUD
approval. See Chapter 16 for more information.
6-III.D. APPLYING UTILITY ALLOWANCES [24 CFR 982.517]
Overview
A PHA-established utility allowance schedule is used in determining family share and
PHA subsidy. A family's utility allowance is determined by the size of dwelling unit
leased by a family or the voucher unit size for which the family qualifies using PHA
subsidy standards, whichever is the lowest of the two. See Chapter 5 for information on
the PHA’s subsidy standards.
For policies on establishing and updating utility allowances, see Chapter 16.
Flat Fees [24 CFR 982.517(b)(2)(iii)]
The PHA may base its utility allowance payments on actual flat fees charged by an
owner for utilities that are billed directly by the owner, but only if the flat fee charged by
the owner is no greater than the PHA’s applicable utility allowance for the utilities
covered by the fee. If the owner charges a flat fee for some but not all utilities, the PHA
must pay a separate allowance for any tenant-paid utilities not covered in the flat fee.
PHA Policy
The PHA will not base utility allowance payments on flat fees charged by the
owner.
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PBV Developments [24 CFR 982.517(b)(2)(iv)]
If a tenant-based voucher holder resides in a project with project-based voucher (PBV)
units and the PBV units use a site-specific utility allowance in accordance with PBV
regulations, the PHA must use the project-specific utility allowance schedule.
Reasonable Accommodation and Individual Relief
On request from a family that includes a person with disabilities, the PHA must approve
a utility allowance which is higher than the applicable amount on the utility allowance
schedule if a higher utility allowance is needed as a reasonable accommodation to
make the program accessible and usable by the family member with a disability [24
CFR 982.517(e)]. (See Chapter 2 for policies regarding the request and approval of
reasonable accommodations.)
Further, the PHA may grant requests for individual relief from charges in excess of the
utility allowance on reasonable grounds, such as special factors not within control of the
resident, as the PHA deems appropriate. The family must request the higher allowance
and provide the PHA an explanation of the need for individual relief and an explanation
about the amount of additional allowance required [see HCV GB, p. 18-8].
PHAs should develop criteria for granting individual relief, notify residents about the
availability of individual relief, and notify participants about the availability of individual
relief programs (sometimes referred to as “Medical Baseline discounts”) offered by the
local utility company.
PHA Policy
The family must request the higher allowance and provide the PHA with
information about the amount of additional allowance required.
The PHA will consider the following criteria as valid reasons for granting
individual relief:
The family’s consumption was mistakenly portrayed as excessive due to
defects in the meter or errors in the meter reading.
The excessive consumption is caused by a characteristic of the unit or
owner-supplied equipment that is beyond the family’s control, such as a
particularly inefficient refrigerator or inadequate insulation. The allowance
should be adjusted to reflect the higher consumption needs associated
with the unit until the situation is remedied. The resident should be granted
individual relief until the allowance is adjusted.
The excessive consumption is due to special needs of the family that are
beyond their control, such as the need for specialized equipment in the
case of a family member who is ill, elderly, or who has a disability.
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In determining the amount of the reasonable accommodation or individual relief,
the PHA will allow a reasonable measure of additional usage as necessary.
At its discretion, the PHA may reevaluate the need for the increased utility
allowance at any regular reexamination.
If the excessive consumption is caused by a characteristic of the unit or PHA-
supplied equipment that is beyond the family’s control, such as a particularly
inefficient refrigerator or inadequate insulation, the individual relief to the resident
will cease when the situation is remedied.
Utility Allowance Revisions
At reexamination, the PHA must use the current utility allowance schedule [HCV GB,
p. 18-8].
PHA Policy
Revised utility allowances will be applied to a family’s rent and subsidy
calculations at the first annual reexamination that is effective after the allowance
is adopted.
6-III.E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520]
HUD regulations prohibit assistance to ineligible family members. A mixed family is one
that includes at least one U.S. citizen or eligible immigrant and any number of ineligible
family members. The PHA must prorate the assistance provided to a mixed family. The
PHA will first determine assistance as if all family members were eligible and then
prorate the assistance based upon the percentage of family members that actually are
eligible. For example, if the PHA subsidy for a family is calculated at $500 and two of
four family members are ineligible, the PHA subsidy would be reduced to $250.
EXHIBIT 6-1: ANNUAL INCOME INCLUSIONS
24 CFR 5.609
(a) Annual income means all amounts,
monetary or not, which:
(1) Go to, or on behalf of, the family head
or spouse (even if temporarily absent) or
to any other family member; or
(2) Are anticipated to be received from a
source outside the family during the 12-
month period following admission or
annual reexamination effective date; and
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(3) Which are not specifically excluded in
paragraph (c) of this section.
(4) Annual income also means amounts
derived (during the 12-month period) from
assets to which any member of the family
has access.
(b) Annual income includes, but is not
limited to:
(1) The full amount, before any payroll
deductions, of wages and salaries,
overtime pay, commissions, fees, tips and
bonuses, and other compensation for
personal services;
(2) The net income from the operation of a
business or profession. Expenditures for
business expansion or amortization of
capital indebtedness shall 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 Internal
Revenue Service regulations. 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;
(3) Interest, dividends, and other net
income of any kind from real or personal
property. Expenditures for amortization of
capital indebtedness shall not be used as
deductions in determining net income. An
allowance for depreciation is permitted
only as authorized in paragraph (b)(2) of
this section. Any withdrawal of cash or
assets from an investment will be included
in income, except to the extent the
withdrawal is reimbursement of cash or
assets invested by the family. Where the
family has net family assets in excess of
$5,000, annual income shall include the
greater of the actual income derived from
all net family assets or a percentage of the
value of such assets based on the current
passbook savings rate, as determined by
HUD;
(4) The full amount of periodic amounts
received from Social Security, annuities,
insurance policies, retirement funds,
pensions, disability or death benefits, and
other similar types of periodic receipts,
including a lump-sum amount or
prospective monthly amounts for the
delayed start of a periodic amount (except
as provided in paragraph (c)(14) of this
section);
(5) Payments in lieu of earnings, such as
unemployment and disability
compensation, worker's compensation
and severance pay (except as provided in
paragraph (c)(3) of this section);
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(6) Welfare assistance payments.
(i) Welfare assistance payments made
under the Temporary Assistance for
Needy Families (TANF) program are
included in annual income only to the
extent such payments:
(A) Qualify as assistance under the TANF
program definition at 45 CFR 260.311; and
(B) Are not otherwise excluded under
paragraph (c) of this section.
(ii) If the welfare assistance payment
includes an amount specifically
designated for shelter and utilities that is
subject to adjustment by the welfare
assistance agency in accordance with the
actual cost of shelter and utilities, the
amount of welfare assistance income to
be included as income shall consist of:
(A) The amount of the allowance or grant
exclusive of the amount specifically
designated for shelter or utilities; plus
(B) The maximum amount that the welfare
assistance agency could in fact allow the
family for shelter and utilities. If the
family's welfare assistance is ratably
reduced from the standard of need by
applying a percentage, the amount
calculated under this paragraph shall be
the amount resulting from one application
of the percentage.
(7) Periodic and determinable allowances,
such as alimony and child support
payments, and regular contributions or
gifts received from organizations or from
persons not residing in the dwelling;
(8) All regular pay, special pay and
allowances of a member of the Armed
Forces (except as provided in paragraph
(c)(7) of this section)
1 Text of 45 CFR 260.31 follows.
(9) For section 8 programs only and as
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provided in 24 CFR 5.612, any financial
assistance, in excess of amounts received
for tuition, that an individual receives
under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), from private
sources, or from an institution of higher
education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)),
shall be considered income to that
individual, except that financial assistance
described in this paragraph is not
considered annual income for persons
over the age of 23 with dependent
children. For purposes of this paragraph,
“financial assistance” does not include
loan proceeds for the purpose of
determining income.
HHS DEFINITION OF
"ASSISTANCE"
45 CFR: GENERAL TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES
260.31 What does the term
“assistance” mean?
(a)(1) The term “assistance” includes
cash, payments, vouchers, and other
forms of benefits designed to meet a
family’s ongoing basic needs (i.e., for
food, clothing, shelter, utilities,
household goods, personal care items,
and general incidental expenses).
(2) It includes such benefits even when
they are:
(i) Provided in the form of payments by
a TANF agency, or other agency on its
behalf, to individual recipients; and
(ii) Conditioned on participation in work
experience or community service (or
any other work activity under 261.30 of
this chapter).
(3) Except where excluded under
paragraph (b) of this section, it also
includes supportive services such as
transportation and childcare provided to
families who are not employed.
(b) [The definition of “assistance”]
excludes: (1) Nonrecurrent, short-term
benefits that:
(i) Are designed to deal with a specific
crisis situation or episode of need;
(ii) Are not intended to meet recurrent
or ongoing needs; and
(iii) Will not extend beyond four months.
(2) Work subsidies (i.e., payments to
employers or third parties to help cover
the costs of employee wages, benefits,
supervision, and training);
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(3) Supportive services such as
childcare and transportation provided to
families who are employed;
(4) Refundable earned income tax
credits;
(5) Contributions to, and distributions
from, Individual Development Accounts;
(6) Services such as counseling, case
management, peer support, childcare
information and referral, transitional
services, job retention, job
advancement, and other employment-
related services that do not provide
basic income support; and
(7) Transportation benefits provided
under a Job Access or Reverse
Commute project, pursuant to section
404(k) of [the Social Security] Act, to an
individual who is not otherwise
receiving assistance.
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EXHIBIT 6-2: ANNUAL INCOME EXCLUSIONS
24 CFR 5.609
(c) Annual income does not include the
following:
(1) Income from employment of children
(including foster children) under the age of
18 years;
(2) Payments received for the care of
foster children or foster adults (usually
persons with disabilities, unrelated to the
tenant family, who are unable to live
alone);
(3) 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
(except as provided in paragraph (b)(5) of
this section);
(4) Amounts received by the family that
are specifically for, or in reimbursement of,
the cost of medical expenses for any
family member;
(5) Income of a live-in aide, as defined in
Sec. 5.403;
(6) Subject to paragraph (b)(9) of this
section, the full amount of student
financial assistance paid directly to the
student or to the educational institution;
(7) The special pay to a family member
serving in the Armed Forces who is
exposed to hostile fire;
(8) (i) Amounts received under training
programs funded by HUD;
(ii) 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);
(iii) Amounts received by a participant in
other publicly assisted programs which are
specifically for or in reimbursement of out-
of-pocket expenses incurred (special
equipment, clothing, transportation,
childcare, etc.) and which are made solely
to allow participation in a specific program;
(iv) Amounts received under a resident
service stipend. A resident service stipend
is a modest amount (not to exceed $200
per month) received by a resident for
performing a service for the PHA or
owner, on a part-time basis, that enhances
the quality of life in the development. Such
services may include, but are not limited
to, fire patrol, hall monitoring, lawn
maintenance, resident initiatives
coordination, and serving as a member of
the PHA's governing board. No resident
may receive more than one such stipend
during the same period of time;
(v) Incremental earnings and benefits
resulting to any family member from
participation in qualifying State or local
employment training programs (including
training programs not affiliated with a local
government) and training of a family
member as resident management staff.
Amounts excluded by this provision must
be received under employment training
programs with clearly defined goals and
objectives, and are excluded only for the
period during which the family member
participates in the employment training
program;
(9) Temporary, nonrecurring or sporadic
income (including gifts);
(10) Reparation payments paid by a
foreign government pursuant to claims
filed under the laws of that government by
persons who were persecuted during the
Nazi era;
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(11) Earnings in excess of $480 for each
full-time student 18 years old or older
(excluding the head of household and
spouse);
(12) Adoption assistance payments in
excess of $480 per adopted child;
(13) [Reserved]
(14) 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 prospective monthly amounts.
(15) 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;
(16) Amounts paid by a State agency to a
family with a member who has a
developmental disability and is living at
home to offset the cost of services and
equipment needed to keep the
developmentally disabled family member
at home; or
(17) 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. A notice will be published
in the Federal Register and distributed to
PHAs and housing owners identifying the
benefits that qualify for this exclusion.
Updates will be published and distributed
when necessary. [See Section 6-I.M. for a
list of benefits that qualify for
this exclusion.]
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EXHIBIT 6-3: TREATMENT OF FAMILY ASSETS
24 CFR 5.603(b) Net Family Assets
(1) Net cash value after deducting
reasonable costs that would be incurred in
disposing of real property, savings, stocks,
bonds, and other forms of capital
investment, excluding interests in Indian
trust land and excluding equity accounts in
HUD homeownership programs. The
value of necessary items of personal
property such as furniture and
automobiles shall be excluded.
(2) In cases where a trust fund has been
established and the trust is not revocable
by, or under the control of, any member of
the family or household, the value of the
trust fund will not be considered an asset
so long as the fund continues to be held in
trust. Any income distributed from the trust
fund shall be counted when determining
annual income under Sec. 5.609.
(3) In determining net family assets, PHAs
or owners, as applicable, shall 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
therefor. In the case of a disposition as
part of a separation or divorce settlement,
the disposition will not be considered to be
for less than fair market value if the
applicant or tenant receives important
consideration not measurable in dollar
terms.
(4) For purposes of determining annual
income under Sec. 5.609, the term "net
family assets'' does not include the value
of a home currently being purchased with
assistance under part 982, subpart M of
this title. This exclusion is limited to the
first 10 years after the purchase date of
the home.
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EXHIBIT 6-4: THE EFFECT OF WELFARE BENEFIT REDUCTION
24 CFR 5.615
Public housing program and Section 8 tenant-based assistance program: How
welfare benefit reduction affects family income.
(a) Applicability. This section applies to
covered families who reside in public
housing (part 960 of this title) or receive
Section 8 tenant-based assistance (part
982 of this title).
(b) Definitions. The following definitions
apply for purposes of this section:
Covered families. Families who receive
welfare assistance or other public
assistance benefits ("welfare benefits'')
from a State or other public agency
("welfare agency'') under a program for
which Federal, State, or local law
requires that a member of the family
must participate in an economic self-
sufficiency program as a condition for
such assistance.
Economic self-sufficiency program. See
definition at Sec. 5.603.
Imputed welfare income. The amount of
annual income not actually received by
a family, as a result of a specified
welfare benefit reduction, that is
nonetheless included in the family's
annual income for purposes of
determining rent.
Specified welfare benefit reduction.
(1) A reduction of welfare benefits by the
welfare agency, in whole or in part, for a
family member, as determined by the
welfare agency, because of fraud by a
family member in connection with the
welfare program; or because of welfare
agency sanction against a family
member for noncompliance with a
welfare agency requirement to
participate in an economic self-
sufficiency program.
(2) "Specified welfare benefit reduction''
does not include a reduction or
termination of welfare benefits by the
welfare agency:
(i) at expiration of a lifetime or other time
limit on the payment of welfare benefits;
(ii) because a family member is not able
to obtain employment, even though the
family member has complied with
welfare agency economic self-
sufficiency or work activities
requirements; or
(iii) because a family member has not
complied with other welfare agency
requirements.
(c) Imputed welfare income.
(1) A family's annual income includes
the amount of imputed welfare income
(because of a specified welfare benefits
reduction, as specified in notice to the
PHA by the welfare agency), plus the
total amount of other annual income as
determined in accordance with Sec.
5.609.
(2) At the request of the PHA, the
welfare agency will inform the PHA in
writing of the amount and term of any
specified welfare benefit reduction for a
family member, and the reason for such
reduction, and will also inform the PHA
of any subsequent changes in the term
or amount of such specified welfare
benefit reduction. The PHA will use this
information to determine the amount of
imputed welfare income for a family.
(3) A family's annual income includes
imputed welfare income in family annual
income, as determined at the PHA's
interim or regular reexamination of
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family income and composition, during
the term of the welfare benefits
reduction (as specified in information
provided to the PHA by the welfare
agency).
(4) The amount of the imputed welfare
income is offset by the amount of
additional income a family receives that
commences after the time the sanction
was imposed. When such additional
income from other sources is at least
equal to the imputed
(5) The PHA may not include imputed
welfare income in annual income if the
family was not an assisted resident at
the time of sanction.
(d) Review of PHA decision.
(1) Public housing. If a public housing
tenant claims that the PHA has not
correctly calculated the amount of
imputed welfare income in accordance
with HUD requirements, and if the PHA
denies the family's request to modify
such amount, the PHA shall give the
tenant written notice of such denial, with
a brief explanation of the basis for the
PHA determination of the amount of
imputed welfare income. The PHA
notice shall also state that if the tenant
does not agree with the PHA
determination, the tenant may request a
grievance hearing in accordance with
part 966, subpart B of this title to review
the PHA determination. The tenant is
not required to pay an escrow deposit
pursuant to Sec. 966.55(e) for the
portion of tenant rent attributable to the
imputed welfare income in order to
obtain a grievance hearing on the PHA
determination.
(2) Section 8 participant. A participant in
the Section 8 tenant-based assistance
program may request an informal
hearing, in accordance with Sec.
982.555 of this title, to review the PHA
determination of the amount of imputed
welfare income that must be included in
the family's annual income in
accordance with this section. If the
family claims that such amount is not
correctly calculated in accordance with
HUD requirements, and if the PHA
denies the family's request to modify
such amount, the PHA shall give the
family written notice of such denial, with
a brief explanation of the basis for the
PHA determination of the amount of
imputed welfare income. Such notice
shall also state that if the family does
not agree with the PHA determination,
the family may request an informal
hearing on the determination under the
PHA hearing procedure.
(e) PHA relation with welfare agency.
(1) The PHA must ask welfare agencies
to inform the PHA of any specified
welfare benefits reduction for a family
member, the reason for such reduction,
the term of any such reduction, and any
subsequent welfare agency
determination affecting the amount or
term of a specified welfare benefits
reduction. If the welfare agency
determines a specified welfare benefits
reduction for a family member, and
gives the PHA written notice of such
reduction, the family's annual incomes
shall include the imputed welfare
income because of the specified welfare
benefits reduction.
(2) The PHA is responsible for
determining the amount of imputed
welfare income that is included in the
family's annual income as a result of a
specified welfare benefits reduction as
determined by the welfare agency, and
specified in the notice by the welfare
agency to the PHA. However, the PHA
is not responsible for determining
whether a reduction of welfare benefits
by the welfare agency was correctly
determined by the welfare agency in
accordance with welfare program
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requirements and procedures, nor for
providing the opportunity for review or
hearing on such welfare agency
determinations.
(3) Such welfare agency determinations
are the responsibility of the welfare
agency, and the family may seek appeal
of such determinations through the
welfare agency's normal due process
procedures. The PHA shall be entitled to
rely on the welfare agency notice to the
PHA of the welfare agency's
determination of a specified welfare
benefits reduction.
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7-1
7-2
Chapter 6.B.
INCOME AND SUBSIDY DETERMINATIONS UNDER HOTMA 102/104
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
INTRODUCTION
This chapter is applicable upon the PHA’s HOTMA 102/104 compliance date. Prior to
this date, the PHA will follow policies as outlined in Chapter 6.A. of the model policy.
A family’s income determines eligibility for assistance and is also used to calculate the
family’s payment and the PHA’s subsidy. The PHA will use the policies and methods
described in this chapter to ensure that only eligible families receive assistance and that
no family pays more or less than its obligation under the regulations. This chapter
describes HUD regulations and PHA policies related to these topics in three parts as
follows:
Part I: Annual Income. HUD regulations specify the sources of income which are
excluded from the family’s annual income. These requirements and PHA policies
for calculating annual income are found in Part I.
Part II: Assets. HUD regulations specify the types of assets which are excluded
from a family’s annual income. These requirements and PHA policies for
calculating income from assets are found in Part II.
Part III: Adjusted Income. Once annual income has been established, HUD
regulations require the PHA to subtract from annual income any of five
mandatory deductions for which a family qualifies and allow the PHA to adopt
additional permissive deductions. These requirements and PHA policies for
calculating adjusted income are found in Part III.
Part IV: Calculating Family Share and PHA Subsidy. This part describes the
statutory formula for calculating total tenant payment (TTP), the use of utility
allowances, and the methodology for determining PHA subsidy and required
family payment.
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PART I: ANNUAL INCOME
6-I.A. OVERVIEW [24 CFR 5.609]
Annual income includes:
All amounts, not specifically excluded in 24 CFR 5.609(b);
All amounts received from all sources (other than those specifically excluded in
24 CFR 5.609(b)) by each member of the family who is 18 years of age or older or is
the head of household or spouse;
Unearned income (other than those sources specifically excluded in 24 CFR
5.609(b)) by or on behalf of each dependent who is under 18 years of age; and
Imputed returns of an asset based on the current passbook savings rate, as
determined by HUD, when the value of net family assets exceeds the HUD-
published threshold amount (adjusted annually and published in HUD’s Inflation-
Adjusted Values tables) and the actual returns from a given asset cannot be
calculated.
In addition to this general definition, the regulations at 24 CFR 5.609(b) provide a
comprehensive listing of all sources of income that are excluded from annual income.
Note, unlike in previous versions of the regulations, the current regulations governing
annual income do not list sources of income that are to be included. Instead, HUD relies
on the definition of excluded income under 24 CFR 5.609(b) to provide the scope of
what is included. To that end, generally, all income is included unless it is specifically
excluded by regulation.
Annual income includes “all amounts received,” not the amount that a family may be
legally entitled to receive but did not receive. For example, a family’s child support or
alimony income must be based on payments received, not the amounts to which the
family is entitled by court or agency orders. However, when a family member’s wages or
benefits are garnished, levied, or withheld to pay restitution, child support, tax debt,
student loan debt, or other applicable debts, the PHA must use the gross amount of the
income, prior to the reduction, to determine a family’s annual income [Notice PIH 2023-
27].
Annual income also includes all actual anticipated income from assets (provided the
income is not otherwise excluded) even if the asset itself is excluded from net family
assets [Notice PIH 2023-27]. 24 CFR 5.603(b)(1) describes HUD regulations for treating
specific types of income and assets. The full texts of those portions of the regulations
are provided in exhibits at the end of this chapter as follows:
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Annual Income Full Definition (Exhibit 6-1)
Treatment of Family Assets (Exhibit 6-2)
The Effect of Welfare Benefit Reduction (Exhibit 6-3)
Sections 6-I.B and 6-I.C discuss general requirements and methods for calculating
annual income. The rest of this section describes how each source of income is treated
for the purposes of determining annual income. Verification requirements for annual
income are discussed in Chapter 7.
6-I.B. HOUSEHOLD COMPOSITION AND INCOME
Overview
Income received by all family members must be counted unless specifically excluded by
the regulations. It is the responsibility of the head of household to report changes in
family composition in accordance with HUD regulations and PHA policies in Chapter 11.
The rules on which sources of income are counted vary somewhat by family member.
The chart below summarizes how family composition affects income determinations.
Summary of Income Included and Excluded by Person
Live-in aides
Income from all sources (both earned and unearned)
is excluded [24 CFR 5.609(b)(8)].
Foster child or foster adult
Income from all sources (both earned and unearned)
is excluded [24 CFR 5.609(b)(8)].
Head, spouse, or cohead
Other adult family members
All sources of income not specifically excluded by the
regulations are included [24 CFR 5.609(a)].
Minors
Earned income of children under 18 years of age is
excluded [24 CFR 5.609(b)(3)].
All sources of unearned income, except those
specifically excluded by the regulations, are included
[24 CFR 5.609(a)].
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Full-time students 18 years
of age or older (not head,
spouse, or cohead)
Earned income in excess of the dependent deduction
is excluded [24 CFR 5.609(b)(14)].
All sources of unearned income, except those
specifically excluded by the regulations, are included.
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Temporarily Absent Family Members
The current regulations governing annual income do not specifically address temporarily
absent family members. The regulations also do not define “temporarily” or
“permanently” absent or specify a timeframe associated with a temporary versus a
permanent absence.
PHA Policy
Unless specifically excluded by the regulations, the income of all family members
approved to live in the unit will be counted, even if the family member is
temporarily absent from the unit.
Generally, an individual who is or is expected to be absent from the assisted unit
for 180 consecutive days or less 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 180 consecutive days is
considered permanently absent and no longer a family member. Exceptions to
this general policy are discussed below.
Absent Students
PHA Policy
When someone who has been considered a family member attends school away
from home, the person will continue to be considered a family member unless
information becomes available to the PHA indicating that the student has
established a separate household, or the family declares that the student has
established a separate household.
Absences Due to Placement in Foster Care
Children temporarily absent from the home as a result of placement in foster care (as
confirmed by the state child welfare agency) are considered members of the family [24
CFR 5.403].
PHA Policy
If a child has been placed in foster care, the PHA 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 continue to be counted as a family member.
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Absent Head, Spouse, or Cohead
PHA Policy
An employed head, spouse, or cohead absent from the unit more than 180
consecutive days due to employment will continue to be considered a family
member.
7-8
Family Members Permanently Confined for Medical Reasons
If a family member is confined to a nursing home or hospital on a permanent basis, that
person is no longer considered a family member and the income of that person is not
counted [HCV GB, p. 5-22].
PHA Policy
The PHA will request verification from a responsible medical professional and will
use this determination. If the responsible medical professional 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.
When an individual who has been counted as a family member is determined
permanently absent, the family is eligible for the medical expense deduction only
if the remaining head, spouse, or cohead qualifies as an elderly person or a
person with disabilities.
Joint Custody of Dependents
PHA Policy
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 50
percent or more of the time.
When more than one applicant or participant family is claiming the same
dependents as family members, the family with primary custody at the time of the
initial examination or reexamination will be able to claim the dependents. If there
is a dispute about which family should claim them, the PHA will make the
determination based on available documents such as court orders, school
records, or an IRS return showing which family has claimed the child for income
tax purposes.
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Caretakers for a Child
PHA Policy
The approval of a caretaker is at the owner and PHA’s discretion and subject to
the owner and PHA’s screening criteria. If neither a parent nor a designated
guardian remains in a household receiving HCV assistance, the PHA will take the
following actions.
(1) If a responsible agency has determined that another adult is to be brought
into the assisted 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.
(2) 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 days. After the
90 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 PHA will extend the caretaker’s status as an
eligible visitor.
(3) At any time that custody or guardianship legally has been awarded to a
caretaker, the housing choice voucher will be transferred to the caretaker.
(4) 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
the family for any deductions from income.
7-10
6-I.C. CALCULATING ANNUAL INCOME
The methodology used for calculating income differs depending on whether income is
being calculated at initial occupancy, interim reexamination, or at annual reexamination.
However, income from assets is always anticipated regardless of certification type.
Anticipating Annual Income [24 CFR 5.609(c)(1)]
At initial occupancy and for an interim reexamination of family income, the PHA is
required to use anticipated income (current income) for the upcoming 12-month period
following the new admission or interim reexamination effective date. Policies related to
verifying income are found in Chapter 7.
PHA Policy
When the PHA cannot readily anticipate income based upon current
circumstances (e.g., in the case of temporary, sporadic, or variable employment,
seasonal employment, unstable working hours, or suspected fraud), the PHA will
review and analyze historical data for patterns of employment, paid benefits, and
receipt of other income and use the results of this analysis to establish annual
income.
Any time current circumstances are not used to project annual income, a clear
rationale for the decision will be documented in the file. In all such cases the
family may present information and documentation to the PHA to show why the
historic pattern does not represent the family’s anticipated income.
In all cases, the family file will be documented with a clear record of the reason
for the decision, and a clear audit trail will be left as to how the PHA annualized
projected income.
Known Changes in Income
If the PHA verifies an upcoming increase or decrease in income at admission or
interim reexamination, annual income will be projected by applying each income
amount to the appropriate part of the 12-month period.
Example: An employer reports that a full-time employee who has been receiving
$8/hour will begin to receive $8.25/hour in the eighth week after the effective date
of the new admission or interim reexamination. In such a case the PHA would
calculate annual income as follows: ($8/hour × 40 hours × 7 weeks) + ($8.25 ×
40 hours × 45 weeks).
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The family may present information that demonstrates that implementing a
change before its effective date would create a hardship for the family. In such
cases the PHA will calculate annual income using current circumstances and
then, should the change in income require the PHA to conduct an interim
reexamination, conduct an interim reexamination in accordance with PHA policy
in Chapter 11.
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Calculating Annual Income at Annual Reexamination [24 CFR.609(c)(2);
Notice PIH 2023-27]
At annual reexamination, except where the PHA uses a streamlined income
determination, PHAs must first determine the family’s income for the previous 12-month
period and use this amount as the family income for annual reexaminations; however,
adjustments to reflect current income must be made. 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 in accordance with PHA policies in
Chapter 11 and HUD regulations, must be considered. If, however, there have been no
changes to income, then the amount of income calculated for the previous 12-month
period is the amount that will be used to determine the family’s rental assistance.
Income from assets is always anticipated, irrespective of the income examination type.
Policies related to conducting annual reexaminations are located in Chapter 11.
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6-I.D. EARNED INCOME
Wages and Related Compensation [24 CFR 5.609(a); Notice PIH 2023-27]
The earned income of each member of the family who is 18 years of age or older, or
who is the head of household or spouse/cohead regardless of age, is included in annual
income. Income received as a day laborer or seasonal worker is also included in annual
income, even if the source, date, or amount of the income varies [24 CFR 5.609
(b)(24)].
Earned income means 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, social
security, and governmental subsidies for certain benefits), or any cash or in-kind
benefits [24 CFR 5.100].
A day laborer is defined as an individual hired and paid one day at a time without an
agreement that the individual will be hired or work again in the future [24 CFR 5.603(b)].
Income earned as a day laborer is not considered nonrecurring income.
A seasonal worker is defined as an individual who is hired into a short-term position (
e.g., for which the customary employment period for the position is six months or fewer)
and the employment begins about the same time each year (such as summer or winter).
Typically, the individual is hired to address seasonal demands that arise for the
particular employer or industry [24 CFR 5.603(b)]. Some examples of seasonal work
include employment limited to holidays or agricultural seasons. Seasonal work may
include but is not limited to employment as a lifeguard, ballpark vendor, or snowplow
driver [Notice PIH 2023-27]. Income earned as a seasonal worker is not considered
nonrecurring income.
PHA Policy
The PHA will include in annual income the full amount, before any payroll
deductions, of wages and salaries, overtime pay, commissions, fees, tips and
bonuses, and other compensation.
For persons who regularly receive bonuses or commissions, the PHA will verify
and then average amounts received for the two years preceding admission or
interim reexamination. If only a one-year history is available, the PHA will use the
prior year amounts. In either case the family may provide, and the PHA will
consider, a credible justification for not using this history to anticipate future
bonuses or commissions. If a new employee has not yet received any bonuses
7-14
or commissions, the PHA will count only the amount estimated by the employer.
The file will be documented appropriately.
Military Pay
All regular pay, special pay and allowances of a member of the Armed Forces are
counted except for the special pay to a family member serving in the Armed Forces who
is exposed to hostile fire [24 CFR 5.609(b)(11)].
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Earnings of a Minor [24 CFR 5.609(b)(3)]
A minor is a member of the family, other than the head of household or spouse, who is
under 18 years of age. Employment income earned by minors is not included in annual
income. All other sources of unearned income, except those specifically excluded by the
regulations, are included.
Earned Income of Full-Time Students [24 CFR 5.609(b)(14)]
The earned income of a dependent full-time student in excess of the amount of the
dependent deduction is excluded from annual income. All sources of unearned income,
except those specifically excluded by the regulations, are included.
A family member other than the head of household or spouse/cohead is considered a
full-time student if they are attending school or vocational training on a full-time basis
[24 CFR 5.603(b)]. To be considered “full-time,” a student must be considered “full-time”
by an educational institution with a degree or certificate program [HCV GB, p. 5-29].
7-16
6-I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES [24 CFR
5.617; STREAMLINING FINAL RULE (SFR) FEDERAL REGISTER 3/8/16;
NOTICE PIH 2023-27]
HOTMA removed the statutory authority for the EID. The EID is available only to
families that are eligible for and participating on the program as of December 31, 2023,
or before; no new families may be added on or after January 1, 2024. If a family is
receiving the EID prior to or on the effective date of December 31, 2023, they are
entitled to the full amount of the benefit for a full 24-month period. The policies below
are applicable only to such families. No family will still be receiving the EID after
December 31, 2025. The EID will sunset on January 1, 2026, and the PHA policies
below will no longer be applicable as of that date or when the last qualifying family
exhausts their exclusion period, whichever is sooner.
Calculation of the Disallowance
Calculation of the earned income disallowance for an eligible member of a qualified
family begins with a comparison of the member’s current income with their “baseline
income.” The family member’s baseline income is their income immediately prior to
qualifying for the EID. The family member’s baseline income remains constant
throughout the period that they are participating in the EID.
Calculation Method
Initial 12-Month Exclusion
During the initial exclusion period of 12 consecutive months, the full amount (100
percent) of any increase in income attributable to new employment or increased
earnings is excluded.
PHA Policy
The initial EID exclusion period will begin on the first of the month following the
date an eligible member of a qualified family is first employed or first experiences
an increase in earnings.
Second 12-Month Exclusion
During the second exclusion period of 12 consecutive months, the PHA must exclude at
least 50 percent of any increase in income attributable to employment or increased
earnings.
PHA Policy
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During the second 12-month exclusion period, the PHA will exclude 100 percent
of any increase in income attributable to new employment or increased earnings.
Lifetime Limitation
The EID has a two-year (24-month) lifetime maximum. The two-year eligibility period
begins at the same time that the initial exclusion period begins and ends 24 months
later. During the 24-month period, an individual remains eligible for EID even if they
begin to receive assistance from a different housing agency, move between public
housing and Section 8 assistance, or have breaks in assistance. The EID will sunset on
January 1, 2026. In no circumstances will a family member’s exclusion period continue
past January 1, 2026.
6-I.F. BUSINESS AND SELF-EMPLOYMENT INCOME [24 CFR 5.609(B)(28); NOTICE PIH
2023-27]
Annual income includes “net income from the operation of a business or profession. Net
income is gross income minus business expenses that allows the business to operate.
Gross income is all income amounts received into the business, prior to the deduction of
business expenses.
Expenditures for business expansion or amortization of capital indebtedness may 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 Internal Revenue Service regulations. 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.”
PHA Policy
To determine business expenses that may be deducted from gross income, the
PHA will use current applicable Internal Revenue Service (IRS) rules for
determining allowable business expenses [see IRS Publication 535], unless a
topic is addressed by HUD regulations or guidance as described herein.
Independent Contractors
Income received as an independent contractor is included in annual income, even if the
source, date, or amount of the income varies [24 CFR 5.609 (b)(24)].
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An independent contractor is defined as an individual who qualifies as an independent
contractor instead of an employee in accordance with the Internal Revenue Code
Federal income tax requirements and whose earnings are consequently subject to the
Self-Employment Tax. In general, an individual is an independent contractor if the payer
has the right to control or direct only the result of the work and not what will be done and
how it will be done [24 CFR 5.603(b)]. This may include individuals such as third-party
delivery and transportation service providers and “gig workers” like babysitters,
landscapers, rideshare drivers, and house cleaners. Income earned as an independent
contractor is not considered nonrecurring income.
Business Expansion
HUD regulations do not permit the PHA to deduct from gross income expenses for
business expansion.
PHA Policy
Business expansion is defined as any capital expenditures made to add new
business activities, to expand current facilities, or to operate the business in
additional locations. For example, purchase of a street sweeper by a construction
business for the purpose of adding street cleaning to the services offered by the
business would be considered a business expansion. Similarly, the purchase of a
property by a hair care business to open at a second location would be
considered a business expansion.
Capital Indebtedness
HUD regulations do not permit the PHA to deduct from gross income the amortization of
capital indebtedness.
PHA Policy
Capital indebtedness is defined as the principal portion of the payment on a
capital asset such as land, buildings, and machinery. This means the PHA will
allow as a business expense interest, but not principal, paid on capital
indebtedness.
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Negative Business Income
If the net income from a business is negative, no business income will be included in
annual income; a negative amount will not be used to offset other family income.
Withdrawal of Cash or Assets from a Business
HUD regulations require the PHA to include in annual income the withdrawal of cash or
assets from the operation of a business or profession unless the withdrawal reimburses
a family member for cash or assets invested in the business by the family.
PHA Policy
Acceptable investments in a business include cash loans and contributions of
assets or equipment. For example, if a member of an assisted family provided an
up-front loan of $2,000 to help a business get started, the PHA will not count as
income any withdrawals from the business up to the amount of this loan until the
loan has been repaid. Investments do not include the value of labor contributed
to the business without compensation.
Co-owned Businesses
PHA Policy
If a business is co-owned with someone outside the family, the family must
document the share of the business it owns. If the family’s share of the income is
lower than its share of ownership, the family must document the reasons for the
difference.
Assets Owned by a 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 (e.g., they
own one-third of a restaurant) 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 (e.g., one-third of the value of the restaurant) [Notice PIH 2023-27].
6-I.G. STUDENT FINANCIAL ASSISTANCE [FR NOTICE 2/14/23 AND NOTICE PIH 2023-27]
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Introduction
HOTMA Student Financial Assistance Requirements [24 CFR 5.609(b)(9)]
The regulations under HOTMA distinguish between two categories of student financial
assistance paid to both full-time and part-time students.
The first category is any assistance to students under section 479B of the Higher
Education Act of 1965 (Title IV of the HEA) which must be excluded from the family’s
annual income [24 CFR 5.609(b)(9)(i)]. Examples of assistance under title IV of the HEA
include:
Federal Pell Grants;
Teach Grants;
Federal Work Study Programs;
Federal Perkins Loans;
Income earned in employment and training programs under section 134 of the
Workforce Innovation and Opportunity Act (WIOA); or
Bureau of Indian Affairs/Education student assistance programs
-
The Higher Education Tribal Grant
-
The Tribally Controlled Colleges or Universities Grant Program
The second category is any other grant-in-aid, scholarship, or other assistance amounts
an individual receives for the actual covered costs charged by the institute of higher
education (not otherwise excluded by the Federally mandated income exclusions)[24
CFR 5.609(b)(9)(ii)]. Other student financial assistance received by the student that,
either by itself or in combination with HEA assistance, exceeds the actual covered costs
is included in income.
Actual covered costs are defined as the actual costs of:
Tuition, books, and supplies;
-
Including supplies and equipment to support students with learning disabilities or
other disabilities
Room and board; and
Other fees required and charged to a student by the education institution.
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For a student who is not the head of household or spouse/cohead, actual covered costs
also include the reasonable and actual costs of housing while attending the institution of
higher education and not residing in an assisted unit.
Further, to qualify, other student financial assistance must be expressly:
For tuition, book, supplies, room and board, or other fees required and charged to
the student by the educational institution;
To assist a student with the costs of higher education; or
To assist a student who is not the head of household or spouse with the reasonable
and actual costs of housing while attending the educational institution and not
residing in an assisted unit.
The student financial assistance may be paid directly to the student or to the
educational institution on the student’s behalf. However, any student financial
assistance paid to the student must be verified by the PHA.
The financial assistance must be a grant or scholarship received from:
The Federal government;
A state, tribal, or local government ;
A private foundation registered as a nonprofit;
A business entity (such as corporation, general partnership, limited liability company,
limited partnership, joint venture, business trust, public benefit corporation, or
nonprofit entity); or
An institution of higher education.
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Student financial assistance, does not include:
Financial support provided to the student in the form of a fee for services performed;
(e.g., a work study or teaching fellowship that is not excluded under section 479B of
the Higher Education Act HEA);
Gifts, including gifts from family or friends; or
Any amount of the scholarship or grant that, either by itself or in combination with
assistance excluded under the HEA, exceeds the actual covered costs of the
student.
Calculating Income from Student Financial Assistance [HOTMA Student Financial
Assistance Resource Sheet; Notice PIH 2023-27]
There are two steps required as part of the calculation for Section 8 students. First,
determine the student’s relationship to the household, age, and whether they have
dependent children. Second, calculate whether any excess student financial assistance
should be included in the family’s income.
If the student does not live with their parents and is the head of household, cohead, or
spouse, and is 23 or younger or does not have dependent children, then Title IV HEA
assistance is considered when determining the student’s total financial aid amount.
Subtract the total tuition plus required fees and charges from the total student financial
assistance (Title IV HEA assistance and any other student financial assistance). If the
total tuition plus required fees and charges is zero or exceeds the amount of total
financial assistance from all sources, then no student financial assistance is included in
annual income. Any amount of student financial assistance that exceeds the total tuition
plus required fees and charges must be included in annual income.
If the student either lives with their parents or is over 23 with dependent children, then
the calculation will use the HOTMA methodology for calculating financial assistance,
which begins with deducting the assistance received under 479B of the HEA from the
total actual covered costs, because the 479B assistance is intended to pay the student’s
actual covered costs. When a student receives assistance from both Title IV of the HEA
and from other sources, the assistance received under Title IV of the HEA must be
applied to the student’s actual covered costs first and then other student financial
assistance is applied to any remaining actual covered costs. Once actual costs are
covered, any remaining student financial assistance is considered income.
PHA Policy
If the student does not live with their parents and is the head of household,
cohead, or spouse, and is 23 or younger or does not have dependent children,
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then Title IV HEA assistance will be considered when determining the student’s
total financial assistance to be included in annual income. The PHA will use
Notice PIH 2015-21 as a guide to determine the total amount of the student’s
tuition plus required fees and charges. The PHA will subtract the total tuition plus
required fees and charges from the total student financial assistance. If the result
is zero or exceeds the amount of total financial assistance from all sources, then
no student financial assistance will be included in annual income. Any amount of
student financial assistance that exceeds the total tuition plus required fees and
charges will be included in annual income.
Example 1
Tuition and required fees and charges: $20,000
Title IV HEA assistance: $10,000
Other student financial assistance: $15,000
Total student financial assistance: $10,000 + $15,000 =
$25,000
Included income: $25,000 in financial assistance - $20,000
tuition and required fees = $5,000
If a student is head, spouse, or cohead, and is over 23 with dependent children
or lives with their parents, the following applies:
If a student only receives financial assistance under Title IV of the HEA and does
not receive any other student financial assistance, the PHA will exclude the full
amount of the assistance received under Title IV from the family’s annual
income. The PHA will not calculate actual covered costs in this case.
If the student does not receive any assistance under Title IV of the HEA but does
receive assistance from another source, the PHA will first calculate the actual
covered costs to the student in accordance with 24 CFR 5.609(b)(ii). The PHA
will then subtract the total amount of the student’s financial assistance from the
student’s actual covered costs. The PHA will include any amount of financial
assistance in excess of the student’s actual covered costs in the family’s annual
income.
Example 1
Actual covered costs: $20,000
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Other student financial assistance: $25,000
Excluded income: $20,000 ($25,000 in financial assistance -
$20,000 in actual covered costs)
Included income: $5,000
When a student receives assistance from both Title IV of the HEA and from other
sources, the PHA will first calculate the actual covered costs to the student in
accordance with 24 CFR 5.609(b)(ii). The assistance received under Title IV of
the HEA will be applied to the student’s actual covered costs first and then the
other student financial assistance will be applied to any remaining actual covered
costs.
If the amount of assistance excluded under Title IV of the HEA equals or exceeds
the actual covered costs, none of the assistance included under other student
financial assistance” would be excluded from income.
Example 2
Actual covered costs: $25,000
Title IV HEA assistance: $26,000
Title IV HEA assistance covers the students entire actual
covered costs.
Other Student Financial Assistance: $5,000
Excluded income: The entire Title IV HEA assistance of
$26,000
Included income: All other financial assistance of $5,000
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If the amount of assistance excluded under Title IV of the HEA is less than the
actual covered costs, the PHA will exclude the amount of other student financial
assistance up to the amount of the remaining actual covered costs.
Example 3
Actual covered costs: $22,000
Title IV HEA assistance: $15,000
The remaining amount not covered by Title IV HEA assistance
is $7,000 ($22,000 in actual covered costs - $15,000 in Title IV
HEA assistance).
Other Student Financial Assistance: $5,000
$7,000 in remaining actual covered costs - $5,000 in other
financial assistance
Excluded income: $15,000 entire amount of the Title IV HEA
Assistance + $5,000 in other financial assistance
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Included income: $0
Example 4
Actual covered costs: $18,000
Title IV HEA Assistance: $15,000
The remaining amount not covered by Title IV HEA assistance
is $3,000 ($18,000 in actual covered costs - $15,000 in Title IV
HEA Assistance)
Other student Financial Assistance: $5,000
When other student financial assistance is applied, financial
assistance exceeds actual covered costs by $2,000 ($3,000 in
actual covered costs - $5,000 in other financial assistance).
Included income: $2,000 (the amount by which the financial aid
exceeds the student's actual covered costs).
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6-I.H. PERIODIC PAYMENTS
Periodic payments are forms of income received on a regular basis.
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. Income that has
a discrete end date and will not be repeated beyond the coming year is excluded from a
family’s annual income because it is nonrecurring income. For example, a family
receives income from a guaranteed income program in their city that has a discrete
beginning and end date. While the guaranteed income will be repeated in the coming
year, it will end before the family’s next annual reexamination. This income is fully
excluded from annual income.
However, this does not include unemployment income and other types of periodic
payments that are received at regular intervals (such as weekly, monthly, or yearly).
Unemployment income and other types of periodic payments are not considered
nonrecurring income, unless explicitly excluded from income under 25 CFR 5.609(b),
and thus they are included in annual income.Insurance payments and settlements for
personal or property losses, including but not limited to payments under health
insurance, motor vehicle insurance, and workers’ compensation, are excluded from
annual income. Any workers’ compensation is always excluded from annual income,
regardless of the frequency or length of the payments.
Lump-Sum Payments for the Delayed Start of a Periodic Payment [24 CFR
5.609(b)(16)]
Deferred periodic amounts from Supplemental Security Income (SSI) and Social
Security benefits that are received in a lump sum amount or in prospective monthly
amounts, or any deferred Department of Veterans Affairs (VA) disability benefits that
are received in a lump sum amount or in prospective monthly amounts are excluded
from annual income.
PHA Policy
The PHA will include in annual income lump sums received as a result of delays
in processing periodic payments (other than those specifically excluded by the
regulation), such as unemployment or welfare assistance.
When a delayed-start payment is received that is to be included and the family
reports this during the period in which the PHA is processing an annual
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reexamination, the PHA will adjust the family’s rent retroactively for the period the
payment was intended to cover.
If the delayed-start payment is received outside of the time the PHA is
processing an annual reexamination, then the PHA will consider whether the
amount meets the threshold to conduct an interim reexamination. If so, the PHA
will conduct an interim in accordance with PHA policies in Chapter 11. If not, the
PHA will consider the amount when processing the family’s next annual
recertification.
Retirement Accounts [24 CFR 5.609(b)(26); Notice PIH 2023-27]
Income received from any account under a retirement plan recognized as such by the
IRS, including individual retirement arrangements (IRAs), employer retirement plans,
and retirement plans for self-employed individuals is not considered actual income from
assets.
However, any distribution of periodic payments from such accounts is included in
annual income at the time they are received by the family.
An asset moved to a retirement account held by a member of the family is not
considered to be an asset disposed of for less than fair market value.
Social Security Benefits [Notice PIH 2018-24]
The PHA is required to use the gross benefit amount to calculate annual income from
Social Security benefits.
Annually in October, the Social Security Administration (SSA) announces the cost-of-
living adjustment (COLA) by which federal Social Security and SSI benefits are adjusted
to reflect the increase, if any, in the cost of living. The federal COLA does not apply to
state-paid disability benefits. Effective the day after the SSA has announced the COLA,
PHAs are required to factor in the COLA when determining Social Security and SSI
annual income for all annual reexaminations and interim reexaminations of family
income that have not yet been completed and will be effective January 1 or later of the
upcoming year [Notice PIH 2023-27]. When a family member’s benefits are garnished,
levied, or withheld to pay restitution, child support, tax debt, student loan debt, or other
7-29
debts, the PHA must use the gross amount of the income, prior to the reduction, to
determine a family’s annual income.
PHA Policy
Annual income includes “all amounts received,” not the amount that a family may
be legally entitled to receive but which they do not receive. When the SSA
overpays an individual, resulting in a withholding or deduction from their benefit
amount until the overpayment is paid in full, the PHA will use the reduced benefit
amount after deducting only the amount of the overpayment withholding from the
gross benefit amount.
Alimony and Child Support
PHA Policy
The PHA will count all regular payments of alimony or child support awarded as
part of a divorce or separation agreementUnless the family certifies and the PHA
verifies that the payments are not being made.
In order to verify that payments are not being made, the PHA will review child
support payments over the last three months. If no payments have been made in
the past three months and there are no lump sums, the PHA will not include
alimony or child support in annual income.
If payments are being made regularly, the PHA will use the amount
received during the last 12 months (excluding any lump sums received). If
payments have been made for a period less than 12 months, the PHA will
average all payments that have been made.
At new admission or interim recertification, if any lump sum payments
were made in the past 12 months, the PHA will determine the likelihood of
the family receiving another similar payment within the next 12 months
before deciding whether or not this amount will be included in the
calculation of annual income.
If the PHA determines and can appropriately verify that the family in
all likelihood will not receive a similar payment, then the amount will
not be considered when projecting annual income.
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If the PHA determines that it is likely that the family will receive a
similar payment and can appropriately verify it, the amount will be
included when projecting annual income.
6-I.I. NONRECURRING INCOME [24 CFR 5.609(B)(24) AND NOTICE PIH 2023-27]
Income received as an independent contractor, day laborer, or seasonal worker is not
excluded from income as nonrecurring income, 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 exclusion does not include
unemployment income and other types of periodic payments that are received at regular
intervals (such as weekly, monthly, or yearly).
Income amounts excluded under this category may include, but are not limited to:
Nonrecurring payments made to the family or to a third party on behalf of the family
to assist with utilities;
Payments for eviction prevention;
Security deposits to secure housing;
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Payments for participation in research studies (depending on the duration); and
General one-time payments received by or on behalf of the family.
Nonrecurring income that is excluded under the regulations includes:
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 [24 CFR 5.609(b)(24)(i)].
Direct federal or state payments intended for economic stimulus or recovery [24
CFR 5.609(b)(24)(ii)].
Amounts directly received by the family as a result of state refundable tax credits or
state or federal tax refunds at the time they are received [24 CFR 5.609(b)(24)(iii)
and (iv)].
Gifts for holidays, birthdays, or other significant life events or milestones (e.g.,
wedding gifts, baby showers, anniversaries) [24 CFR 5.609(b)(24)(v)].
Non-monetary, in-kind donations, such as food, clothing, or toiletries, received from
a food bank or similar organization [24 CFR 5.609(b)(24)(vi)]. When calculating
annual income, PHAs are prohibited from assigning monetary value to such non-
monetary in-kind donations received by the family [Notice PIH 2023-27]. Non-
recurring, non-monetary in-kind donations from friends and family are excluded as
non-recurring income. However, the value of regular in-kind donations (such as the
value of groceries) received by friends and family are included.
Lump-sum additions to net family assets, including but not limited to lottery or other
contest winnings [24 CFR 5.609(b)(24)(vii)].
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6-I.J. WELFARE ASSISTANCE
Overview
Welfare assistance is counted in annual income. Welfare assistance includes
Temporary Assistance for Needy Families (TANF) and any payments to individuals or
families based on need that are made under programs funded separately or jointly by
federal, state, or local governments.
Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615]
The PHA must make a special calculation of annual income when the welfare agency
imposes certain sanctions on certain families. The full text of the regulation at 24 CFR
5.615 is provided as Exhibit 6-3. The requirements are summarized below. This rule
applies only if a family was receiving HCV assistance at the time the sanction was
imposed.
Covered Families
The families covered by 24 CFR 5.615 are those “who receive welfare assistance or
other public assistance benefits (‘welfare benefits’) from a State or other public agency
(’welfare agency’) under a program for which Federal, State or local law requires that a
member of the family must participate in an economic self-sufficiency program as a
condition for such assistance” [24 CFR 5.615(b)]
Imputed Income
When a welfare agency imposes a sanction that reduces a family’s welfare income
because the family commits fraud or fails to comply with the agency’s economic self-
sufficiency program or work activities requirement, the PHA must include in annual
income “imputed” welfare income. The PHA must request that the welfare agency
provide the reason for the reduction of benefits and the amount of the reduction of
benefits. The imputed welfare income is the amount that the benefits were reduced as a
result of the sanction.
This requirement does not apply to reductions in welfare benefits: (1) at the expiration of
the lifetime or other time limit on the payment of welfare benefits, (2) if a family member
is unable to find employment even though the family member has complied with the
welfare agency economic self-sufficiency or work activities requirements, or (3) because
a family member has not complied with other welfare agency requirements [24 CFR
5.615(b)(2)].
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Offsets
The amount of the imputed welfare income is offset by the amount of additional income
the family begins to receive after the sanction is imposed. When the additional income
equals or exceeds the imputed welfare income, the imputed income is reduced to zero
[24 CFR 5.615(c)(4)].
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6-I.K. STATE PAYMENTS TO ALLOW INDIVIDUALS WITH DISABILITIES TO LIVE AT
HOME [24 CFR 5.609(B)(19)]
Payments made by or authorized by a state Medicaid agency (including through a
managed care entity) or other state or federal agency to an assisted family to enable a
member of the assisted family who has a disability to reside in the family’s assisted unit
are excluded.
Authorized payments may include payments to a member of the assisted family through
state Medicaid-managed care systems, other state agencies, federal agencies or other
authorized entities.
The payments must be received for caregiving services a family member provides to
enable another member of the assisted family who has a disability to reside in the
family’s assisted unit. Payments to a family member for caregiving services for
someone who is not a member of the assisted family (such as for a relative that resides
elsewhere) are not excluded from income.
Furthermore, if the agency is making payments for caregiving services to the family
member for an assisted family member and for a person outside of the assisted family,
only the payments attributable to the caregiving services for the caregiver’s assisted
family member would be excluded from income.
6-I.L. CIVIL RIGHTS SETTLEMENTS [24 CFR 5.609(B)(25); FR NOTICE 2/14/23]
Regardless of how the settlement or judgment is structured, civil rights settlements or
judgments, including settlements or judgments for back pay, are excluded from annual
income. This may include amounts received because of litigation or other actions, such
as conciliation agreements, voluntary compliance agreements, consent orders, other
forms of settlement agreements, or administrative or judicial orders under the Fair
Housing Act, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act
(Section 504), the Americans with Disabilities Act, or any other civil rights or fair housing
statute or requirement.
While these civil rights settlement or judgment amounts are excluded from income, the
settlement or judgment amounts will generally be counted toward the family’s net family
assets (e.g., if the funds are deposited into the family’s savings account or a revocable
trust under the control of the family or some other asset that is not excluded from the
definition of net family assets). Income generated on the settlement or judgment amount
after it has become a net family asset is not excluded from income. For example, if the
family received a settlement or back pay and deposited the money in an interest-
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bearing savings account, the interest from that account would be income at the time the
interest is received.
Furthermore, if a civil rights settlement or judgment increases the family’s net family
assets such that they exceed the HUD-published threshold amount ($50,000 for 2024,
and $51,600 for 2025), then income will be imputed on the net family assets pursuant to
24 CFR 5.609(a)(2). If the imputed income, which HUD considers unearned income,
increases the family’s annual adjusted income by 10 percent or more, then an interim
reexamination of income will be required unless the addition to the family’s net family
assets occurs within the last three months of the family’s income certification period and
the PHA or owner chooses not to conduct the examination.
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6-I.M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME [24 CFR 5.609(B); FR NOTICE
1/31/2024]
Other exclusions contained in 24 CFR 5.609(b) and FR Notice 1/31/24 that have not
been discussed earlier in this chapter include the following:
Payments received for the care of foster children or foster adults or state or tribal
kinship or guardianship care payments [24 CFR 5.609(b)(4)].
Insurance payments and settlements for personal or property losses, including but
not limited to payments through health insurance, motor vehicle insurance, and
workers’ compensation [24 CFR 5.609(b)(5)]. However, periodic payments paid at
regular intervals (such as weekly, monthly, or yearly) for a period of greater than one
year that are received in lieu of wages are included in annual income [Notice PIH
2023-27].
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 [24 CFR
5.609(b)(6)].
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 becoming disabled [24 CFR
5.609(b)(7)].
Income and distributions from any Coverdell education savings account under
Section 530 of the Internal Revenue Code of 1986 or any qualified tuition program
under Section 529 of such Code [24 CFR 5.609(b)(10)].
Income earned by government contributions to, and distributions from, “baby bond”
accounts created, authorized, or funded by federal, state, or local government [24
CFR 5.609(b)(10)].
The special pay to a family member serving in the Armed Forces who is exposed to
hostile fire [24 CFR 5.609(b)(11)].
Payments related to aid and attendance under 38 U.S.C. 1521 to veterans in need
of regular aid and attendance [24 CFR 5.609(b)(17)]. This income exclusion applies
only to veterans in need of regular aid and attendance and not to other beneficiaries
of the payments, such as a surviving spouse [Notice PIH 2023-27].
Loan proceeds (the net amount disbursed by a lender to or on behalf of a borrower,
under the terms of a loan agreement) received by the family or a third party (e.g.,
proceeds received by the family from a private loan to enable attendance at an
educational institution or to finance the purchase of a car) [24 CFR 5.609(b)(20)].
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The loan borrower or co-borrower must be a member of the family for this income
exclusion to be applicable [Notice PIH 2023-27].
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Payments received by tribal members as a result of claims relating to the
mismanagement of assets held in trust by the United States, to the extent such
payments are also excluded from gross income under the Internal Revenue Code or
other federal law [24 CFR 5.609(b)(21)]. Generally, payments received by tribal
members in excess of the first $2,000 of per capita shares are included in a family’s
annual income for purposes of determining eligibility. However, as explained in
Notice PIH 2023-27, payments made under the Cobell Settlement, and certain per
capita payments under the recent Tribal Trust Settlements, must be excluded from
annual income.
Replacement housing “gap” payments made in accordance with 49 CFR Part 24 that
offset increased out of pocket costs of displaced persons that move from one
federally subsidized housing unit to another federally subsidized housing unit. Such
replacement housing “gap” payments are not excluded from annual income if the
increased cost of rent and utilities is subsequently reduced or eliminated, and the
displaced person retains or continues to receive the replacement housing “gap”
payments [24 CFR 5.609(b)(23)].
Income earned on amounts placed in a family’s Family Self-Sufficiency account [24
CFR 5.609(b)(27)].
Amounts received by participants in other publicly assisted programs which are
specifically for or in reimbursement of out-of-pocket expenses incurred e.g., special
equipment, clothing, transportation, childcare, etc.) and which are made solely to
allow participation in a specific program [24 CFR 5.609(i)(12)(ii)].
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) [(24 CFR
5.609(b)(12)(i)].
Amounts received under a resident service stipend not to exceed $200 per month. A
resident service stipend is a modest amount received by a resident for performing a
service for the PHA or owner, on a part-time basis, that enhances the quality of life
in the development [24 CFR 5.609 I(12)(ii)].
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Incremental earnings and benefits to any family member resulting from participation in
qualifying training program funded by HUD or in 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 are
excluded from annual income. Amounts excluded by this provision must be received
under employment training programs with clearly defined goals and objectives and are
excluded only for the period during which the family member participates in the training
program unless those amounts are excluded under 24 CFR 5.609(b)(9)(i) [24 CFR
5.609(b)(12)(iv)].
PHA Policy
The PHA defines training program as “a learning process with goals and
objectives, generally having a variety of components, and taking place in a
series of sessions over a period of time. It is designed to lead to a higher level
of proficiency, and it enhances the individual’s ability to obtain employment. It
may have performance standards to measure proficiency. Training may
include but is not limited to: (1) classroom training in a specific occupational
skill, (2) on-the-job training with wages subsidized by the program, or (3)
basic education” [expired Notice PIH 98-2, p. 3].
The PHA defines incremental earnings and benefits as the difference
between (1) the total amount of welfare assistance and earnings of a family
member prior to enrollment in a training program and (2) the total amount of
welfare assistance and earnings of the family member after enrollment in the
program [expired Notice PIH 98-2, pp. 3–4].
In calculating the incremental difference, the PHA will use as the pre-
enrollment income the total annualized amount of the family member’s
welfare assistance and earnings reported on the family’s most recently
completed HUD-50058.
End of participation in a training program must be reported in accordance with
the PHA’s interim reporting requirements (see Chapter 11).
Reparation payments paid by a foreign government pursuant to claims filed under
the laws of that government by persons who were persecuted during the Nazi era
[24 CFR 5.609(b)(13)].
Adoption assistance payments for a child in excess of the amount of the dependent
deduction per adopted child [24 CFR 5.609(b)(15)].
Refunds or rebates on property taxes paid on the dwelling unit [24 CFR
5.609(b)(20)].
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Amounts that HUD is required by federal statute to exclude 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(b) apply. HUD will publish a notice in the
Federal Register to identify the benefits that qualify for this exclusion. Updates will
be published when necessary.
HUD publishes an updated list of these exclusions periodically. The most recent list
of exclusions was published in the Federal Register on January 31, 2024. It
includes:
(c) The value of the allotment provided to an eligible household under the Food
Stamp Act of 1977 (7 U.S.C. 2017 (b)). This exclusion also applies to assets.
(d) Benefits under Section 1780 of the Richard B. Russell School Lunch Act and
Child Nutrition Act of 1966, including WIC and reduced-price lunches.
(c) Payments, including for supportive services and reimbursement of out-of-pocket
expenses, to volunteers under the Domestic Volunteer Services Act of 1973 (42
U.S.C. 5044(g), 5058). The exclusion also applies to assets.
-
Except, the exclusion does not apply when the Chief Executive Officer of the
Corporation for National and Community Service determines that the value of
all such payments, adjusted to reflect the number of hours such volunteers
are serving, is equivalent to or greater than the minimum wage then in effect
under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) or the
minimum wage, under the laws of the State where such volunteers are
serving, whichever is the greater (42 U.S.C. 5044(f)(1)).
(d) Certain payments received under the Alaska Native Claims Settlement Act (43
U.S.C. 1626(c)).
(e) Income derived from certain submarginal land of the United States that is held in
trust for certain Indian tribes (25 U.S.C. 5506).
(f)
Payments or allowances made under the Department of Health and Human
Services’ Low-Income Home Energy Assistance Program (42 U.S.C. 8624(f)(1)).
(g) Allowances, earnings, and payments to individuals participating in programs
under the Workforce Investment Act of 1998 which was reauthorized as the
Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3241(a)(2)).
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(h) Deferred disability benefits from the Department of Veterans Affairs, whether
received as a lump sum or in monthly prospective amounts.
(i)
Income derived from the disposition of funds to the Grand River Band of Ottawa
Indians (Pub. L. 94-540, 90 Section 6).
(j)
Payments, funds, or distributions authorized, established, or directed by the
Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b)).
(k) A lump sum or periodic payment received by an individual Indian pursuant to the
Class Action Settlement Agreement in the United States District Court case
entitled Elouise Cobell et al. v. Ken Salazar et al., for a period of one year from
the time of receipt of that payment as provided in the Claims Resolution Act of
2010.
(l)
The first $2,000 of per capita shares received from judgment funds awarded by
the Indian Claims Commission or the U. S. Claims Court, the interests of
individual Indians in trust or restricted lands, including the first $2,000 per year
of income received by individual Indians from funds derived from interests held
in such trust or restricted lands (25 U.S.C. 1407-1408). This exclusion does not
include proceeds of gaming operations regulated by the Commission (25 U.S.C.
1407–1408).
(m) Payments received from programs funded under Title V of the Older Americans
Act of 1965 (42 U.S.C. 3056(f)).
(n) Payments received on or after January 1, 1989, from the Agent Orange
Settlement Fund or any other fund established pursuant to the settlement in In
Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.). This
exclusion also applies to assets.
(o) Payments received under 38 U.S.C. 1833(c) to children of Vietnam veterans
born with spinal bifida, children of women Vietnam veterans born with certain
birth defects, and children of certain Korean and Thailand service veterans born
with spinal bifida (42 U.S.C. 12637(d)).
(p) Payments received under the Maine Indian Claims Settlement Act of 1980 (25
U.S.C. 1721). This exclusion also applies to assets.
(q) The value of any childcare provided or arranged (or any amount received as
payment for such care or reimbursement for costs incurred for such care) under
the Childcare and Development Block Grant Act of 1990 (42 U.S.C. 9858q).
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(r)
Earned income tax credit (EITC) refund payments received on or after
January 1, 1991 (26 U.S.C. 32(j)). This exclusion also applies to assets.
(s) Payments by the Indian Claims Commission to the Confederated Tribes and
Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation
(Pub. L. 95-433) This exclusion also applies to assets.
(t)
Amounts of student financial assistance funded under Title IV of the Higher
Education Act of 1965j, including awards under federal work-study programs or
under the Bureau of Indian Affairs student assistance programs (20 U.S.C.
1087uu). For Section 8 programs, only, any financial assistance in excess of
amounts received by an individual for tuition and any other required fees and
charges under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or an institution of higher education (as defined under the
Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income if
the individual is over the age of 23 with dependent children (Pub. L. 109–115,
section 327 (as amended)).
(u) Allowances, earnings, and payments to AmeriCorps participants under the
National and Community Service Act of 1990 (42 U.S.C. 12637(d)).
(v) Any amount of crime victim compensation that provides medical or other
assistance (or payment or reimbursement of the cost of such assistance) under the
Victims of Crime Act of 1984 received through a crime victim assistance program,
unless the total amount of assistance that the applicant receives from all such
programs is sufficient to fully compensate the applicant for losses suffered as a
result of the crime (34 U.S.C. 20102(c)).
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(w) Any amounts in an “individual development account” are excluded from assets
and any assistance, benefit, or amounts earned by or provided to the individual
development account are excluded from income, as provided by the Assets for
Independence Act, as amended (42 U.S.C. 604(h)(4)).
(x) Major disaster and emergency assistance received under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and comparable disaster
assistance provided by states, local governments, and disaster assistance
organizations. This exclusion also applies to assets.
(y) Distributions from an ABLE account, distributions from and certain contributions
to an ABLE account established under the ABLE Act of 2014 (Pub. L.
113–295.), as described in Notice PIH 2019–09 or subsequent or superseding
notice is excluded from income and assets.
(z) The amount of any refund (or advance payment with respect to a refundable
credit) issued under the Internal Revenue Code is excluded from income and
assets for a period of 12 months from receipt (26 U.S.C. 6409).
(aa)Assistance received by a household under the Emergency Rental Assistance
Program pursuant to the Consolidated Appropriations Act, 2021 (Pub. L.
116–260, section 501(j)), and the American Rescue Plan Act of 2021.
(ab)Per capita payments made from the proceeds of Indian Tribal Trust Settlements
listed in IRS Notice 2013-1 and 2013-55 must be excluded from annual income
unless the per capita payments exceed the amount of the original Tribal Trust
Settlement proceeds and are made from a Tribe’s private bank account in which
the Tribe has deposited the settlement proceeds. Such amounts received in
excess of the Tribal Trust Settlement are included in the gross income of the
members of the Tribe receiving the per capita payments as described in IRS
Notice 2013-1. The first $2,000 of per capita payments are also excluded from
assets unless the per capita payments exceed the amount of the original Tribal
Trust Settlement proceeds and are made from a Tribe’s private bank account in
which the Tribe has deposited the settlement proceeds (25 U.S.C. 117b(a), 25
U.S.C. 1407).
(ac) Any amounts (i) not actually received by the family, (ii) that would be eligible for
exclusion under 42 U.S.C. 1382b(a)(7), and (iii) received for service-connected
disability under 38 U.S.C. Chapter 11 or dependency and indemnity
compensation under 38 U.S.C. Chapter 13 (25 U.S.C. 4103(9)(C)) as provided
by an amendment by the Indian Veterans Housing Opportunity Act of 2010
(Pub. L. 111–269 section 2) to the definition of income applicable to programs
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under the Native American Housing Assistance and Self-Determination Act
(NAHASDA) (25 U.S.C. 4101 et seq.).
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PART II: ASSETS
6-II.A. OVERVIEW
Annual income includes all actual anticipated income from assets (unless otherwise
excluded by the regulations) even if the asset itself is excluded from net family assets
[Notice PIH 2023-27].
The regulation at 24 CFR 5.603(b)(3) provides a list of items that are excluded from the
calculation of net family assets. Note, unlike previous versions of the regulations, the
current regulations do not list types of assets that are included in annual income.
Instead, HUD relies on the definition of items excluded from assets to provide the scope
of what is included. Exhibit 6-2 provides the regulatory definition of net family assets.
Optional policies for family self-certification of assets are found in Chapter 7. Policies
related to the asset limitation may be found in Chapter 3.
Income from assets is always anticipated, irrespective of the income examination type.
PHA Policy
The PHA generally will use current circumstances to determine both the value of
an asset and the anticipated income from the asset. The PHA will use other than
current circumstances to anticipate income when (1) an imminent change in
circumstances is expected, (2) it is not feasible to anticipate a level of income
over 12 months, or (3) the PHA believes that past income is the best indicator of
anticipated income. For example, if a family member owns real property that
typically receives rental income, but the property is currently vacant, the PHA can
take into consideration past rental income along with the prospects of obtaining a
new tenant.
Any time current circumstances are not used to determine asset income, a clear
rationale for the decision will be documented in the file. In such cases the family
may present information and documentation to the PHA to show why the asset
income determination does not represent the family’s anticipated asset income.
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6-II.B. ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE
[24 CFR 5.603(B)(2)]
PHAs must include the value of any business or family assets disposed of by an
applicant or participant 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 or reexamination, as applicable, in excess of the consideration received for
the asset. An asset moved to a retirement account held by a member of the family is not
considered to be an asset disposed of for less than fair market value [Notice PIH 2023-
27].
The family must certify whether any assets have been disposed of for less than fair
market value in the preceding two years.
Minimum Threshold
The HCV Guidebook permits the PHA to set a threshold below which assets disposed
of for less than fair market value will not be counted [HCV GB, p. 5-27].
PHA Policy
The PHA will not include the value of assets disposed of for less than fair market
value unless the cumulative fair market value of all assets disposed of during the
past two years exceeds the gross amount received for the assets by more than
$1,000.
Separation or Divorce
The regulation also specifies that assets are not considered disposed of for less than
fair market value if they are disposed of as part of a separation or divorce settlement
and the applicant or tenant receives important consideration not measurable in dollar
terms.
PHA Policy
All assets disposed of as part of a separation or divorce settlement will be
considered assets for which important consideration not measurable in monetary
terms has been received. In order to qualify for this exemption, a family member
must be subject to a formal separation or divorce settlement agreement
established through arbitration, mediation, or court order.
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Foreclosure or Bankruptcy
Assets are not considered disposed of for less than fair market value when the
disposition is the result of a foreclosure or bankruptcy sale. Negative equity in real
property or other investments does not prohibit the owner from selling the property or
other investments, so negative equity alone would not justify excluding the property or
other investments from family assets.
Family Declaration
PHA Policy
Families must sign a declaration form at initial certification and each annual
recertification 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. The PHA may verify the value of the assets disposed of if other
information available to the PHA does not appear to agree with the information
reported by the family.
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6-II.C. ASSET INCLUSIONS AND EXCLUSIONS
Necessary and Non-Necessary Personal Property [24 CFR 5.603(b)(3)(i)]
All assets are categorized as either real property (e.g., land, a home) or personal
property.
Personal property includes tangible items, like boats, as well as intangible items, like
bank accounts.
The value of necessary items of personal property is excluded from the calculation of
net family assets. Necessary items of personal property include a car used for
commuting or medical devices.
HUD defines necessary personal property as 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 a reasonable
accommodation for a person with a disability. Necessary personal property does not
include bank accounts, other financial investments, or luxury items. Items of personal
property that do not qualify as necessary personal property are classified as non-
necessary personal property.
The combined value of all non-necessary items of personal property is only included in
annual income when the combined total value exceeds the HUD-published threshold
amount (adjusted annually and published in HUD’s current year Inflation-Adjusted
Values tables). When the combined value of all non-necessary personal property does
not exceed the HUD-published threshold amount, all non-necessary personal property
is excluded from net family assets.
The threshold amount is $50,000 for 2024, and $51,600 for 2025.
While not an exhaustive list, the following table from Notice PIH 2023-27 provides
examples of necessary and non-necessary personal property.
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Necessary Personal Property
Non-Necessary Personal Property
Car(s)/vehicle(s) that a family relies on for
transportation for personal or business
use (e.g., bike, motorcycle, skateboard,
scooter)
Furniture, carpets, linens, kitchenware
Common appliances
Common electronics (e.g., radio,
television, DVD player, gaming system)
Clothing
Personal effects that are not luxury items
(e.g., toys, books)
Wedding and engagement rings
Jewelry used in religious/cultural
celebrations and ceremonies
Religious and cultural items
Medical equipment and supplies
Health care–related supplies
Musical instruments used by the family
Personal computers, phones, tablets, and
related equipment
Professional tools of trade of the family,
for example professional books
Educational materials and equipment
used by the family, including equipment
to accommodate persons with disabilities
Recreational car/vehicle not needed for
day-to-day transportation for personal or
business use (campers, motorhomes,
traveling trailers, all-terrain vehicles
(ATVs))
Bank accounts or other financial
investments (e.g., checking account,
savings account, stocks/bonds)
Recreational boat/watercraft
Expensive jewelry without religious or
cultural value, or which does not hold
family significance
Collectibles (e.g., coins/stamps)
Equipment/machinery that is not used to
generate income for a business
Items such as gems/precious metals,
antique cars, artwork, etc.
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Equipment used for exercising (e.g.,
treadmill, stationary bike, kayak,
paddleboard, ski equipment)
PHA Policy
In determining the value of non-necessary, non-financial personal property, the
PHA will use the family’s estimate of the value. The PHA may obtain an appraisal
if there is reason to believe that the family’s estimated value is off by $50 or
more. The family must cooperate with the appraiser but cannot be charged any
costs related to the appraisal.
Checking and Savings Accounts [Notice PIH 2023-27]
HUD considers bank accounts as non-necessary items of personal property. Whether or
not non-necessary personal property is counted toward net family assets depends on
the combined value of all of the family’s assets.
When the combined value of net family assets is greater than the HUD-published
threshold amount, which is adjusted annually and listed in HUD’s current year
Inflation Adjusted Values tables ($50,000 for 2024, and $51,600 for 2025), checking
and/or savings accounts would be counted toward net family assets.
When the combined value of all non-necessary personal property does not exceed
the HUD-published threshold amount, all non-necessary personal property is
excluded from net family assets. In this case, the value of the family’s checking
and/or savings accounts would not be considered when calculating net family
assets.
However, actual income from checking and savings accounts is always included in a
family’s annual income, regardless of the total value of net family assets or whether the
asset itself is included or excluded from net family assets, unless that income is
specifically excluded.
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ABLE Accounts [24 CFR 5.609(b)(10); Notice PIH 2019-09]
An Achieving a Better Life Experience (ABLE) account is a type of tax-advantaged
savings account that an eligible individual can use to pay for qualified disability
expenses. Section 103 of the ABLE Act mandates that an individual’s ABLE account
(specifically, its account balance, contributions to the account, and distributions from the
account) is excluded when determining the designated beneficiary’s eligibility and
continued occupancy under certain federal means-tested programs. The PHA must
exclude the entire value of the individual’s ABLE account from the household’s assets.
Distributions from the ABLE account are also not considered income. However, all wage
income received, regardless of which account the money is paid to, is included as
income.
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Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money
Market Funds [24 CFR 5.603(b)(1)]
HUD considers financial investments such as stocks and bonds non-necessary items of
personal property. Whether non-necessary personal property is counted toward net
family assets depends on the combined value of all of the family’s assets.
When the combined value of net family assets is greater than the HUD-published
threshold amount, which is adjusted annually and listed in HUD’s Inflation Adjusted
Values tables ($50,000 for 2024, and $51,600 for 2025), financial investments such
as stocks and bonds are considered part of net family assets. In this case, the value
of the family’s investments such as stocks and bonds would be counted toward net
family assets.
When the combined value of all non-necessary personal property does not HUD-
published threshold amount, all non-necessary personal property is excluded from
net family assets. In this case, the value of the family’s financial investments such as
stocks and bonds would not be considered when calculating net family assets.
However, actual income from financial accounts is always included in a family’s annual
income, regardless of the total value of net family assets or whether the asset itself is
included or excluded from net family assets, unless that income is specifically excluded.
When a stock issues dividends in some years but not others (e.g., due to market
performance), the dividend is counted as the actual return when it is issued, but when
no dividend is issued, the actual return is $0. When the stock never issues dividends,
the actual return is $0.
PHA Policy
The PHA will include interest or dividends earned by investment accounts as
actual income from assets even when the earnings are reinvested.
The cash value of such an asset is determined by deducting from the market
value any broker fees, penalties for early withdrawal, or other costs of converting
the asset to cash.
In determining the market value of an investment account, the PHA will use the
value of the account on the most recent investment report.
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Lump-Sum Additions to Net Family Assets [24 CFR 5.609(b)(24(viii); Notice PIH
2023-27]
The regulations exclude income from lump-sum additions to family assets, including
lottery or other contest winnings as a type of nonrecurring income.
In addition, lump sums from insurance payments, settlements for personal or property
losses, and recoveries from civil actions or settlements based on claims 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 becoming a family member with a disability are
excluded from income.
Further, deferred periodic amounts from Supplemental Security Income (SSI) 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 are also
excluded from income.
However, these amounts may count toward net family assets. The PHA must consider
any actual or imputed returns from assets as income at the next applicable income
examination. In the case where the lump sum addition to assets would lead to imputed
income, which is unearned income, that increases the family’s annual adjusted income
by 10 percent or more, then the addition of the lump sum to the family’s assets will
trigger an immediate interim reexamination of income in accordance with Chapter 11.
This reexamination of income must take place as soon as the lump sum is added to the
family’s net family assets unless the addition takes place in the last three months of
family’s income certification period and the PHA chooses not to conduct the
examination.
For a discussion of lump-sum payments that represent the delayed start of a periodic
payment, most of which are counted as income, see sections 6-I.H and 6-I.I.
PHA Policy
Any lump-sum receipts are only counted as assets if they are retained by a family
in a form recognizable as an asset. [RHIIP FAQs]. For example, if the family
receives a $1,000 lump sum for lottery winnings, and the family immediately
spends the entire amount, the lump sum will not be counted toward net family
assets.
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Jointly Owned Assets [Notice PIH 2023-27]
For assets owned jointly by the family and one or more individuals outside of the
assisted family, the PHA must include the total value of the asset in the calculation of
net family assets, unless:
The asset is otherwise excluded;
The family can demonstrate that the asset is inaccessible to them; or
The family cannot dispose of any portion of the asset without the consent of another
owner who refuses to comply.
If the family demonstrates that they can only access a portion of an asset, then only that
portion’s value is included in the calculation of net family assets for the family.
Any income from a jointly owned asset must be included in annual income, unless:
The income is specifically excluded;
The family demonstrates that they do not have access to the income from that asset;
or
The family only has access to a portion of the income from that asset.
If the family demonstrates that they can only access a portion of the income from an
asset, then only that portion’s value is included in the calculation of income from assets.
If an individual is a beneficiary who is entitled to access the account’s funds only upon
the death of the account’s owner, and may not otherwise withdraw funds from an
account, then the account is not an asset to the assisted family, and the family should
provide proper documentation demonstrating that they are only a beneficiary on the
account.
Trusts [24 CFR 5.609(b)(2) and 5.603(b)(4)]
A trust is a legal arrangement generally regulated by state law in which one party (the
creator or grantor) transfers property to a second party (the trustee) who holds the
property for the benefit of one or more third parties (the beneficiaries).
The basis for determining how to treat trusts relies on information about who has access
to either the principal in the account or the income from the account. There are two
types of trusts, revocable and irrevocable.
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When the creator sets up an irrevocable trust, the creator has no access to the funds in
the account. Typically, special needs trusts are considered irrevocable. Irrevocable
trusts not under the control of any member of the family are excluded from net family
assets. The value of the trust continues to be excluded from net family assets, so long
as the fund continues to be held in a trust that is not revocable by, or under the control
of, any member of the family or household [24 CFR 5.603(b)(4)]. Further, where an
irrevocable trust is excluded from net family assets, the PHA must not consider actual
income earned by the trust (e.g., interest earned, rental income if property is held in the
trust) for so long as the income from the trust is not distributed.
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A revocable trust is a trust that the creator of the trust may amend or end (revoke).
When there is a revocable trust, the creator has access to the funds in the trust account.
A revocable trust that is under the control of the family is included in net family
assets when the grantor is a member of the assisted family. If a revocable trust is
included in the calculation of net family assets, then the actual income earned by the
revocable trust is also included in the family’s income. For example, interest earned
or rental income if the property is held in the trust. The PHA must calculate imputed
income on the revocable trust if net family assets are more than the HUD-published
threshold amount, which is adjusted annually and listed in HUD’s Inflation Adjusted
Values tables ($50,000 for 2024, and $51,600 for 2025), and actual income from the
trust cannot be calculated (e.g., if the trust is comprised of farmland that is not in
use).
A revocable trust that is not under the control of the family is excluded from net
family assets. This happens when a member of the assisted family is the beneficiary
of a revocable trust, but the grantor is not a member of the assisted family. In this
case the beneficiary does not “own” the revocable trust, and the value of the trust is
excluded from net family assets. For the revocable trust to be considered excluded
from net family assets, no family or household member may be the account’s
trustee.
For both irrevocable and revocable trusts, if the value of the trust is not considered part
of net family 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.
Life Insurance [FR Notice 2/14/23 and Notice PIH 2023-27]
Net family assets do not include the value of term life insurance, which has no cash
value to the individual before death.
The cash value of a life insurance policy available to a family member before death,
such as a whole life or universal life policy, is included in the calculation of the value of
the family’s assets. The cash value is the surrender value. While the cash value of an
insurance policy is considered an asset, the face value of any policy is not. If such a
policy earns dividends or interest that the family could elect to receive, the amount of
dividends or interest is counted as income from the asset whether or not the family
actually receives it.
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Tax Refunds [24 CFR 5.603(b)(3)(xi) and Notice PIH 2023-27]
All amounts received by a family in the form of federal tax refunds or refundable tax
credits are excluded from a family’s net family assets for a period of 12 months after
receipt by the family.
At the time of an annual or interim reexamination of income, if the federal tax refund
was received during the 12 months preceding the effective date of the reexamination,
then the amount of the refund that was received by the family is subtracted from the
total value of family assets. When the subtraction results in a negative number, then net
family assets are considered $0.
Asset Exclusions [24 CFR 5.603(b)]
The following are excluded from the calculations of net family assets:
The value of any account under a retirement plan recognized as such by the IRS,
including individual retirement arrangements (IRAs), employer retirement plans, and
retirement plans for self-employed individuals [24 CFR 5.603(b)(3)(iii)].
The value of real property that the family does not have the effective legal authority
to sell in the jurisdiction in which the property is located [24 CFR 5.603(b)(3)(iv)].
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Real property as used in this part has the same meaning as that provided under
the law of the state in which the property is located [24 CFR 5.100].
-
Examples of this include but are not limited to co-ownership situations (including
situations where one owner is a victim of domestic violence), where one party
cannot unilaterally sell the real property; property that is tied up in litigation; and
inherited property in dispute [Notice PIH 2023-27].
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 family member being a person with a disability [24 CFR
5.603(b)(3)(v)];
The value of any Coverdell education savings account under section 530 of the
Internal Revenue Code of 1986 [24 CFR 5.603(b)(3)(vi)];
The value of any qualified tuition program under Section 529 of such Code [24 CFR
5.603(b)(3)(vi)];
The value of any “baby bond” account created, authorized, or funded by federal,
state, or local government [24 CFR 5.603(b)(3)(vi)];
Interests in Indian trust land [24 CFR 5.603(b)(3)(vii)];
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Equity in a manufactured home where the family receives assistance under 24 CFR
part 982 [24 CFR 5.603(b)(3)(viii)];
Equity in property under the Homeownership Option for which a family receives
assistance under 24 CFR part 982 [24 CFR 5.603(b)(3)(ix)];
Family Self-Sufficiency accounts [24 CFR 5.603(b)(3)(x)];
Federal tax refunds or refundable tax credits for a period of 12 months after receipt
by the family [24 CFR 5.603(b)(3)(xi)].
The full amount of assets held in an irrevocable trust [Notice PIH 2023-27]; and
The full amount of assets held in a revocable trust where a member of the family is
the beneficiary, but the grantor/owner and trustee of the trust is not a member of the
participant family or household [Notice PIH 2023-27].
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6-II.D. DETERMINING INCOME FROM ASSETS
In some cases, amounts that are excluded from net family assets may be included as
annual income when disbursements are made to a family from an asset. In other cases,
amounts are excluded from annual income as a lump-sum addition to net family assets,
but those funds are then considered a net family asset if held in an account or other
investment that is considered part of net family assets [Notice PIH 2023-27].
Net Family Assets
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 real property,
savings, stocks, bonds, and other forms of capital investment.
PHA Policy
Reasonable costs that would be incurred when disposing of an asset include, but
are not limited to, penalties for premature withdrawal, broker and legal fees, and
settlement costs incurred in real estate transactions such as settlement costs and
transfer taxes [New PH OCC GB, Income Determinations, p. 24].
The calculation of asset income sometimes requires the PHA to make a distinction
between an asset’s market value and its cash value.
The market value of an asset is its worth in the market (e.g., the amount a buyer
would pay for real estate or the total value of an investment account).
The cash value of an asset is its market value less all reasonable amounts that
would be incurred when converting the asset to cash.
The cash value of real property or other assets with negative equity would be
considered $0 for the purposes of calculating net family assets. Negative equity in real
property or other investments does not prohibit the family from selling the property or
other investments, so negative equity alone would not justify excluding the property or
other investments from family assets [Notice PIH 2023-27].
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Actual Income from Assets
Income from assets must be included on the Form HUD-50058 regardless of the
amount of income. Actual income from assets is always included in a family’s annual
income, regardless of the total value of net family assets or whether the asset itself is
included or excluded from net family assets, unless that income is specifically excluded
by 24 CFR 5.609(b).
Income or returns from assets are generally considered to be interest, dividend
payments, and other actual income earned on the asset, and not the increase in market
value of the asset. The increase in market value is relevant to the cash value of the
asset for the purpose of determining total net family assets and imputing income.
The PHA may determine the net assets of a family based on a self-certification by the
family that the net family assets do not exceed the HUD-published threshold amount,
which is adjusted annually and listed in HUD’s Inflation Adjusted Values tables without
taking additional steps to verify the accuracy of the declaration [24 CFR 5.618(b)].
Policies related to verification of assets are found in Chapter 7 of this policy.
The threshold amount is $50,000 for 2024, and $51,600 for 2025.
The PHA may not calculate or include any imputed income from assets when net family
assets are less than or equal to the HUD-published threshold amount [24 CFR
5.609(b)(1)]. The actual income from assets must be included on the Form HUD-50058.
Imputed Income from Assets
When net family assets exceed the HUD-published threshold amount, which is adjusted
annually and listed in HUD’s Inflation Adjusted Values tables, the PHA may not rely on
self-certification. If actual returns can be calculated, the PHA must include actual
income from the asset on the Form HUD-50058 (for example, a savings account or CD
where the rate of return is known). If actual returns cannot be calculated, the PHA must
calculate imputed returns using the HUD-determined passbook rate (for example, real
property or a non-necessary item of personal property such as a recreational boat).
Imputed income is calculated by multiplying the net cash value of the asset, after
deducting reasonable costs that would be incurred in disposing of the asset, by the
HUD-published passbook rate. If the PHA can compute actual income from some but
not all assets, the PHA must compute actual returns where possible and use the
HUD-determined passbook rate for assets where actual income cannot be calculated
[24 CFR 5.609(a)(2)].
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An asset with an actual return of $0 (such as a non-interest-bearing checking account),
is not the same as an asset for which an actual return cannot be computed (such as
non-necessary personal property). If the asset is a financial asset and there is no
income generated (for example, a bank account with a zero percent interest rate or a
stock that does not issue cash dividends), then the asset generates zero actual asset
income, and imputed income is not calculated. When a stock issues dividends in some
years but not others (e.g., due to market performance), the dividend is counted as the
actual return when it is issued, and when no dividend is issued, the actual return is $0.
When the stock never issues dividends, the actual return is consistently $0.
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PART III: ADJUSTED INCOME
6-III.A. INTRODUCTION
Overview
HUD regulations require PHAs to deduct from annual income any of five mandatory
deductions for which a family qualifies and allow the PHA to deduct other permissive
deductions in accordance with PHA policy. The resulting amount is the family’s adjusted
income. Mandatory deductions are found in 24 CFR 5.611.
5.611 Adjusted income means annual income (as determined under § 5.609) of the
members of the family residing or intending to reside in the dwelling unit, after making
the following deductions:
(a) Mandatory deductions
(1) $480 for each dependent (adjusted annually by HUD, rounded to the next lowest
multiple of $25);
(2) $525 for any elderly family or disabled family (adjusted annually by HUD, rounded to
the next lowest multiple of $25);
(3) The sum of the following, to the extent the sum exceeds ten percent of annual
income:
(i) Unreimbursed health and medical care expenses of any elderly family or disabled
family;
(ii) Unreimbursed reasonable attendant care and auxiliary apparatus expenses for each
member of the family who is a person with disabilities, to the extent necessary to enable
any member of the family (including the member who is a person with disabilities) to be
employed; and
(4) Any reasonable childcare expenses necessary to enable a member of the family to
be employed or to further his or her education.
This part covers policies related to these mandatory deductions. Verification
requirements related to these deductions are found in Chapter 7.
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Anticipating Expenses
PHA Policy
Generally, the PHA will use current circumstances to anticipate expenses. When
possible, for costs that are expected to fluctuate during the year (e.g., childcare
during school and non-school periods and cyclical medical expenses), the PHA
will estimate costs based on historic data and known future costs.
If a family has an accumulated debt for medical or disability assistance
expenses, the PHA will include as an eligible expense the portion of the debt that
the family expects to pay during the period for which the income determination is
being made. However, amounts previously deducted will not be allowed even if
the amounts were not paid as expected in a preceding period. The PHA may
require the family to provide documentation of payments made in the preceding
year.
When calculating health and medical care expenses, the PHA will include those
expenses anticipated to be incurred during the 12 months following the
certification date which are not covered by an outside source, such as insurance.
The allowance is not intended to give a family an allowance equal to last year’s
expenses, but to anticipate regular ongoing and anticipated expenses during the
coming year. Since these expenses are anticipated, the PH Occupancy
Guidebook states “it is likely that actual expenses will not match what was
anticipated. Typically, this would not be considered an underpayment as long as
at the time of the annual reexamination, the expenses were calculated based on
the appropriate verification” [New PH OCC GB, Income Determinations, p. 30].
For annual reexaminations, the PHA will use information for the previous 12-
month period.
6-III.B. DEPENDENT DEDUCTION
An allowance of $480 is deducted from annual income for each dependent (which
amount will be adjusted by HUD annually in accordance with the Consumer Price Index
for Urban Wage Earners and Clerical Workers, rounded to the next lowest multiple of
$25) [24 CFR 5.611(a)(1)]. Dependent is defined as any family member other than the
head, spouse, or cohead who is under the age of 18 or who is 18 or older and is a
person with disabilities or a full-time student. Foster children, foster adults, and live-in
aides are never considered dependents [24 CFR 5.603(b)].
6-III.C. ELDERLY OR DISABLED FAMILY DEDUCTION
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A single deduction of $525 is taken for any elderly or disabled family (which amount will
be adjusted by HUD annually in accordance with the Consumer Price Index for Urban
Wage Earners and Clerical Workers, rounded to the next lowest multiple of $25) [24
CFR 5.611(a)(2)].
An elderly family is a family whose head, spouse, cohead, or sole member is 62 years
of age or older, and a disabled family is a family whose head, spouse, cohead, or sole
member is a person with disabilities [24 CFR 5.403].
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6-III.D. HEALTH AND MEDICAL CARE EXPENSES DEDUCTION [24 CFR 5.611(A)(3)(I) AND
5.603(B)]
Unreimbursed health and medical care expenses may be deducted to the extent that, in
combination with any disability assistance expenses, they exceed ten percent of annual
income.
This deduction is permitted only for families in which the head, spouse, or cohead is at
least 62 or is a person with disabilities. If a family is eligible for a health and medical
care expense deduction, the unreimbursed health and medical care expenses of all
family members are included. The PHA calculates health and medical care expenses
based on the family’s past expenses, but accounting for any anticipated changes in
expenses during the certification period.
Definition of Medical Expenses
HUD regulations define health and medical care expenses at 24 CFR 5.603(b) to mean
“any costs incurred in 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.”
Health and medical care expenses may be deducted from annual income only if they
are eligible under this definition and not otherwise reimbursed.
Although HUD revised the definition of health and medical care expenses to reflect the
Internal Revenue Service (IRS) general definition of medical expenses, HUD is not
permitting PHAs to specifically align their policies to IRS Publication 502. PHAs must
review each expense to determine whether it is eligible in accordance with HUD’s
definition.
While PHA policies may not specifically align with IRS Publication 502, HUD
recommends PHAs use it as a standard for determining allowable expenses, and the
PHA may list examples of allowable expenses in their policy provided they comply with
HUD’s definition at 24 CFR 5.603. The PHA may not define health and medical care
expenses more narrowly than the regulation.
PHA Policy
The PHA will use the most current IRS Publication 502 as a standard for
determining if expenses claimed by eligible families qualify as health and medical
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care expenses. However, under no circumstances will the PHA deduct any
expenses listed in IRS Publication 502 that do not conform with HUD’s definition
of health and medical care expenses.
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Summary of Typical Allowable Health and Medical Care Expenses
Services of medical professionals
Surgery and medical procedures that
are necessary, legal, and non-
cosmetic
Services of medical facilities
Hospitalization, long-term care, and
in-home nursing services
Prescription medicines and insulin,
but not nonprescription medicines
even if recommended by a doctor
Improvements to housing directly
related to medical needs (e.g., ramps
for a wheelchair, handrails)
Medical insurance premiums or the
cost of a health maintenance
organization (HMO)
Medicare Part B and Part D
premiums
Substance abuse treatment
programs
Psychiatric treatment
Ambulance services and some costs
of transportation related to medical
expenses. The PHA will use the
most current medical mileage rate
listed in IRS Publication 502.
The cost and care of necessary
equipment related to a medical
condition (e.g., eyeglasses/lenses,
hearing aids, crutches, and artificial
teeth)
The costs of buying, training, and
maintaining a guide dog or other
service animal to assist a visually
impaired or hearing disabled person,
or a person with other physical
disabilities. In general, this includes
any costs, such as food, grooming,
and veterinary care, incurred in
maintaining the health and vitality of
the service animal so that it may
perform its duties.
Note: This chart provides a summary of eligible health and medical care
expenses only. In all cases, the PHA will consider whether health and
medical expenses care expenses claimed by the family are eligible under
HUD’s definition.
Families That Qualify for Both Health and Medical and Disability Assistance
Expenses
PHA Policy
This policy applies only to families in which the head, spouse, or cohead is 62 or
older or is a person with disabilities.
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When expenses anticipated by a family could be defined as either a health and
medical care or disability assistance expenses, the PHA will consider them
health and medical care expenses unless it is clear that the expenses are
incurred exclusively to enable a person with disabilities to work.
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6-III.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(B) AND
24 CFR 5.611(A)(3)(II)]
Unreimbursed reasonable expenses for attendant care and auxiliary apparatus for each
member of the family who is a person with disabilities may be deducted if they: (1) are
necessary to enable a family member 18 years or older to work, (2) are not paid to a
family member or reimbursed by an outside source, (3) in combination with any medical
expenses, exceed ten percent of annual income, and (4) do not exceed the earned
income received by the family member who is enabled to work.
Earned Income Limit on the Disability Assistance Expense Deduction
A family can qualify for the disability assistance expense deduction only if at least one
family member (who may be the person with disabilities) is enabled to work [24 CFR
5.603(b)].
The disability expense deduction is capped by the amount of “earned income received
by family members who are 18 years of age or older and who are able to work” because
of the expense [24 CFR 5.611(a)(3)(ii)]. The earned income used for this purpose is the
amount verified before any earned income disallowances or income exclusions are
applied.
PHA Policy
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 PHA 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 PHA determines that the disability assistance expenses enable more
than one family member to work, the expenses will be capped by the sum of the
family members’ incomes.
Eligible Auxiliary Apparatus [Notice PIH 2023-27]
Auxiliary apparatus items may include expenses for wheelchairs, ramps, adaptations to
vehicles, guide dogs, assistance animals, or special equipment to enable a person who
is blind or has low vision to read or type or special equipment to assist a person who is
deaf or hard of hearing.
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Eligible Attendant Care [Notice PIH 2023-27]
Examples of attendant care expenses can include teaching a person with disabilities
how to perform day-to-day tasks independently like cleaning, bathing, doing laundry,
and cooking. Attendant care can be 24-hour care, or care during sporadic periods
throughout the day. The family determines the type of attendant care that is appropriate
for the person with disabilities.
PHA Policy
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 PHA will
prorate the cost and allow only that portion of the expenses attributable to
attendant care that enables a family member to work. For example, if the care
provider also cares for a child who is not the person with disabilities, the cost of
care must be prorated. 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.
Payments to Family Members
No disability assistance expenses may be deducted for payments to a member of an
assisted family [24 CFR 5.603(b)]. However, expenses paid to a relative who is not a
member of the assisted family may be deducted if they are not reimbursed by an
outside source.
Necessary and Reasonable Expenses
The family determines the type of care or auxiliary apparatus to be provided and must
describe how the expenses enable a family member to work. The family must certify
that the disability assistance expenses are necessary and are not paid or reimbursed by
any other source.
PHA Policy
The PHA determines the reasonableness of the expenses based on typical costs
of care or apparatus in the locality. To establish typical costs, the PHA will collect
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information from organizations that provide services and support to persons with
disabilities. A family may present, and the PHA will consider, the family’s
justification for costs that exceed typical costs in the area.
Families That Qualify for Both Health and Medical and Disability Assistance
Expenses
PHA Policy
This policy applies only to families in which the head or spouse is 62 or older or
is a person with disabilities.
When expenses anticipated by a family could be defined as either health and
medical care or disability assistance expenses, the PHA will consider them
health and medical care expenses unless it is clear that the expenses are
incurred exclusively to enable a person with disabilities to work.
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6-III.F. CHILDCARE EXPENSE DEDUCTION
HUD defines childcare expenses at 24 CFR 5.603(b) as “amounts anticipated to be paid
by the family for the care of children under 13 years of age (age 12 and younger)
(including foster children) during the period for which annual income is computed, but
only where such care is necessary to enable a family member to actively seek
employment, be gainfully employed, or to further his or her education and only to the
extent such amounts are not reimbursed. The amount deducted shall reflect reasonable
charges for childcare. In the case of childcare necessary to permit employment, the
amount deducted shall not exceed the amount of employment income that is included in
annual income.”
Clarifying the Meaning of Child for This Deduction
Childcare expenses do not include child support payments made to another on behalf of
a minor who is not living in an assisted family’s household [VG, p. 26]. However,
childcare expenses for foster children that are living in the assisted family’s household
are included when determining the family’s childcare expenses [HCV GB, p. 5-29].
Qualifying for the Deduction
Determining Who Is Enabled to Pursue an Eligible Activity
PHA Policy
The family must identify the family member(s) enabled to pursue an eligible
activity. The term eligible activity in this section means any of the activities that
may make the family eligible for a childcare deduction (seeking work, pursuing an
education, or being gainfully employed).
In evaluating the family’s request, the PHA will consider factors such as how the
schedule for the claimed activity relates to the hours of care provided, the time
required for transportation, the relationship of the family member(s) to the child,
and any special needs of the child that might help determine which family
member is enabled to pursue an eligible activity.
Seeking Work
PHA Policy
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
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obtain employment at each reexamination. 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 PHA.
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Furthering Education
PHA Policy
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 participating in a formal training program. 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.
Being Gainfully Employed
PHA Policy
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.
Earned Income Limit on Childcare Expense Deduction
When a family member looks for work or furthers their education, there is no cap on the
amount that may be deducted for childcare – although the care must still be necessary
and reasonable. However, when childcare enables a family member to work, the
deduction is capped by “the amount of employment income that is included in annual
income” [24 CFR 5.603(b)].
The earned income used for this purpose is the amount of earned income verified after
any earned income disallowances or income exclusions are applied.
The PHA must not limit the deduction to the least expensive type of childcare. If the
care allows the family to pursue more than one eligible activity, including work, the cap
is calculated in proportion to the amount of time spent working [HCV GB, p. 5-30].
PHA Policy
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 PHA
generally will limit allowable childcare expenses to the earned income of the
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lowest-paid member. The family may provide information that supports a request
to designate another family member as the person enabled to work.
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Eligible Childcare Expenses
The type of care to be provided is determined by the assisted family. The PHA may not
refuse to give a family the childcare expense deduction because there is an adult family
member in the household that may be available to provide childcare [VG, p. 26].
Allowable Childcare Activities
PHA Policy
For school-age children, costs attributable to public or private school activities
during standard school hours are not considered. 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.
Likewise, 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 PHA will prorate the costs and allow only that portion of the
expenses that is attributable to childcare for eligible activities. For example, if the
care provider also cares for a child with disabilities who is 13 or older, the cost of
care will be prorated. 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.
Necessary and Reasonable Costs
Childcare expenses will be considered necessary if: (1) a family adequately explains
how the care enables a family member to work, actively seek employment, or further
their education, and (2) the family certifies, and the childcare provider verifies, that the
expenses are not paid or reimbursed by any other source.
PHA Policy
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.
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To establish the reasonableness of childcare costs, the PHA will use the
schedule of childcare costs from a qualified local entity that either subsidizes
childcare costs or licenses childcare providers. Families may present, and the
PHA will consider, justification for costs that exceed typical costs in the area.
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6-III.G. HARDSHIP EXEMPTIONS [24 CFR 5.611(C), (D), AND (E)]
Health and Medical Care and Disability Assistance Expenses [24 CFR 5.611(c);
Notice PIH 2023-27]
The regulations provide for two types of hardship exemption categories for families that
qualify for unreimbursed health and medical care expenses and/or disability assistance
expenses. A family will benefit from this hardship exemption only if the family has
eligible expenses that can be deducted in excess of five percent of annual income. In
order to claim unreimbursed health and medical care expenses, the family must have a
head, cohead, or spouse that is elderly or a person with a disability. In order to claim
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.
Families may be eligible for relief under one of two categories; phased-in relief or
general relief, as defined below.
Phased-In Relief
The first category is applicable to all families who received a deduction for
unreimbursed health and medical care and/or reasonable attendant care or auxiliary
apparatus expenses based on their most recent income review prior to January 1, 2024.
The family must receive phased-in relief if they are determined to be eligible. These
families will begin receiving a 24-month phased-in relief at their next annual or interim
reexamination, whichever occurs first, after the date on which the PHA implements
phased-in relief.
For these families, the threshold amount is phased-in as follows:
The family is eligible for a deduction totaling the sum of expenses that exceeds 5
percent of annual income for the first 12 months.
At the conclusion of 12 months, the family is eligible for a deduction totaling the sum
of their expenses that exceed 7.5 percent of annual income for another 12 months.
At the conclusion of 24 months, the standard threshold amount of 10 percent would
be used, unless the family qualifies for relief under the general hardship relief
category.
When an eligible family’s phased-in relief begins at an interim reexamination, the PHA
must process another transaction (either an interim reexamination or non-interim
transaction, as applicable) one year later to move the family to the next phase.
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Prior to the end of the 24-month period, the family may request a hardship exemption
under the second category as described below. If the family is found eligible under the
second category, the hardship exemption under the first category ends, and the family’s
hardship is administered in accordance with the requirements listed below. Once a
family requests general relief, the family may no longer receive phased-in relief.
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PHAs must track the 24-month phase-period for each eligible family, even if a family’s
expenses go below the appropriate phase-in percentage, during the first or second 12-
month phase-in period. The phase-in must continue for families who move to another
housing unit at the same PHA. When the family is treated as a new admission under a
different property/program (e.g., the family moves from public housing to the HCV
program), unless the PHA has a written policy to continue the phased-in relief upon
admission, the family’s expense deduction will be calculated using the 10-percent
threshold unless request for general relief is approved by the PHA. When a family
moves with continued assistance or ports to a new PHA, the family must continue to
receive the phased-in relief. The family must receive the remaining calendar months of
the percentage phase-in. The PHA must use the existing phase-in documentation to
determine the remaining calendar months and the percentage phase-in.
PHA Policy
The PHA will not continue the phased-in relief for families who move from public
housing to HCV. These families will be treated as new admissions and the sum
of expenses that exceeds 10 percent of annual income will be used to calculate
their adjusted income.
General Relief
The second category is for families that can demonstrate:
Their health and medical and/or disability assistance expenses increased (other than
the transition to the higher threshold); or
The family’s financial hardship is a result of a change in circumstances (as defined in
PHA policy) that would not otherwise trigger an interim reexamination.
The family may request a hardship exemption under the second category regardless of
whether the family previously received the health and medical and/or disability
assistance deductions or are currently or were previously receiving relief under the
phased-in relief category above. HUD requires that PHAs develop policies defining what
constitutes a hardship for purposes of this exemption.
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The PHA must obtain third-party verification of the hardship or must document in the file
the reason third-party verification was not available. PHAs must attempt to obtain third-
party verification prior to the end of the 90-day hardship exemption period.
PHA Policy
To qualify for a hardship exemption, a family must submit a request in writing.
The request must show that the family’s health and medical and/or disability
assistance expenses have increased (other than the transition to the higher
threshold) and that the family’s financial hardship is a result of a change in
circumstances. The PHA defines a change in circumstances as a decrease in
income or increase in other expenses that has resulted in the family’s financial
hardship but does not, on its own, trigger an interim reexamination in accordance
with PHA policies.
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 PHA.
The family must provide third-party verification of the hardship with the request. If
third-party verification is not available, the PHA will document the file with the
reason and will attempt to obtain third-party verification prior to the end of the 90-
day hardship exemption period.
The PHA must promptly notify the family in writing of the change in the determination of
adjusted income and the family’s rent resulting from hardship exemptions. The notice
must inform the family of when the hardship exemption will begin and expire [24 CFR
5.611(e)(2)].
PHA Policy
The PHA will make a determination of whether the family qualifies within 30
calendar days and will notify the family in writing of the result within 10 business
days of the determination.
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If the PHA denies the hardship exemption request, the PHA notice will
also state that if the family does not agree with the PHA determination, the
family may request a hearing.
If the family qualifies for an exemption, the PHA will include the date the
hardship exemption will begin and the date it will expire as well as
information on how to request a 90-day extension based on family
circumstances.
If the family qualifies, the family will receive a deduction for the sum of eligible expenses
that exceed five percent of annual income.
The family’s hardship relief ends when the circumstances that made the family eligible
for the relief are no longer applicable or after 90 days, whichever is earlier. However,
the PHA may, at its discretion, extend the relief for one or more additional 90-day
periods while the family’s hardship condition continues. PHAs are not limited to a
maximum number of 90-day extensions.
PHAs must establish written policies regarding the types of circumstances that will allow
a family to qualify for a financial hardship and when such deductions may be eligible for
additional 90-day extensions. PHAs must develop policies requiring families to report if
the circumstances that made the family eligible for the hardship exemption are no
longer applicable.
PHA Policy
The family may request an extension either orally or in writing prior to the end of
the hardship exemption period. The PHA will extend relief for an additional 90-
days if the family demonstrates to the PHA’s satisfaction that the family continues
to qualify for the hardship exemption based on circumstances described above.
The PHA will require updated verification based on the family’s current
circumstances. Additional extension(s) may be granted on a case-by-case basis
provided the family continues to request extensions prior to the end of each
hardship exemption period. Families must report if the circumstances that made
the family eligible for the hardship exemption are no longer applicable. At any
time, the PHA may terminate the hardship exemption if the PHA determines that
the family no longer qualifies for the exemption.
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Childcare Expense Hardship Exemption [24 CFR 5.611(d) and Notice PIH 2023-27]
A family whose eligibility for the childcare expense deduction is ending may request a
financial hardship exemption to continue receiving the deduction. If the family
demonstrates to the PHA’s satisfaction that the family is unable to pay their rent
because of the loss of the childcare expense deduction, and that the childcare expense
is still necessary even though the family member is not working, looking for work, or
seeking to further their education, the PHA must recalculate the family’s adjusted
income and continue the childcare deduction.
The PHA must develop a policy to define what constitutes a hardship, which includes
the family’s inability to pay rent. The PHA must obtain third-party verification of the
hardship or must document in the file the reason third-party verification was not
available. PHAs must attempt to obtain third-party verification prior to the end of the 90-
day hardship exemption period.
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PHA Policy
For a family to qualify, they must demonstrate that their inability to pay rent would
be as a result of the loss of this deduction. The PHA defines this hardship as a
potential decrease in income or increase in other expenses that would result from
the loss of the childcare expense and such loss would impact the family’s ability
to pay their rent.
Some factors to consider when determining if the family is unable to pay rent
may include determining that the rent, utility payment, and applicable expenses
(childcare expenses or health and medical expenses) are more than 40 percent
of the family’s adjusted income, or verifying whether the family has experienced
unanticipated expenses, such as large medical bills, that have affected their
ability to pay their rent.
The family must also demonstrate that the childcare expense is still necessary
even though the family member is no longer employed or furthering their
education. The PHA will consider qualification under this criterion on a case-by
case basis (for example, if the family member who was employed has left their
job in order to provide uncompensated care to an elderly friend or family member
who is severely ill and lives across town).
The family must provide third-party verification of the hardship with the request. If
third-party verification is not available, the PHA will document the file with the
reason and will attempt to obtain third-party verification prior to the end of the 90-
day hardship exemption period.
The PHA must promptly notify the family in writing of the change in the determination of
adjusted income and the family’s rent resulting from hardship exemptions.
If the PHA denies the request, the notice must specifically state the reason for the
denial. PHAs must provide families 30 days’ notice of any increase in rent.
If the PHA approves the request, the notice must inform the family of when the hardship
exemption will begin and expire [24 CFR 5.611(e)(2)]. The notice must also state the
requirement for the family to report to the PHA if the circumstances that made the family
eligible for relief are no longer applicable and that the family’s adjusted income and
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tenant rent will be recalculated upon expiration of the hardship exemption [Notice PIH
2023-27].
PHA Policy
The PHA will make a determination of whether the family qualifies within 30
calendar days and will notify the family in writing of the result within 10 business
days of the determination.
If the PHA denies the hardship exemption request, the PHA notice will
also state that if the family does not agree with the PHA determination, the
family may request an informal hearing.
If the family qualifies for an exemption, the PHA will include all required
information listed above as well as information on how to request a 90-day
extension based on family circumstances.
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If the family qualifies, the hardship exemption and the resulting alternative adjusted
income calculation must remain in place for a period of up to 90 days.
The PHA may, at its discretion, extend the hardship exemptions for additional 90-day
periods based on family circumstances and as stated in PHA policies. PHAs are not
limited to a maximum number of 90-day extensions. PHAs must develop policies
requiring families to report if the circumstances that made the family eligible for the
hardship exemption are no longer applicable.
PHAs must promptly notify families in writing if they are denied either an initial hardship
exemption or an additional 90-day extension of the exemption. If the PHA denies the
request, the notice must specifically state the reason for the denial.
PHAs must notify the family if the hardship exemption is no longer necessary and the
hardship exemption will be terminated because the circumstances that made the family
eligible for the exemption are no longer applicable. The notice must state the
termination date and provide 30 days’ notice of rent increase, if applicable.
PHA Policy
The family may request an extension either orally or in writing prior to the end of
the hardship exemption period. The PHA will extend relief for an additional 90-
days if the family demonstrates to the PHA’s satisfaction that the family continues
to qualify for the hardship exemption. The PHA will require updated verification
based on the family’s current circumstances. Additional extensions may be
granted on a case-by-case basis provided the family continues to request
extensions prior to the end of each hardship exemption period. Families must
report if the circumstances that made the family eligible for the hardship
exemption are no longer applicable. At any time, the PHA may terminate the
hardship exemption if the PHA determines that the family no longer qualifies for
the exemption.
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6-III.H. PERMISSIVE DEDUCTIONS [24 CFR 5.611(B)(1)(II)]
The PHA may adopt additional permissive deductions from annual income if they
establish a policy in the administrative plan. Permissive deductions are additional,
optional deductions that may be applied to annual income. As with mandatory
deductions, permissive deductions must be based on need or family circumstance and
deductions must be designed to encourage self-sufficiency or other economic purpose.
If the PHA offers permissive deductions, they must be granted to all families that qualify
for them and should complement existing income exclusions and deductions [PH Occ
GB, p. 128]. Permissive deductions may be used to incentivize or encourage self-
sufficiency and economic mobility.
A PHA that adopts such deductions must have sufficient funding to cover the increased
housing assistance payment cost of the deductions. A PHA will not be eligible for an
increase in HCV renewal funding for subsidy costs resulting from such deductions.
PHA Policy
The PHA has opted not to use permissive deductions.
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PART IV: CALCULATING FAMILY SHARE AND PHA SUBSIDY
6-IV.A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS
TTP Formula [24 CFR 5.628]
HUD regulations specify the formula for calculating the total tenant payment (TTP) for
an assisted family. TTP is the highest of the following amounts, rounded to the nearest
dollar:
30 percent of the family’s monthly adjusted income (adjusted income is defined in
Part II)
10 percent of the family’s monthly gross income (annual income, as defined in Part I,
divided by 12)
The welfare rent (in as-paid states only)
A minimum rent between $0 and $50 that is established by the PHA
The PHA has authority to suspend and exempt families from minimum rent when a
financial hardship exists, as defined in section 6-IV.B.
The amount that a family pays for rent and utilities (the family share) will never be less
than the family’s TTP but may be greater than the TTP depending on the rent charged
for the unit the family selects.
Welfare Rent [24 CFR 5.628]
PHA Policy
Welfare rent does not apply in this locality.
Minimum Rent [24 CFR 5.630]
PHA Policy
The minimum rent for this locality is $0.
Family Share [24 CFR 982.305(a)(5)]
If a family chooses a unit with a gross rent (rent to owner plus an allowance for tenant-
paid utilities) that exceeds the PHA’s applicable payment standard: (1) the family will
pay more than the TTP, and (2) at initial occupancy the PHA may not approve the
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tenancy if it would require the family share to exceed 40 percent of the family’s monthly
adjusted income. (For a discussion of the application of payment standards, see
section 6-IV.C.)
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PHA Subsidy [24 CFR 982.505(b)]
The PHA will pay a monthly housing assistance payment (HAP) for a family that is equal
to the lower of (1) the applicable payment standard for the family minus the family’s TTP
or (2) the gross rent for the family’s unit minus the TTP. (For a discussion of the
application of payment standards, see section 6-IV.C.)
Utility Reimbursement [24 CFR 982.514(b); 982.514(c)]
When the PHA subsidy for a family exceeds the rent to owner, the family is due a utility
reimbursement. HUD permits the PHA to pay the reimbursement to the family or directly
to the utility provider.
PHA Policy
The PHA will make utility reimbursements to the family.
The PHA may make all utility reimbursement payments to qualifying families on a
monthly basis or may make quarterly payments when the monthly reimbursement
amount is $15.00 or less. Reimbursements must be made once per calendar-year
quarter and must be prorated if the family leaves the program in advance of its next
quarterly reimbursement. The PHA must also adopt hardship policies for families for
whom receiving quarterly reimbursement would create a financial hardship.
PHA Policy
The PHA will issue all utility reimbursements monthly.
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6-IV.B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.630]
PHA Policy
The financial hardship rules described below do not apply in this jurisdiction
because the PHA has established a minimum rent of $0.
Overview
If the PHA establishes a minimum rent greater than zero, the PHA must grant an
exemption from the minimum rent if a family is unable to pay the minimum rent because
of financial hardship.
The financial hardship exemption applies only to families required to pay the minimum
rent. If a family’s TTP is higher than the minimum rent, the family is not eligible for a
hardship exemption. If the PHA determines that a hardship exists, the family share is
the highest of the remaining components of the family’s calculated TTP.
HUD-Defined Financial Hardship
Financial hardship includes the following situations:
(1) The family has lost eligibility for or is awaiting an eligibility determination for a
federal, state, or local assistance program. This includes a family member who is a
noncitizen lawfully admitted for permanent residence under the Immigration and
Nationality Act who would be entitled to public benefits but for Title IV of the
Personal Responsibility and Work Opportunity Act of 1996.
PHA Policy
A hardship will be considered to exist only if the loss of eligibility has 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.
(2) The family would be evicted because it is unable to pay the minimum rent.
PHA Policy
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For a family to qualify under this provision, the cause of the potential eviction
must be the family’s failure to pay rent to the owner or tenant-paid utilities.
(3) Family income has decreased because of changed family circumstances, including
the loss of employment.
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(4) A death has occurred in the family.
PHA Policy
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).
(5) The family has experienced other circumstances determined by the PHA.
PHA Policy
The PHA has not established any additional hardship criteria.
Implementation of Hardship Exemption
Determination of Hardship
When a family requests a financial hardship exemption, the PHA must suspend the
minimum rent requirement beginning the first of the month following the family’s
request.
The PHA then determines whether the financial hardship exists and whether the
hardship is temporary or long-term.
PHA Policy
The PHA defines temporary hardship as a hardship expected to last 90 days or
less. Long-term hardship is defined as a hardship expected to last more than 90
days.
When the minimum rent is suspended, the family share reverts to the highest of the
remaining components of the calculated TTP. The example below demonstrates the
effect of the minimum rent exemption.
Example: Impact of Minimum Rent Exemption
Assume the PHA has established a minimum rent of $50.
Family Share – No Hardship
Family Share – With Hardship
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$0
$15
N/A
$50
30% of monthly adjusted
income
10% of monthly gross income
Welfare rent
Minimum rent
$0
$15
N/A
$50
30% of monthly adjusted
income
10% of monthly gross income
Welfare rent
Minimum rent
Minimum rent applies.
TTP = $50
Hardship exemption granted.
TTP = $15
PHA Policy
To qualify for a hardship exemption, a family must submit a request for a
hardship exemption in writing. The request must explain the nature of the
hardship and how the hardship has affected the family’s ability to pay the
minimum rent.
The PHA will make the determination of hardship within 30 calendar days.
No Financial Hardship
If the PHA determines there is no financial hardship, the PHA will reinstate the minimum
rent and require the family to repay the amounts suspended.
PHA Policy
The PHA will require the family to repay the suspended amount within 30
calendar days of the PHA’s notice that a hardship exemption has not been
granted.
Temporary Hardship
If the PHA determines that a qualifying financial hardship is temporary, the PHA must
suspend the minimum rent for the 90-day period beginning the first of the month
following the date of the family’s request for a hardship exemption.
At the end of the 90-day suspension period, the family must resume payment of the
minimum rent and must repay the PHA the amounts suspended. HUD requires the PHA
to offer a reasonable repayment agreement, on terms and conditions established by the
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PHA. The PHA also may determine that circumstances have changed and the hardship
is now a long-term hardship.
PHA Policy
The PHA will enter into a repayment agreement in accordance with the
procedures found in Chapter 16 of this plan.
Long-Term Hardship
If the PHA determines that the financial hardship is long-term, the PHA must exempt the
family from the minimum rent requirement for so long as the hardship continues. The
exemption will apply from the first of the month following the family’s request until the
end of the qualifying hardship. When the financial hardship has been determined to be
long-term, the family is not required to repay the minimum rent.
PHA Policy
The hardship period ends when any of the following circumstances apply:
(1) At an interim or annual reexamination, the family’s calculated TTP is greater
than the minimum rent.
(2) 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 example, if a hardship is approved
because a family no longer receives a $60/month child support payment, the
hardship will continue to exist until the family receives at least $60/month in
income from another source or once again begins to receive the child
support.
(3) 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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6-IV.C. APPLYING PAYMENT STANDARDS [24 CFR 982.505(C) AND NOTICE PIH 2024-34]
Overview
The PHA’s schedule of payment standards is used to calculate housing assistance
payments for HCV families. This section covers the application of the PHA’s payment
standards. The establishment and revision of the PHA’s payment standard schedule are
covered in Chapter 16.
Payment standard is defined as “the maximum monthly assistance payment for a family
assisted in the voucher program (before deducting the total tenant payment by the
family)” [24 CFR 982.4(b)].
The payment standard for a family is the lower of (1) the payment standard for the
family unit size, which is defined as the appropriate number of bedrooms for the family
under the PHA’s subsidy standards [24 CFR 982.4(b)], or (2) the payment standard for
the size of the dwelling unit rented by the family [24 CFR 982.505(c)(1)].
If the PHA has established an exception payment standard for a designated part of a an
FMR area in accordance with 24 CFR 982.503 and a family’s unit is located in the
designated area, the PHA must use the appropriate payment standard for the exception
area [24 CFR 982.505(c)(2)].
The PHA is required to pay a monthly housing assistance payment (HAP) for a family
that is the lower of (1) the payment standard for the family minus the family’s TTP or (2)
the gross rent for the family’s unit minus the TTP.
If during the term of the HAP contract for a family’s unit, the owner lowers the rent, the
PHA will recalculate the HAP using the lower of the initial payment standard or the
gross rent for the unit [HCV GB, p. 7-8].
Changes in Payment Standards
When the PHA revises its payment standards during the term of the HAP contract for a
family’s unit, it will apply the new payment standards in accordance with HUD
regulations. Regulations governing increases and decreases in the payment standard
have changed, with a required compliance date of December 3, 2024.
Decreases [24 CFR 982.505(c)(3) and Notice PIH 2024-34]
For new HAP contracts, the PHA applies the payment standard in effect at the time of
HAP contract execution.
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The PHA must administer decreases in the payment standard amount for the family in
accordance with the PHA policy as described in the administrative plan and apply the
policy consistently to all families.
If a PHA changes its payment standard schedule, resulting in a lower payment standard
amount, during the term of a HAP contract, the PHA is not required to reduce the
payment standard used to calculate subsidy for families under HAP contract as long as
the HAP contract remains in effect. The PHA must administer decreases in the payment
standard amount for the family in accordance with the PHA policy as described in the
administrative plan.
Changes effective 12/2/24 and earlier: If the PHA does choose to reduce the payment
standard for families currently under HAP contract, the initial reduction to the payment
standard may not be applied any earlier than the effective date of the family’s second
regular reexamination following the effective date of the decrease in the payment
standard amount.
Changes effective 12/3/24 and later: If the PHA does choose to reduce the payment
standard for families currently under HAP contract, the initial reduction to the payment
standard may not be applied any earlier than two years following the effective date of
the decrease in the payment standard and only with proper written notice to the family in
accordance with 24 CFR 982.505(c)(3)(iii).
At that point, the PHA may either reduce the payment standard to the current amount in
effect on the PHA’s payment standard schedule or may reduce the payment standard to
another amount that is higher than the normally applicable amount on the schedule. The
PHA may also establish different policies for designated areas within their jurisdiction
(e.g., different zip code areas). In any case, the PHA must provide the family with at
least 12 months’ notice that the payment standard is being reduced before the effective
date of the change. In the written notice, the PHA must state the new payment standard
amount, explain that the family’s new payment standard amount will be the greater of
the amount listed in the current written notice or the new amount (if any) on the PHA’s
payment standard schedule at the end of the 12-month period, and make clear where
the family will find the PHA’s payment standard schedule. The PHA’s policy on
decreases in the payment standard during the term of the HAP contract apply to all
families under HAP contract at the time of the effective date of the decrease in the
payment standard within the designated area.
PHA Policy
If a PHA changes its payment standard schedule resulting in a lower payment
standard amount, during the term of a HAP contract, the PHA will not reduce the
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payment standard used to calculate subsidy for families under HAP contract as
long as the HAP contract remains in effect.
The PHA will not establish different policies for decreases in the payment
standard for designated areas within their jurisdiction.
Increases [24 CFR 982.505(c)(4) and Notice PIH 2024-34]
For new HAP contracts, the PHA applies the payment standard in effect at the time of
HAP contract execution.
Changes effective 12/2/24 and earlier: If the payment standard is increased during the
term of the HAP contract, the increased payment standard will be used to calculate the
monthly housing assistance payment for the family beginning on the effective date of
the family’s first regular reexamination on or after the effective date of the increase in
the payment standard.
Families requiring or requesting interim reexaminations will not have their HAP
payments calculated using the higher payment standard until their next annual
reexamination [HCV GB, p. 7-8].
Changes effective 12/3/24 and later: If the payment standard is increased during the
term of the HAP contract, the increased payment standard will be applied no later than
the earliest of:
The effective date of an increase in the gross rent that would result in an
increase in the family share;
The family’s first regular or interim reexamination; or
One year following the effective date of the increase in the payment standard
amount.
The PHA may adopt a policy to apply a payment standard increase at any time earlier
than the date calculated above as long as the policy is included in the administrative
plan and applied consistently to all families [24 CFR 982.505(c)(5)].
PHA Policy
The PHA will not adopt payment standard increases earlier than the date
required by the regulations.
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Changes in Family Unit Size (Voucher Size) [24 CFR 982.505(c)(6) and Notice PIH
2024-34]
Changes effective 12/2/24 and earlier: Irrespective of any increase or decrease in the
payment standard, if the family unit size increases or decreases during the HAP
contract term, the new family unit size must be used to determine the payment standard
for the family beginning at the family’s first regular reexamination following the change
in family unit size.
Changes effective 12/3/24 and later: Irrespective of any increase or decrease in the
payment standard, if the family unit size increases or decreases during the HAP
contract term, the new family unit size may be used to determine the payment standard
immediately but no later than the family’s first regular reexamination following the
change in family unit size.
PHA Policy
If the family unit size (voucher size) changes during the term of a HAP contract,
the new family unit size will be used to determine the payment standard at the
family’s first regular reexamination following the change in family unit size.
Moves
If the family moves to a new unit, or a new HAP contract is executed due to changes in
the lease (even if the family remains in place) the current payment standard applicable
to the family will be used when the new HAP contract is processed.
Reasonable Accommodation [24 CFR 982.503(d)(5)]
If a family requires a higher payment standard as a reasonable accommodation for a
family member who is a person with disabilities, the PHA is allowed to establish a higher
payment standard for the family of not more than 120 percent of the published FMR
without HUD approval or prior notification to HUD. A PHA may establish a payment
standard greater than 120 percent of the applicable FMR as a reasonable
accommodation in accordance with 24 CFR part 8, after requesting and receiving HUD
approval. See Chapter 16 for more information.
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6-IV.D. APPLYING UTILITY ALLOWANCES [24 CFR 982.517]
Overview
A PHA-established utility allowance schedule is used in determining family share and
PHA subsidy. A family’s utility allowance is determined by the size of dwelling unit
leased by a family or the voucher unit size for which the family qualifies using PHA
subsidy standards, whichever is the lowest of the two. See Chapter 5 for information on
the PHA’s subsidy standards.
For policies on establishing and updating utility allowances, see Chapter 16.
Flat Fees [24 CFR 982.517(b)(2)(iii)]
The PHA may base its utility allowance payments on actual flat fees charged by an
owner for utilities that are billed directly by the owner, but only if the flat fee charged by
the owner is no greater than the PHA’s applicable utility allowance for the utilities
covered by the fee. If the owner charges a flat fee for some but not all utilities, the PHA
must pay a separate allowance for any tenant-paid utilities not covered in the flat fee.
PHA Policy
The PHA will not base utility allowance payments on flat fees charged by the
owner.
PBV Developments [24 CFR 982.517(b)(2)(iv)]
If a tenant-based voucher holder resides in a project with project-based voucher (PBV)
units and the PBV units use a site-specific utility allowance in accordance with PBV
regulations, the PHA must use the project-specific utility allowance schedule.
Reasonable Accommodation and Individual Relief
On request from a family that includes a person with disabilities, the PHA must approve
a utility allowance which is higher than the applicable amount on the utility allowance
schedule if a higher utility allowance is needed as a reasonable accommodation to
make the program accessible and usable by the family member with a disability [24
CFR 982.517(e)]. (See Chapter 2 for policies regarding the request and approval of
reasonable accommodations.)
Further, the PHA may grant requests for individual relief from charges in excess of the
utility allowance on reasonable grounds, such as special factors not within control of the
resident, as the PHA deems appropriate. The family must request the higher allowance
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and provide the PHA an explanation of the need for individual relief and an explanation
about the amount of additional allowance required [see HCV GB, p. 18-8].
PHAs should develop criteria for granting individual relief, notify residents about the
availability of individual relief, and notify participants about the availability of individual
relief programs (sometimes referred to as “Medical Baseline discounts”) offered by the
local utility company.
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PHA Policy
The family must request the higher allowance and provide the PHA with
information about the amount of additional allowance required.
The PHA will consider the following criteria as valid reasons for granting
individual relief:
The family’s consumption was mistakenly portrayed as excessive due to
defects in the meter or errors in the meter reading.
The excessive consumption is caused by a characteristic of the unit or
owner-supplied equipment that is beyond the family’s control, such as a
particularly inefficient refrigerator or inadequate insulation. The allowance
should be adjusted to reflect the higher consumption needs associated
with the unit until the situation is remedied. The resident should be granted
individual relief until the allowance is adjusted.
The excessive consumption is due to special needs of the family that are
beyond their control, such as the need for specialized equipment in the
case of a family member who is ill, elderly, or who has a disability.
In determining the amount of the reasonable accommodation or individual relief,
the PHA will allow a reasonable measure of additional usage as necessary. To
arrive at the amount of additional utility cost of specific equipment, the family may
provide information from the manufacturer of the equipment, or the family or PHA
may conduct an internet search for an estimate of usage or additional monthly
cost.
Information on reasonable accommodation and individual relief for charges in
excess of the utility allowance will be provided to all families at admission as part
of the information on payment standards and utility allowances in the briefing
packet. The PHA will also provide information on utility relief programs or medical
discounts (sometimes referred to as “Medical Baseline discounts”) that may be
available through local utility providers.
At its discretion, the PHA may reevaluate the need for the increased utility
allowance at any regular reexamination.
If the excessive consumption is caused by a characteristic of the unit or PHA-
supplied equipment that is beyond the family’s control, such as a particularly
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inefficient refrigerator or inadequate insulation, the individual relief to the resident
will cease when the situation is remedied.
Utility Allowance Revisions
At reexamination, the PHA must use the current utility allowance schedule [HCV GB,
p. 18-8].
PHA Policy
Revised utility allowances will be applied to a family’s rent and subsidy
calculations at the first annual reexamination that is effective after the allowance
is adopted.
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6-IV.E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520]
HUD regulations prohibit assistance to ineligible family members. A mixed family is one
that includes at least one U.S. citizen or eligible immigrant and any number of ineligible
family members. The PHA must prorate the assistance provided to a mixed family. The
PHA will first determine assistance as if all family members were eligible and then
prorate the assistance based upon the percentage of family members that actually are
eligible. For example, if the PHA subsidy for a family is calculated at $500 and two of
four family members are ineligible, the PHA subsidy would be reduced to $250.
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CHAPTER 7.A.
VERIFICATION
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2018-18]
INTRODUCTION
Prior to the PHA’s HOTMA compliance date, the PHA will follow policies as outlined in
this chapter. Upon the PHA’s HOTMA compliance date, the PHA will follow policies as
outlined in Chapter 7.B.
The PHA must verify all information that is used to establish the family’s eligibility and
level of assistance and is required to obtain written authorization from the family in order
to collect the information. Applicants and program participants must cooperate with the
verification process as a condition of receiving assistance. The PHA must not pass on
the cost of verification to the family.
The PHA will follow the verification guidance provided by HUD in Notice PIH 2018-18
and any subsequent guidance issued by HUD. This chapter summarizes those
requirements and provides supplementary PHA policies.
Part I describes the general verification process. Part II provides more detailed
requirements related to family information. Part III provides information on income and
assets, and Part IV covers mandatory deductions.
Verification policies, rules and procedures will be modified as needed to accommodate
persons with disabilities. All information obtained through the verification process will be
handled in accordance with the records management policies of the PHA.
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PART I. GENERAL VERIFICATION REQUIREMENTS
7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR §982.516; §982.551;
CFR §5.230; AND NOTICE PIH 2023-27]
Consent Forms
The family must supply any information that the PHA or HUD determines is necessary
to the administration of the program and must consent to PHA verification of that
information [24 CFR §982.551]. All adult family members must sign consent forms as
needed to collect information relevant to the family’s eligibility and level of assistance.
While PHAs must use form HUD-9886, this form does not release all the information
necessary to the administration of the program. The PHA must also develop its own
release forms to cover all other necessary information.
Form HUD-9886-A [24 CFR 5.230(b)(1), b(2), (c)(4), and (c)(5)]; Notice PIH 2023-27
All adult applicants and participants sign form HUD-9886, Authorization for Release of
Information. All adult family members (and the head and spouse/cohead, regardless of
age) are required to sign the Form HUD-9886 at admission. Participants, prior to
January 1, 2024, signed and submitted Form HUD-9886 at each annual reexamination.
HOTMA eliminated this requirement and instead required that the Form HUD-9886 be
signed only once. On or after January 1, 2024 (regardless of the PHA’s HOTMA
compliance date), current program participants must sign and submit a new Form HUD-
9886 at their next interim or annual reexamination. This form will only be signed once.
Another Form HUD-9886 will not be submitted to the PHA except under the following
circumstances:
When any person 18 years or older becomes a member of the family;
When a current member of the family turns 18; or
As required by HUD or the PHA in administrative instructions.
The PHA has the discretion to establish policies around when family members must
sign consent forms when they turn 18. PHAs must establish these policies stating when
family members will be required to sign consent forms at intervals other than at
reexamination.
PHA Policy
Family members turning 18 years of age between annual recertifications will be
notified in writing that they are required to sign the required Consent to the
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Release of Information Form HUD-9886 at the family’s next annual or interim
reexamination, whichever is earlier.
The purpose of form HUD-9886 is to facilitate automated data collection and computer
matching from specific sources and provides the family's consent only for the specific
purposes listed on the form. HUD and the PHA may collect information from State
Wage Information Collection Agencies (SWICAs) and current and former employers of
adult family members. Only HUD is authorized to collect information directly from the
Internal Revenue Service (IRS) and the Social Security Administration (SSA).
The PHA may obtain any financial record from any financial institution, as the terms
financial record and financial institution are defined in the Right to Financial Privacy Act
(12 U.S.C. 3401), whenever the PHA determines, the record is needed to determine an
applicant’s or participant’s eligibility for assistance or level of benefits [24 CFR
5.230(c)(4)].
The executed form will remain effective until the family is denied assistance, assistance
is terminated, or the family provides written notification to the PHA to revoke consent.
Penalties for Failing to Consent [24 CFR §5.232]
If any family member who is required to sign a consent form fails to do so, the PHA
must deny admission to applicants and terminate assistance of participants. The family
may request an informal review (applicants) or informal hearing (participants) in
accordance with PHA procedures.
7-I.B. OVERVIEW OF VERIFICATION REQUIREMENTS
Use of Other Programs’ Income Determinations [24 CFR 5.609(c)(3) and
Notice PIH 2023-27]
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PHAs may, but are not required to, 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 means-tested federal public assistance programs. PHAs are not required to accept
or use determinations of income from other federal means-tested forms of assistance. If
the PHA adopts a policy to accept this type of verification, the PHA must establish in
policy when they will accept Safe Harbor income determinations and from which
programs. PHAs must also create policies that outline the course of action when
families present multiple verifications from the same or different acceptable Safe Harbor
programs.
Means-tested federal public assistance programs include:
Temporary Assistance for Needy Families (TANF) (42 U.S.C. 601, et seq.);
Medicaid (42 U.S.C. 1396 et seq.);
Supplemental Nutrition Assistance Program (SNAP) (42 U.S.C. 2011 et seq.);
Earned Income Tax Credit (EITC) (26 U.S.C. 32);
Low-Income Housing Credit (LIHTC) program (26 U.S.C. 42);
Special Supplemental Nutrition Program for Woman, Infants, and Children (WIC)
(42 U.S.C. 1786);
Supplemental Security Income (SSI) (42 U.S.C. 1381 et seq.);
Other programs administered by the HUD Secretary;
Other means-tested forms of federal public assistance for which HUD has
established a memorandum of understanding; and
Other federal benefit determinations made in other forms of means-tested federal
public assistance that the Secretary determines to have comparable reliability and
announces through the Federal Register.
If the PHA elects to use the annual income determination from one of the above-listed
forms of means-tested federal public assistance, then they must obtain the income
information by means of a third-party verification. The third-party verification must state
the family size, must be for the entire family, and must state the amount of the family’s
annual income. The annual income need not be broken down by family member or
income type. Annual income includes income earned from assets, therefore when using
Safe Harbor to verify a family’s income, PHAs will neither further inquire about a family’s
net family assets, nor about the income earned from those assets, except with respect
to whether or not the family owns assets that exceed the asset limitation in 24 CFR
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5.618. The Safe Harbor documentation will be considered acceptable if any of the
following dates fall into the 12-month period prior to the receipt of the documentation by
the PHA:
Income determination effective date;
Program administrator’s signature date;
Family’s signature date;
Report effective date; or
Other report-specific dates that verify the income determination date.
The only information that PHAs are permitted to use to determine income under this
method is the total income determination made by the federal means-tested program
administrator. Other federal programs may provide additional information about income
inclusions and exclusions in their award letters; however, these determinations and any
other information must not be considered by the PHA. PHAs are not permitted to mix
and match Safe Harbor income determinations and other income verifications.
If the PHA is unable to obtain Safe Harbor documentation or if the family disputes the
other program’s income determination, the PHA must calculate the family’s annual
income using traditional methods as outlined in Notice PIH 2023-27 and this chapter.
If the PHA uses a Safe Harbor determination to determine the family’s income, the
family is obligated to report changes in income that meet the PHA’s reporting
requirement and occur after the effective date of the transaction.
The amounts of unreimbursed reasonable attendant care expenses and child-care
expenses deducted from a family’s annual income, except for when a family is approved
for a child-care expense hardship exemption, must still be capped by the amount
earned by any family member who is enabled to work as a result of the expense. PHAs
are therefore required to obtain third-party verification of the applicable employment
income and cap the respective expense deductions accordingly.
PHA Policy
T PHA will not accept verification from other federal assistance programs. All
income will be verified in accordance with the requirements of HUD’s verification
hierarchy and PHA policies in this chapter. any time.
When families present multiple verifications from the same or different acceptable Safe
Harbor programs, the PHA will use the most recent income determination, unless the
family presents acceptable evidence that the PHA should consider an alternative
verification from a different Safe Harbor source.
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When the PHA uses a Safe Harbor income determination from another program, and
the family’s income subsequently changes, the family is required to report the change to
the PHA. Depending on when the change occurred, the change may or may not impact
the PHA’s calculation of the family’s total annual income. Changes that occur between
the time the PHA receives the Safe Harbor documentation, and the effective date of the
family’s annual reexam will not be considered. If the family has a change in income that
occurs after the annual reexam effective date, the PHA will conduct an interim reexam if
the change meets the requirements for performing an interim reexamination as outlined
in Chapter 11. In this case, the PHA will use third-party verification to verify the change.
7-I.C. UP-FRONT INCOME VERIFICATION (UIV)
Up-front income verification (UIV) refers to the PHA’s use of the verification tools
available from independent sources that maintain computerized information about
earnings and benefits. UIV will be used to the extent that these systems are available to
the PHA.
There may be legitimate differences between the information provided by the family and
UIV-generated information. If the family disputes the accuracy of UIV data, no adverse
action can be taken until the PHA has independently verified the UIV information and
the family has been granted an opportunity to contest any adverse findings through the
informal review/hearing process of the PHA.
See Chapter 6 for the PHA’s policy on the use of UIV/EIV to project annual income.
Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV)
System (Mandatory)
PHAs must use HUD’s EIV system in its entirety as a third-party source to verify tenant
employment and income information during mandatory reexaminations or
recertifications of family composition and income in accordance with 24 CFR 5.236 and
administrative guidance issued by HUD. However, the PHA is not required to verify
income information in EIV at annual reexam when Safe Harbor verification is used to
determine a family’s income [Notice PIH 2023-27]. The EIV system contains data
showing earned income, unemployment benefits, social security benefits, and SSI
benefits for participant families. The following policies apply to the use of HUD’s EIV
system.
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EIV Income and IVT Reports
The data shown on income and income validation tool (IVT) reports is updated
quarterly. Data may be between 3 and 6 months old at the time reports are generated.
PHA Policy
Income and IVT reports will be compared to family-provided information as part
of the annual reexamination process. Policies for resolving discrepancies
between income reports and family-provided information will be resolved as
described in Chapter 6-I.C. and in this chapter.
Income and IVT reports will be used in interim reexaminations to identify any
discrepancies between reported income and income shown in the EIV system,
and as necessary to verify earned income, and to verify and calculate
unemployment benefits, Social Security and/or SSI benefits. EIV will also be
used to verify that families claiming zero income are not receiving income from
any of these sources.
When the PHA determines through EIV reports and third-party verification that a
family has concealed or under-reported income, corrective action will be taken
pursuant to the policies in Chapter 14, Program Integrity.
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EIV Identity Verification
The EIV system verifies tenant identities against SSA records. These records are
compared to PIC data for a match on social security number, name, and date of birth.
PHAs are required to use EIV’s Identity Verification Report on a monthly basis to
improve the availability of income information in EIV [Notice PIH 2018-18].
When identity verification for a participant fails, a message will be displayed within the
EIV system and no income information will be displayed.
PHA Policy
The PHA will identify participants whose identity verification has failed by
reviewing EIV’s Identity Verification Report on a monthly basis.
The PHA will attempt to resolve PIC/SSA discrepancies by obtaining appropriate
documentation from the participant. When the PHA determines that
discrepancies exist due to PHA errors such as spelling errors or incorrect birth
dates, the errors will be corrected promptly.
Upfront Income Verification Using Non-HUD Systems (Optional)
In addition to mandatory use of the EIV system, HUD encourages PHAs to utilize other
upfront verification sources.
PHA Policy
The PHA will inform all applicants and participants of its use of the following UIV
resources during the admission and reexamination process:
HUD’s EIV system
The Work Number
7-I.D. THIRD-PARTY WRITTEN AND ORAL VERIFICATION
HUD’s current verification hierarchy defines two types of written third-party verification.
The more preferable form, “written third-party verification,” consists of an original
document generated by a third-party source, which may be received directly from a third
-party source or provided to the PHA by the family. If written third-party verification is not
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available, the PHA must attempt to obtain a “written third-party verification form.” This is
a standardized form used to collect information from a third party.
Written Third-Party Verification [Notice PIH 2018-18]
Written third-party verification documents must be original and authentic and may be
supplied by the family or received from a third-party source.
Examples of acceptable tenant-provided documents include, but are not limited to: pay
stubs, payroll summary reports, employer notice or letters of hire and termination, SSA
benefit verification letters, bank statements, child support payment stubs, welfare
benefit letters and/or printouts, and unemployment monetary benefit notices.
The PHA is required to obtain, at minimum, two current and consecutive pay stubs for
determining annual income from wages.
The PHA may reject documentation provided by the family if the document is not an
original, if the document appears to be forged, or if the document is altered, mutilated,
or illegible.
Written, third-party verification includes an original or authentic document generated by
a third-party source dated within 120 days of the date received by the PHA [Notice PIH
2023-27].
PHAs may accept a statement dated within the appropriate benefit year for fixed income
sources [Notice PIH 2023-27].
PHA Policy
Third-party documents provided by the family must be dated within 120 days of
the PHA request date. The PHA will accept a statement dated within the
appropriate benefit year for fixed income sources.
If the PHA determines that third-party documents provided by the family are not
acceptable, the PHA will explain the reason to the family and request additional
documentation.
As verification of earned income, the PHA will require the family to provide the
two most current and consecutive pay stubs when pay is received bi-weekly or
semi-monthly, four paystubs when pay is received weekly, and one paystub
when pay is received monthly . At the PHA’s discretion, if additional paystubs are
needed due to the family’s circumstances (e.g., sporadic income, fluctuating
schedule, etc.), the PHA may request additional paystubs or a payroll record.
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Written Third-Party Verification Form
When upfront verification is not available and the family is unable to provide written third
-party documents, the PHA must request a written third-party verification form. HUD’s
position is that this traditional third-party verification method presents administrative
burdens and risks which may be reduced through the use of family-provided third-party
documents.
PHAs may mail or email third-party written verification form requests to third-party
sources.
PHA Policy
The PHA will send third-party verification forms directly to the third party.
Third-party verification forms will be sent when third-party verification documents
are unavailable or are rejected by the PHA.
Oral Third-Party Verification [Notice PIH 2018-18]
For third-party oral verification, PHAs contact sources, identified by UIV techniques or
by the family, by telephone or in person.
Oral third-party verification is mandatory if neither form of written third-party verification
is available.
Third-party oral verification may be used when requests for written third-party
verification forms have not been returned within a reasonable time—e.g., 10 business
days.
PHAs should document in the file the date and time of the telephone call or visit, the
name of the person contacted, the telephone number, as well as the information
confirmed.
PHA Policy
In collecting third-party oral verification, PHA staff will record in the family’s file
the name and title of the person contacted, the date of the conversation (or
attempt), the telephone number used, and the facts provided.
When any source responds verbally to the initial written request for verification
the PHA will accept the verbal response as oral verification but will also request
that the source complete and return any verification forms that were provided.
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When Third-Party Verification is Not Required [Notice PIH 2018-18]
Third-party verification may not be available in all situations. HUD has acknowledged
that it may not be cost-effective or reasonable to obtain third-party verification of
income, assets, or expenses when these items would have a minimal impact on the
family’s total tenant payment.
PHA Policy
If the family cannot provide original documents, the PHA will pay the service
charge required to obtain third-party verification, unless it is not cost effective in
which case a self-certification will be acceptable as the only means of
verification. The cost of verification will not be passed on to the family.
The cost of postage and envelopes to obtain third-party verification of income,
assets, and expenses is not an unreasonable cost [VG, p. 18].
Primary Documents
Third-party verification is not required when legal documents are the primary source,
such as a birth certificate or other legal documentation of birth.
Imputed Assets
HUD permits PHAs to accept a self-certification from a family as verification of assets
disposed of for less than fair market value [HCV GB, p. 5-28].
PHA Policy
The PHA will accept a self-certification from a family as verification of assets
disposed of for less than fair market value.
Value of Assets and Asset Income [24 CFR 982.516(a)]
For families with net assets totaling $5,000 or less, the PHA may accept the family’s
declaration of asset value and anticipated asset income. However, the PHA is required
to obtain third-party verification of all assets regardless of the amount during the intake
process and at least every three years thereafter.
PHA Policy
For families with net assets totaling $5,000 or less, the PHA will accept the
family’s self-certification of the value of family assets and anticipated asset
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income when applicable. The family’s declaration must show each asset and the
amount of income expected from that asset. All family members 18 years of age
and older must sign the family’s declaration.
The PHA will use third-party documentation for assets as part of the intake
process, whenever a family member is added to verify the individual’s assets,
and every three years thereafter.
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7-I.E. SELF-CERTIFICATION
When HUD requires third-party verification, self-certification or “tenant declaration,” is
used as a last resort when the PHA is unable to obtain third-party verification.
Self-certification, however, is an acceptable form of verification when:
A source of income is fully excluded
Net family assets total $5,000 or less and the PHA has adopted a policy to accept
self certification at annual recertification, when applicable
The PHA has adopted a policy to implement streamlined annual recertifications for
fixed sources of income (See Chapter 11)
When the PHA was required to obtain third-party verification but instead relies on a
tenant declaration for verification of income, assets, or expenses, the family’s file must
be documented to explain why third-party verification was not available.
PHA Policy
When information cannot be verified by a third party or by review of documents,
family members will be required to submit notarized self-certifications attesting to
the accuracy of the information they have provided to the PHA.
The PHA may require a family to certify that a family member does not receive a
particular type of income or benefit.
The self-certification must be made in a format acceptable to the PHA and must
be signed by the family member whose information or status is being verified.
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PART II. VERIFYING FAMILY INFORMATION
7-II.A. VERIFICATION OF LEGAL IDENTITY
PHA Policy
The PHA will require families to furnish verification of legal identity for each
household member.
Verification of Legal Identity for
Adults
Verification of Legal Identity for
Children
Certificate of birth, naturalization
papers
Church issued baptismal certificate
Current, valid driver's license or
Department of Motor Vehicles
identification card
U.S. military discharge (DD 214)
Current U.S. passport
Current government employer
identification card with picture
Certificate of birth
Adoption papers
Custody agreement
Health and Human Services ID
Certified school records
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If a document submitted by a family is illegible for any reason or otherwise questionable,
more than one of these documents may be required.
If none of these documents can be provided and at the PHA’s discretion, a third party
who knows the person may attest to the person’s identity. The certification must be
provided in a format acceptable to the PHA and must be signed in the presence of a
PHA representative by the family member whose information or status is being verified.
Legal identity will be verified for all applicants at the time of eligibility determination and
in cases where the PHA has reason to doubt the identity of a person representing
themselves to be a participant.
7-II.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, NOTICE PIH 2018-24]
The family must provide documentation of a valid Social Security number (SSN) for
each member of the household, with the exception of individuals who do not contend
eligible immigration status. Exemptions also include existing program participants who
were at least 62 years of age as of January 31, 2010, and had not previously disclosed
an SSN.
Note that an individual who previously declared to have eligible immigration status may
not change their declaration for the purpose of avoiding compliance with the SSN
disclosure and documentation requirements or penalties associated with noncompliance
with these requirements. Nor may the head of household opt to remove a household
member from the family composition for this purpose.
The PHA must accept the following documentation as acceptable evidence of the social
security number:
An original SSN card issued by the Social Security Administration (SSA)
An original SSA-issued document, which contains the name and SSN of the
individual
An original document issued by a federal, state, or local government agency,
which contains the name and SSN of the individual
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While PHAs must attempt to gather third-party verification of SSNs prior to admission as
listed above, PHAs also have the option of accepting a self-certification and a third-party
document (such as a bank statement, utility or cell phone bill, or benefit letter) with the
applicant’s name printed on it to satisfy the SSN disclosure requirement if the PHA has
exhausted all other attempts to obtain the required documentation. If verifying an
individual’s SSN using this method, the PHA must document why the other SSN
documentation was not available [Notice PIH 2023-27].
PHA Policy
The PHA will verify an individual’s SSN in the situations described above using
the method described above as a last resort when no other forms of verification
of the individual’s SSN are available.
The PHA may only reject documentation of an SSN provided by an applicant or
participant if the document is not an original document or if the original document has
been altered, mutilated, is illegible, or appears to be forged.
PHA Policy
The PHA will explain to the applicant or participant the reasons the document is
not acceptable and request that the individual obtain and submit acceptable
documentation of the SSN to the PHA within 90 days.
In the case of Moderate Rehabilitation Single Room Occupancy (SRO) individuals, the
required documentation must be provided within 90 calendar days from the date of
admission into the program. The PHA must grant one additional 90-day extension if it
determines that the applicant’s failure to comply was due to circumstances that were
beyond the applicant’s control and could not have been reasonably foreseen.
PHA Policy
The PHA will grant one additional 90-day extension if needed for reasons beyond
the participant’s control such as delayed processing of the SSN application by
the SSA, natural disaster, fire, death in the family, or other emergency. If the
individual fails to comply with SSN disclosure and documentation requirements
upon expiration of the provided time period, the PHA will terminate the
individual’s assistance.
If an applicant family includes a child under 6 years of age who joined the household
within the 6 months prior to the date of voucher issuance, an otherwise eligible family
may be admitted to the program and the family must provide documentation of the
child’s SSN within 90 days of the effective date of the initial HAP contract. A 90-day
extension will be granted if the PHA determines that the participant’s failure to comply
was due to unforeseen circumstances and was outside of the participant’s control.
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PHA Policy
The PHA will grant one additional 90-day extension if needed for reasons beyond
the applicant’s control, such as delayed processing of the SSN application by the
SSA, natural disaster, fire, death in the family, or other emergency.
When a participant requests to add a new household member who is at least 6 years of
age, or who is under the age of 6 and has an SSN, the participant must provide the
complete and accurate SSN assigned to each new member at the time of reexamination
or recertification, in addition to the documentation required to verify it. The PHA may not
add the new household member until such documentation is provided.
When a participant requests to add a new household member who is under the age of 6
and has not been assigned an SSN, the participant must provide the SSN assigned to
each new child and the required documentation within 90 calendar days of the child
being added to the household. A 90-day extension will be granted if the PHA
determines that the participant’s failure to comply was due to unforeseen circumstances
and was outside of the participant’s control. During the period the PHA is awaiting
documentation of the SSN, the child will be counted as part of the assisted household.
PHA Policy
The PHA will grant one additional 90-day extension if needed for reasons beyond
the participant’s control such as delayed processing of the SSN application by
the SSA, natural disaster, fire, death in the family, or other emergency.
Social security numbers must be verified only once during continuously assisted
occupancy.
PHA Policy
The PHA will verify each disclosed SSN by:
Obtaining documentation from applicants and participants that is
acceptable as evidence of social security numbers
Making a copy of the original documentation submitted, returning it to the
individual, and retaining a copy in the case file
Once the individual’s verification status is classified as “verified,” the PHA may, at its
discretion, remove and destroy copies of documentation accepted as evidence of social
security numbers. The retention of the EIV Summary Report or Income Report is
adequate documentation of an individual’s SSN.
PHA Policy
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Once an individual’s status is classified as “verified” in HUD’s EIV system, the
PHA will not remove and destroy copies of documentation accepted as evidence
of social security numbers.
7-II.C. DOCUMENTATION OF AGE
A birth certificate or other official record of birth is the preferred form of age verification
for all family members. For elderly family members an original document that provides
evidence of the receipt of social security retirement benefits is acceptable.
PHA Policy
If an official record of birth or evidence of social security retirement benefits
cannot be provided, the PHA will require the family to submit other documents
that support the reported age of the family member (e.g., school records, driver's
license if birth year is recorded) and to provide a self-certification.
Age must be verified only once during continuously assisted occupancy.
7-II.D. FAMILY RELATIONSHIPS
Applicants and program participants are required to identify the relationship of each
household member to the head of household. Definitions of the primary household
relationships are provided in the Eligibility chapter.
PHA Policy
Family relationships are verified only to the extent necessary to determine a
family’s eligibility and level of assistance. Certification by the head of household
normally is sufficient verification of family relationships.
Marriage
PHA Policy
Certification by the head of household is normally sufficient verification. If the
PHA has reasonable doubts about a marital relationship, the PHA will require the
family to document the marriage.
A marriage certificate generally 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 (e.g., by telling the community they are married, calling
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each other husband and wife, using the same last name, filing joint income tax
returns).
Separation or Divorce
PHA Policy
Certification by the head of household is normally sufficient verification. If the
PHA has reasonable doubts about a separation or divorce, the PHA will require
the family to provide documentation of the divorce, or separation.
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.
Absence of Adult Member
PHA Policy
At the PHA request, 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.
Foster Children and Foster Adults
PHA Policy
Third-party verification from the state or local government agency responsible for
the placement of the individual with the family is required.
7-II.E. VERIFICATION OF STUDENT STATUS
General Requirements
PHA Policy
The PHA 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:
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The family reports full-time student status for an adult other than the head,
spouse, or cohead.
The family reports childcare expenses to enable a family member to
further their education.
The family includes a student enrolled in an institution of higher education.
Restrictions on Assistance to Students Enrolled in Institutions of Higher
Education
This section applies only to students who are seeking assistance on their own,
separately from their parents. It does not apply to students residing with parents who
are seeking or receiving HCV assistance.
PHA Policy
In accordance with the verification hierarchy described in Section 7-1. B, the PHA
will determine whether the student is exempt from the restrictions in 24 CFR
§5.612 by verifying any one of the following exemption criteria:
The student is enrolled at an educational institution that does not meet the
definition of institution of higher education in the Higher Education Act of
1965 (see Section Exhibit 3-2).
The student is at least 24 years old.
The student is a veteran, as defined in Section 3-II.E.
The student is married.
The student has at least one dependent child, as defined in Section 3-II.E.
Enrollment verification documentation must indicate the student’s status
such as; part-time, full-time, ¾ time, etc.
Self-certification will not be accepted.
Class schedule without the verbiage indicated above is not an
acceptable form of student status verification.
The student is a person with disabilities, as defined in section 3-II. E, and was receiving
assistance prior to November 30, 2005If the PHA cannot verify at least one of these
exemption criteria, the PHA will conclude that the student is subject to the restrictions
on assistance at 24 CFR §5.612. In addition to verifying the student’s income eligibility,
the PHA will then proceed to verify either the student’s parents’ income eligibility (see
Section 7-III.J) or the student’s independence from their parents (see below).
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Independent Student
PHA Policy
The PHA will verify a student’s independence from their parents to determine that
the student’s parents’ income is not relevant for determining the student’s
eligibility by doing all of the following:
Either reviewing and verifying previous address information to determine
whether the student has established a household separate from their
parents for at least one year, or reviewing and verifying documentation
relevant to determining whether the student meets the U.S. Department of
Education’s definition of independent student (see Section 3-II. E)
Reviewing the 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 (see Section 3-II. E.)
Requesting and obtaining written certification directly from the student’s
parents identifying the amount of support they will be providing to the
student, even if the amount of support is $0 , except in cases in which the
PHA determines that the student is a vulnerable youth (see Section 3-II.E)
7-II.F. DOCUMENTATION OF DISABILITY
The PHA must verify the existence of a disability in order to allow certain income
disallowances and deductions from income. The PHA is not permitted to inquire about
the nature or extent of a person’s disability [24 CFR §100.202(c)]. The PHA may not
inquire about a person’s diagnosis or details of treatment for a disability or medical
condition. If the PHA receives a verification document that provides such information,
the PHA will not place this information in the tenant file. Under no circumstances will the
PHA request a participant’s medical record(s). For more information on health care
privacy laws, see the Department of Health and Human Services’ website at
http://www.hhs.gov/ocr/privacy/.
The above cited regulation does not prohibit the following inquiries, provided these
inquiries are made of all applicants, whether or not they are persons with disabilities
[VG, p. 24]:
Inquiry into an applicant’s ability to meet the requirements of ownership or
tenancy
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Inquiry to determine whether an applicant is qualified for a dwelling available only
to persons with disabilities or to persons with a particular type of disability
Inquiry to determine whether an applicant for a dwelling is qualified for a priority
available to persons with disabilities or to persons with a particular type of
disability
Inquiring whether an applicant for a dwelling is a current illegal abuser or addict
of a controlled substance
Inquiring whether an applicant has been convicted of the illegal manufacture or
distribution of a controlled substance
Family Members Receiving SSA Disability Benefits
Verification of the receipt of disability benefits from the Social Security Administration
(SSA) is sufficient verification of disability for the purpose of qualifying for waiting list
preferences (if applicable) or certain income disallowances and deductions [VG, p. 23].
PHA Policy
For family members claiming disability who receive disability benefits from the
SSA, the PHA will attempt to obtain information about disability benefits through
the HUD Enterprise Income Verification (EIV) system. If documentation from
HUD’s EIV System is not available, the PHA 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 PHA will
ask the family to request a benefit verification letter by either calling SSA at 1-800
-772-1213, or by requesting it from www.ssa.gov. Once the applicant or
participant receives the benefit verification letter they will be required to provide it
to the PHA.
Family Members Not Receiving SSA Disability Benefits
Receipt of veteran’s disability benefits, worker’s compensation, or other non-SSA
benefits based on the individual’s claimed disability are not sufficient verification that the
individual meets HUD’s definition of disability in 24 CFR §5.403.
PHA Policy
For family members claiming disability who do not receive disability benefits from
the SSA, a knowledgeable professional must provide third-party verification that
the family member meets the HUD definition of disability. See the Eligibility
chapter for the HUD definition of disability. The knowledgeable professional will
verify whether the family member does or does not meet the HUD definition.
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7-II.G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR §5.508]
Overview
Housing assistance is not available to persons who are not citizens, nationals, or
eligible immigrants. Prorated assistance is provided for "mixed families" containing both
eligible and ineligible persons. A detailed discussion of eligibility requirements is in the
Eligibility chapter. This verifications chapter discusses HUD and PHA verification
requirements related to citizenship status.
The family must provide a certification that identifies each family member as a U.S.
citizen, a U.S. national, an eligible noncitizen or an ineligible noncitizen and submit the
documents discussed below for each family member. Once eligibility to receive
assistance has been verified for an individual it need not be collected or verified again
during continuously assisted occupancy [24 CFR §5.508(g)(5)].
U.S. Citizens and Nationals
HUD requires a declaration for each family member who claims to be a U.S. citizen or
national. The declaration must be signed personally by any family member 18 or older
and by a guardian for minors.
The PHA may request verification of the declaration by requiring presentation of a birth
certificate, United States passport or other appropriate documentation.
PHA Policy
Family members who claim U.S. citizenship or national status will not be required
to provide additional documentation unless the PHA receives information
indicating that an individual’s declaration may not be accurate.
Eligible Immigrants
Documents Required
All family members claiming eligible immigration status must declare their status in the
same manner as U.S. citizens and nationals.
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The documentation required for eligible noncitizens varies depending upon
factors such as the date the person entered the U.S., the conditions under
which eligible immigration status has been granted, age, and the date on
which the family began receiving HUD-funded assistance. Exhibit 7-1 at the
end of this chapter summarizes documents family members must provide.
PHA Verification [HCV GB, pp. 5-3 and 5-7]
For family members age 62 or older who claim to be eligible immigrants, proof of age is
required in the manner described in 7-II.C. of this plan. No further verification of eligible
immigration status is required.
For family members under the age of 62 who claim to be eligible immigrants, the PHA
must verify immigration status with the United States Citizenship and Immigration
Services (USCIS).
The PHA will follow all USCIS protocols for verification of eligible immigration status.
7-II.H. VERIFICATION OF PREFERENCE STATUS
The PHA must verify any preferences claimed by an applicant that determined
placement on the waiting list.
PHA Policy
The following preferences will determine the place of an applicant on the waitlist
after the lottery:
A. Displaced person(s): Individuals or families who have/has been displaced by
local government action or whose dwelling has been extensively damaged or
destroyed as a result of a disaster declared or otherwise formally recognized
pursuant to Federal disaster relief laws. 24 CFR § 5.403(b). For purposes of
redevelopment activities, a family may also be displaced as defined in the
Uniform Relocation Act. Such families have been displaced if they have been
required to permanently move from real property for the rehabilitation or
demolition of such property. These families may be entitled to specified
benefits under the Uniform Relocation Act. 49CFR § 24.2
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B. Living in the City of Chandler: Applicant must physically live in the City of
Chandler.
C. Working in the City of Chandler: Applicant must physically work, or be hired
to work in the City of Chandler.
D. Chronically Homeless: The following definition must be met:
A chronically homeless person as defined by the U.S. Department of HUD (24
CFR §578.3):
-
(1) A “homeless individual with a disability,” as defined in Section 401(9) of
the McKinney–Vento Homeless Assistance Act (42 U.S.C. 11360(9)), who:
-
(i) Lives in a place not meant for human habitation, a safe haven, or in
an emergency shelter; and
-
ii) Has been homeless and living as described in paragraph (1)(i) of this
definition continuously for at least 12 months or on at least 4 separate
occasions in the last 3 years, as long as the combined occasions equal
at least 12 months and each break in homelessness separating the
occasions included at least 7 consecutive nights of not living as
described in paragraph (1)(i). Stays in institutional care facilities for fewer
than 90 days will not constitute as a break in homelessness, but rather
such stays are included in the 12–month total, as long as the individual
was living or residing in a place not meant for human habitation, a safe
haven, or an emergency shelter immediately before entering the
institutional care facility;
-
(2) An individual who has been residing in an institutional care facility,
including a jail, substance abuse or mental health treatment facility, hospital,
or other similar facility, for fewer than 90 days and met all of the criteria in
paragraph (1) of this definition, before entering that facility; or
-
(3) A family with an adult head of household (or if there is no adult in the
family, a minor head of household) who meets all of the criteria in paragraph
(1) or (2) of this definition, including a family whose composition has
fluctuated while the head of household has been homeless.
E. Currently Employed/Employment Program: Families whose head, Spouse, or
Sole Member is employed. Applicants with an adult family member enrolled
in an employment training program or currently working (20) hours a week.
Working hours must be attributed to only one family member. Family cannot
combined work hours.
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F. Full-Time Student: Applicants with an adult family member enrolled in school
on a full-time basis.
G. Elderly families where the head of household or spouse is at least 62+ years
of age.
H. Disabled families and families with a disabled household member.
PHA Policy
The PHA may verify that the family qualifies for Chronically Homeless based on
1) referral letter from a non-profit organization in which the applicant is enrolled
or verifying their status as an unaccompanied homeless person with a disabling
condition and 2) printout from the Homeless Management Information System
(HMIS).
The PHA may verify that the family qualifies for the working family preference
based on the verification received from the employer. If the employment
verification is not received from the employer within a reasonable amount of time,
the family’s submission of the working member’s most recent paycheck stub
indicating that the working member works at least 20 hours per week is
acceptable. The paycheck stub must have been issued to the working member
within the last thirty days.
The PHA may verify that the family qualifies for adult family member(s) enrolled
in an employment-training program preference based on the verification received
from the institution or agency that is providing the employment-training program.
Elderly status will be verified by a birth certificate or other form of valid
identification showing birth date (e.g., Social Security documents, passport, etc.).
Disabled status will be verified by a Social Security Administration
letter/document showing the person is disabled, or by a letter received from a
disability or medical professional willing to sign under oath that an individual is
disabled.
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PART III. VERIFYING INCOME AND ASSETS
Chapter 6, Part I of this plan describes in detail the types of income that are included
and excluded and how assets and income from assets are handled. Any income
reported by the family must be verified. This part provides PHA policies that supplement
the general verification procedures specified in Part I of this chapter.
7-III.A. EARNED INCOME
Tips
PHA Policy
Tips will be verified via third party documentation such as paystubs or employment
verification. If tips are not indicated on paystubs, the participant will self-certify their
estimated annual tip income.
Wages
PHA Policy
When the PHA requires third-party verification of wages, the family must provide
the most recent and consecutive paystubs based on the frequency of pay
indicated below:
Biweekly (every two weeks) or semi-monthly (twice a month) – 2
paystubs
Weekly – 4 paystubs
Monthly – 1 paystub
7-III.B. BUSINESS AND SELF EMPLOYMENT INCOME
The PHA must obtain written, third-party verification when the income type is not
available in EIV. This includes income from self-employment.
PHA Policy
Business owners and self-employed persons will be required to provide:
Schedule C from their tax return of the most recent year filed.
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.
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For self-employed individuals who claim they do not to file tax returns, The PHA will
have the participant self-certify they have not filed. In lieu of tax documents participants
will complete the notarized self-employment certification providing two calendar months
of income and expense information in accordance with IRS.
The above verification process will be used for those employed in “gig employment” as
listed below or seen as independent contractors,TheThe PHA will also review the
printed statements of monthly income from the applicable app for all hours worked and
pay received as well asthe corresponding IRS Form 1099 or 1099k.
Examples of “gig employment” include but are not limited to:
o
Uber/Lyft
o
Doordash/Uber Eats
o
Task-based gig work: assembling furniture, being a mover, cleaning,
babysitting, attending to yardwork, or tech services such as web
development, animal services (such as dog walking, pet sitting, or
grooming services.)
o
On demand roles that indivuduals can take as freelancers or independent
contracts (hair services, nail techs, food sales, content creation.)
At any reexamination the PHA may request documents that support submitted financial
statements such as manifests, appointment books, cash books, or bank statements.
ONCE PROPER VERIFICATION IS PROVIDED AN INTERIM REEXAMINATION WILL BE
PROCESSED IN ACCORDANCE TO PHA POLICY.
7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS
For policies governing streamlined income determinations for fixed sources of income,
please see Chapter 11.
Social Security/SSI Benefits
Verification requirements for Social Security (SS) and Supplemental Security Income
(SSI) benefits differ for applicants and participants.
For applicants, since EIV does not contain SS or SSI benefit information, the PHA must
ask applicants to provide a copy of their current SS and/or SSI benefit letter (dated
within the current calendar year) for each family member that receives SS and/or SSI
benefits. If the family is unable to provide the document or documents, the PHA should
help the applicant request a benefit verification letter from SSA’s website at
www.ssa.gov or ask the family to request one by calling SSA at 1-800-772-1213. The
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PHA must obtain the original benefit letter from the applicant, make a photocopy of the
document for the file, and return the original to the family.
For participants, the PHA must obtain information through the HUD EIV system and
confirm with the participants that the current listed benefit amount is correct.
If the participant agrees with the amount reported in EIV, the PHA must use the EIV-
reported gross benefit amount to calculate annual income from Social Security.
PHAs are required to use the EIV-reported SS and SSI benefit amounts when
calculating income unless the tenant disputes the EIV-reported amount. For
example, an SSA benefit letter may list the monthly benefit amount as $450.80 and
EIV displays the amount as $450.00. The PHA must use the EIV-reported amount
unless the participant disputes the amount.
If the participant disputes the EIV-reported benefit amount, or if benefit information is
not available in EIV, the PHA must request a current SSA benefit verification letter
(dated within the last 120 calendar days) from each family member that receives SS
and/or SSI benefits. If the family is unable to provide the document or documents,
the PHA should help the participant request a benefit verification letter from SSA’s
website at www.ssa.gov or ask the family to request one by calling SSA at 1-800-
772-1213. The PHA must obtain the original benefit letter from the participant, make
a photocopy of the document for the file, and return the original to the family.
Photocopies of social security checks or bank statements are not acceptable forms of
verification for SS/SSI benefits.
7-III.D. ALIMONY OR CHILD SUPPORT
PHA Policy
The methods the PHA will use to verify alimony and child support payments differ
depending on whether the family declares that it receives regular payments.
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If the family declares that it receives regular payments, verification will be
obtained in the following order of priority:
Copies of the receipts and/or payment stubs for the 12 months prior to
PHA request.
Third-party verification form from the state or local child support
enforcement agency
Third-party verification form from the person paying the support
Family’s self-certification of amount received.
If the family declares that it receives irregular or no payments, in addition to the
verification process listed above, the family must 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 Note:
Families are not required to undertake independent enforcement action.
7-III.E. ASSETS AND INCOME FROM ASSETS
Assets Disposed of for Less than Fair Market Value
The family must certify whether any assets have been disposed of for less than fair
market value in the preceding two years. The PHA needs to verify only those
certifications that warrant documentation [HCV GB, p. 5-28].
PHA Policy
The PHA will verify the value of assets disposed of only if:
The PHA 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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Example 1: An elderly participant reported a $10,000 certificate of deposit at the
last annual reexamination and the PHA verified this amount. Now the person
reports that she has given this $10,000 to her son. The PHA has a reasonable
estimate of the value of the asset; therefore, reverification of the value of the
asset is not necessary.
Example 2: A family member has disposed of its 1/4 share of real property
located in a desirable area and has valued her share at approximately $5,000.
Based upon market conditions, this declaration does not seem realistic.
Therefore, the PHA will verify the value of this asset.
7-III.F. NET INCOME FROM RENTAL PROPERTY
PHA Policy
The family must provide:
A current executed lease for the property that shows the rental amount or
certification from the current tenant
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 PHA 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.
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7-III.G. RETIREMENT ACCOUNTS
PHA Policy
The PHA will accept written third-party documents supplied by the family as
evidence of the status of retirement accounts.
The type of original document that will be accepted depends upon the family
member’s retirement status.
Before retirement, the PHA will accept an original document from the
entity holding the account dated within the appropriate benefit year.
Upon retirement, the PHA will accept an original document dated within
the appropriate benefit year from the entity holding the account that
reflects any distributions of the account balance, any lump sums taken
and any regular payments.
After retirement, the PHA will accept an original document from the entity
holding the account dated within the appropriate benefit year that reflects
any distributions of the account balance, any lump sums taken and any
regular payments.
7-III.H. INCOME FROM EXCLUDED SOURCES
A detailed discussion of excluded income is provided in Chapter 6, Part I.
HUD guidance on verification of excluded income draws a distinction between income
which is fully excluded and income which is only partially excluded.
For fully excluded income, the PHA is not required to follow the verification hierarchy,
document why third-party verification is not available, or report the income on the
50058. Fully excluded income is defined as income that is entirely excluded from the
annual income determination (for example, food stamps, earned income of a minor, or
foster care funds) [Notice PIH 2013-04].
PHAs may accept a family’s signed application or reexamination form as self-
certification of fully excluded income. They do not have to require additional
documentation. However, if there is any doubt that a source of income qualifies for full
exclusion, PHAs have the option of requiring additional verification.
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For partially excluded income, the PHA is required to follow the verification hierarchy
and all applicable regulations, and to report the income on the 50058. Partially excluded
income is defined as income where only a certain portion of what is reported by the
family qualifies to be excluded and the remainder is included in annual income (for
example, the income of an adult full-time student).
PHA Policy
The PHA will accept the family’s self-certification as verification of fully excluded
income. The PHA may request additional documentation if necessary to
document the income source.
The PHA will verify the source and amount of partially excluded income as
described in Part 1 of this chapter.
7-III.I. ZERO INCOME FAMILIES [NOTICE PIH 2023-27]
PHAs have discretion to establish reasonable procedures to manage the risk of
unreported income, such as asking families to complete a zero-income worksheet at
admission or periodically after admission to determine if they have any sources of
unreported income or searching any UIV sources for unreported income.
In calculating annual income, PHAs must not assign monetary value to nonmonetary in-
kind donations from a food bank or similar organization received by the family [24 CFR
5.609(b)(24)(vi)].
PHAs may accept a self-certification of zero income from the family without taking any
additional steps to verify zero reported income. HUD does not require such self-
certifications be notarized.
PHAs that perform zero income reviews must update local discretionary policies,
procedures, and forms. Families who begin receiving income which does not trigger an
interim reexamination should no longer be considered zero income even though the
family’s income is not reflected on the Form HUD-50058.
PHA Policy
The PHA will check UIV sources and/or may request information from third-party
sources to verify that certain forms of income such as unemployment benefits,
TANF, SS, SSI, earned income, child support, etc., are not being received by
families claiming to have zero annual income.
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The PHA will also require that each family member who claims zero income
status complete a notarized zero-income form. If any sources of income are
identified on the form, the PHA will verify the income in accordance with the
policies in this chapter prior to including the income in the family’s annual
income. The PHA will conduct interims in accordance with PHA policy in Chapter
11.
7-III.J. STUDENT FINANCIAL ASSISTANCE [NOTICE PIH 2015-21]
Any financial assistance, in excess of amounts received for tuition, fees, and other
required charges that a person attending an institution of higher education receives
under the Higher Education Act of 1965, from private sources, or from an institution of
higher education must be considered income unless the student is over the age of 23
with dependent children or is residing with parents who are seeking or receiving HCV
assistance [24 CFR 5.609(b)(9) and FR 4/10/06].
For students over the age of 23 with dependent children or students residing with
parents who are seeking or receiving HCV assistance, the full amount of student
financial assistance is excluded from annual income [24 CFR 5.609(c)(6)]. The full
amount of student financial assistance is also excluded for students attending schools
that do not qualify as institutions of higher education (as defined in Exhibit 3-2).
Excluded amounts are verified only if, without verification, the PHA would not be able to
determine whether or to what extent the income is to be excluded (see section 7-III.H).
PHA Policy
For a student subject to having a portion of their student financial assistance
included in annual income in accordance with 24 CFR 5.609(b)(9), the PHA will
request written third-party verification of both the source and the amount. Family-
provided documents from the educational institution attended by the student will
be requested, as well as documents generated by any other person or entity
providing such assistance, as reported by the student.
In addition, the PHA will request written verification of the student’s tuition, fees,
and other required charges.
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If the PHA is unable to obtain third-party written verification of the requested
information, the PHA will pursue other forms of verification following the
verification hierarchy in section 7-I.B.
7-III.K. PARENTAL INCOME OF STUDENTS SUBJECT TO ELIGIBILITY RESTRICTIONS
If a student enrolled at an institution of higher education is under the age of 24, is not a
veteran, is not married, does not have a dependent child, and is not a person with
disabilities receiving HCV assistance as of November 30, 2005, the income of the
student’s parents must be considered when determining income eligibility, unless the
student is determined independent from their parents or a vulnerable youth in
accordance with PHA policy [24 CFR 5.612, FR Notice 4/10/06, p. 18146, and
FR Notice 9/21/16].
This provision does not apply to students residing with parents who are seeking or
receiving HCV assistance. It is limited to students who are seeking or receiving
assistance on their own, separately from their parents.
PHA Policy
If the PHA is required to determine the income eligibility of a student’s parents,
the PHA will request an income declaration and certification of income from the
appropriate parent(s) (as determined in section 3-II.E). The PHA will send the
request directly to the parents, who will be required to certify to their income
under penalty of perjury. The parents will be required to submit the information
directly to the PHA. The required information must be submitted (postmarked)
within 10 business days of the date of the PHA’s request or within any extended
timeframe approved by the PHA.
The PHA 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 (IRS) 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.
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PART IV. VERIFYING MANDATORY DEDUCTIONS
7-IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS
The dependent and elderly/disabled family deductions require only that the PHA verify
that the family members identified as dependents or elderly/disabled persons meet the
statutory definitions. No further verifications are required.
Dependent Deduction
See Chapter 6 (6-II.B) for a full discussion of this deduction. The PHA will verify that:
Any person under the age of 18 for whom the dependent deduction is claimed is
not the head, spouse, or cohead of the family and is not a foster child
Any person age 18 or older for whom the dependent deduction is claimed is not
a foster adult or live-in aide, and is a person with a disability or a full time student
Elderly/Disabled Family Deduction
See Eligibility chapter for a definition of elderly and disabled families and Chapter 6 for a
discussion of the deduction. The PHA must verify that the head, spouse, or cohead is
62 years of age or older or a person with disabilities.
7-IV.B. MEDICALEXPENSE DEDUCTION
Policies related to medical expenses are found in Chapter 6-II.D.. The amount of the
deduction will be verified following the standard verification procedures described in
Part I.
Amount of Expense
PHA Policy
Medical expenses will be verified through:
Written third-party documents provided by the family, such as pharmacy
printouts or receipts.
When income is projected at new admission or interim, the PHA will make
a best effort to determine what expenses from the past are likely to
continue to occur in the future. The PHA will also accept evidence of
monthly payments or total payments that will be due for medical expenses
during the upcoming 12 months.
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Written third-party verification forms, if the family is unable to provide
acceptable documentation.
Before placing bills and documentation in the tenant file, the PHA will redact all
personally identifiable information.
If the PHA receives documentation from a verification source that contains the
individual’s specific diagnosis, information regarding the individual’s treatment,
and/or information regarding the nature or severity of the person’s disability, the
PHA will immediately dispose of this confidential information; this information will
never be maintained in the individual’s file. If the information needs to be
disposed of, the PHA will note in the individual’s file that verification was
received, the date received, and the name and address of the
person/organization that provided the verification. Under no circumstances will
PHA include an applicant’s or resident’s medical records in the file [Notice PIH
2010-26].
In addition, the PHA must verify that:
The household is eligible for the deduction.
The costs to be deducted are qualified health and medical care expenses.
The expenses are not paid for or reimbursed by any other source.
Costs incurred in past years are counted only once.
Eligible Household
The health and medical care expense deduction is permitted only for households in
which the head, spouse, or cohead is at least 62, or a person with disabilities. The PHA
must verify that the family meets the definition of an elderly or disabled family provided
in the Eligibility chapter and as described in Chapter 7 (7-IV.A.) of this plan.
Qualified Expenses
To be eligible for the medical expenses deduction, the costs must qualify as medical
expenses. See Chapter 6 (6-II.D.) for the PHA’s policy on what counts as a medical
expense.
Unreimbursed Expenses
To be eligible for the medical expenses deduction, the costs must not be reimbursed by
another source.
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PHA Policy
The family will be required to certify that the medical expenses are not paid or
reimbursed to the family from any source. If expenses are verified through a third
party, the third party must certify that the expenses are not paid or reimbursed
from any other source.
Expenses Incurred in Past Years
PHA Policy
At new admission and interim reexam, when anticipated costs are related to on-
going payment of medical bills incurred in past years, the PHA 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
7-IV.C. DISABILITY ASSISTANCE EXPENSES
Policies related to disability assistance expenses are found in 6-II.E. The amount of the
deduction will be verified following the standard verification procedures described in
Part I.
Amount of Expense
Attendant Care
PHA Policy
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.
When income is projected at new admission or interim, if third-party
verification is not possible, written family certification as to costs
anticipated to be incurred for the upcoming 12 months.
Before placing bills and documentation in the tenant file, the PHA will redact all
personally identifiable information.
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If the PHA receives documentation from a verification source that contains the
individual’s specific diagnosis, information regarding the individual’s treatment,
and/or information regarding the nature or severity of the person’s disability, the
PHA will immediately dispose of this confidential information; this information will
never be maintained in the individual’s file. If the information needs to disposed
of, the PHA will note in the individual’s file that verification was received, the date
received, and the name and address of the person/organization that provided the
verification. Under no circumstances will PHA include an applicant’s or resident’s
medical records in the file [Notice PIH 2010-26].
Auxiliary Apparatus
PHA Policy
Expenses for auxiliary apparatus will be verified through:
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.
If third-party verification is not possible, written family certification of
estimated apparatus costs for the upcoming 12 months.
In addition, the PHA must verify that:
The family member for whom the expense is incurred is a person with disabilities
(as described in 7-II.F above).
The expense permits a family member, or members, to work (as described in 6-
II.E.).
The expense is not reimbursed from another source (as described in 6-II.E..).
Family Member is a Person with Disabilities
To be eligible for the disability assistance expense deduction, the costs must be
incurred for attendant care or auxiliary apparatus expense associated with a person with
disabilities. The PHA will verify that the expense is incurred for a person with disabilities
(See 7-II.F.).
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Family Member(s) Permitted to Work
The PHA must verify that the expenses claimed actually enable a family member, or
members, (including the person with disabilities) to work.
PHA Policy
The PHA will require the family to follow the proper reasonable accommodation
process verifying the family member requires attendant care or an auxiliary
apparatus to be employed, or that the attendant care or auxiliary apparatus
enables another family member, or members, to work (See 6-II.E.).
Unreimbursed Expenses
To be eligible for the disability expenses deduction, the costs must not be reimbursed
by another source.
PHA Policy
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.
7-IV.D. CHILD CARE EXPENSES
Policies related to child care expenses are found in Chapter 6 (6-II.F) . The amount of
the deduction will be verified following the standard verification procedures described in
Part I of this chapter. In addition, the PHA must verify that:
The child is eligible for care (12 or younger).
The costs claimed are not reimbursed.
The costs enable a family member to work, actively seek work, or further their
education.
The costs are for an allowable type of childcare.
The costs are reasonable.
Eligible Child
To be eligible for the childcare deduction, the costs must be incurred for the care of a
child under the age of 13. The PHA will verify that the child being cared for (including
foster children) is under the age of 13 (See 7-II.C.).
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Unreimbursed Expense
To be eligible for the childcare deduction, the costs must not be reimbursed by another
source.
PHA Policy
The family (and the care provider) will be required to certify that the childcare
expenses are not paid or reimbursed to the family from any source.
Pursuing an Eligible Activity
The PHA must 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.
PHA Policy
Information to be Gathered -
The PHA will verify information about how the schedule for the claimed
activity relates to the hours of care provided, the relationship of the family
member(s) to the child, and any special needs of the child that might help
determine which family member is enabled to pursue an eligible activity.
Seeking Work
Whenever possible the PHA will use documentation from a state or local
agency that monitors work-related requirements (e.g., welfare or
unemployment). In such cases the PHA 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 PHA any reports provided to the other
agency.
In the event third-party verification is not available, the PHA will provide the
family with a form on which the family member must record job search efforts.
The PHA will review this information at each subsequent reexamination for
which this deduction is claimed.
Furthering Education
The PHA will request third-party documentation to verify that the person
permitted to further their education by the childcare is enrolled and provide
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information about the timing of classes for which the person is registered. The
documentation may be provided by the family.
Gainful Employment -
The PHA 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.
Allowable Type of Childcare
The type of care to be provided is determined by the family, but must fall within certain
guidelines, as discussed in Chapter 6.
PHA Policy
The PHA will verify that the type of childcare selected by the family is allowable,
as described in Chapter 6 (6-II.F).
The PHA 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 PHA 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.
Reasonableness of Expenses
Only reasonable childcare costs can be deducted.
PHA Policy
The actual costs the family incurs will be compared with the PHA’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 PHA will request additional documentation, as required, to support a
determination that the higher cost is appropriate.
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Exhibit 7-1: Summary of Documentation Requirements for Noncitizens
[HCV GB, pp. 5-9 and 5-10]
All noncitizens claiming eligible status must sign a declaration of eligible
immigrant status on a form acceptable to the PHA.
Except for persons 62 or older, all noncitizens must sign a verification consent
form
Additional documents are required based upon the person's status.
Elderly Noncitizens
A person 62 years of age or older who claims eligible immigration status also must
provide proof of age such as birth certificate, passport, or documents showing
receipt of SS old-age benefits.
All other Noncitizens
Noncitizens that claim eligible immigration status also must present the applicable
USCIS document. Acceptable USCIS documents are listed below.
Form I-551 Alien Registration Receipt
Card (for permanent resident aliens)
Form I-94 Arrival-Departure Record
annotated with one of the following:
“Admitted as a Refugee Pursuant
to Section 207”
“Section 208” or “Asylum”
“Section 243(h)” or “Deportation
stayed by Attorney General”
“Paroled Pursuant to Section 221
(d)(5) of the USCIS”
Form I-94 Arrival-Departure Record
with no annotation accompanied by:
A final court decision granting
asylum (but only if no appeal is
taken);
A letter from a USCIS asylum
officer granting asylum (if
application is filed on or after
10/1/90) or from a USCIS district
director granting asylum
(application filed before 10/1/90);
A court decision granting
withholding of deportation; or
A letter from an asylum officer
granting withholding or deportation
(if application filed on or after
10/1/90).
Form I-688 Temporary Resident Card
annotated “Section 245A” or Section
210”.
Form I-688B Employment Authorization
Card annotated “Provision of Law
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274a. 12(11)” or “Provision of Law
274a.12”.
A receipt issued by the USCIS indicating that an application for issuance of a
replacement document in one of the above listed categories has been made and
the applicant’s entitlement to the document has been verified; or
Other acceptable evidence. If other documents are determined by the USCIS to
constitute acceptable evidence of eligible immigration status, they will be
announced by notice published in the Federal Register
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Chapter 7.B.
VERIFICATION UNDER HOTMA 102/104
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2023-27]
INTRODUCTION
This chapter is applicable upon the PHA’s HOTMA 102/104 compliance date. Prior to
this date, the PHA will follow policies as outlined in Chapter 7.A. of the model policy.
The PHA must verify all information that is used to establish the family’s eligibility and
level of assistance and is required to obtain written authorization from the family in
order to collect the information. Applicants and program participants must cooperate
with the verification process as a condition of receiving assistance. The PHA must not
pass on the cost of verification to the family.
The PHA must follow the verification guidance provided by HUD in Notice PIH 2023-
27 and any subsequent guidance issued by HUD. This chapter summarizes those
requirements and provides supplementary PHA policies.
Part I describes the general verification process. Part II provides more detailed
requirements related to family information. Part III provides information on income and
assets, and Part IV covers mandatory deductions.
Verification policies, rules and procedures will be modified as needed to accommodate
persons with disabilities. All information obtained through the verification process will
be handled in accordance with the records management policies of the PHA.
PART I: GENERAL VERIFICATION REQUIREMENTS
7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516; 24 CFR
982.551; 24 CFR 5.230; AND NOTICE PIH 2023-27]
Consent Forms
The family must supply any information that the PHA or HUD determines is necessary
to the administration of the program and must consent to PHA verification of that
information [24 CFR 982.551]. All adult family members must sign consent forms as
needed to collect information relevant to the family’s eligibility and level of assistance.
While PHAs must use form HUD-9886-A, this form does not release all the information
necessary to the administration of the program. The PHA must also develop its own
release forms to cover all other necessary information.
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Form HUD-9886-A [24 CFR 5.230(b)(1), b(2), (c)(4), and (c)(5); and Notice PIH
2023-27]
All adult applicants and participants sign form HUD-9886-A, Authorization for Release
of Information. All adult family members (and the head and spouse/cohead, regardless
of age) are required to sign the Form HUD-9886-A at admission. Participants, prior to
January 1, 2024, signed and submitted Form HUD-9886 at each annual
reexamination. HOTMA eliminated this requirement and instead required that the
Form HUD-9886-A be signed only once. On or after January 1, 2024 (regardless of
the PHA’s HOTMA compliance date), current program participants must sign and
submit a new Form HUD-9886-A at their next interim or annual reexamination. This
form will only be signed once. Another Form HUD-9886-A will not be submitted to the
PHA except under the following circumstances:
When any person 18 years or older becomes a member of the family;
When a current member of the family turns 18; or
As required by HUD or the PHA in administrative instructions.
The PHA has the discretion to establish policies around when family members must
sign consent forms when they turn 18. PHAs must establish these policies stating
when family members will be required to sign consent forms at intervals other than at
reexamination.
PHA Policy
Family members turning 18 years of age between annual recertifications will be
notified in writing that they are required to sign the required Consent to the
Release of Information Form HUD-9886-A within 10 business days of turning
18 years of age.
The purpose of form HUD-9886-A is to facilitate automated data collection and
computer matching from specific sources and provides the family's consent only for
the specific purposes listed on the form. HUD and the PHA may collect information
from State Wage Information Collection Agencies (SWICAs) and current and former
employers of adult family members. Only HUD is authorized to collect information
directly from the Internal Revenue Service (IRS) and the Social Security
Administration (SSA).
The PHA may obtain any financial record from any financial institution, as the terms
financial record and financial institution are defined in the Right to Financial Privacy
Act (12 U.S.C. 3401), whenever the PHA determines the record is needed to
determine an applicant’s or participant’s eligibility for assistance or level of benefits [24
CFR 5.230(c)(4)].
The executed form will remain effective until the family is denied assistance,
assistance is terminated, or the family provides written notification to the PHA to
revoke consent.
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Penalties for Failing to Consent [24 CFR 5.232]
If any family member who is required to sign a consent form fails to do so, the PHA
must deny admission to applicants and terminate assistance of participants. The
family may request an informal review (applicants) or informal hearing (participants) in
accordance with PHA procedures.
However, this does not apply if the applicant, participant, or any member of their
family, revokes their consent with respect to the ability of the PHA to access financial
records from financial institutions, unless the PHA establishes a policy that revocation
of consent to access financial records will result in denial of admission or termination
of assistance [24 CFR 5.232(c)]. PHAs may not process interim or annual
reexaminations of income without the family’s executed consent forms.
PHA Policy
The PHA has established a policy that revocation of consent to access financial
records will result in denial of admission or termination of assistance in
accordance with PHA policy.
In order for a family to revoke their consent, the family must provide written
notice to the PHA.
Within 10 business days of the date the family provides written notice, the PHA
will send the family a notice acknowledging receipt of the request and
explaining that revocation of consent will result in denial or termination of
assistance, as applicable. At the same time, the PHA will notify their local HUD
office.
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7-I.B. USE OF OTHER PROGRAMS’ INCOME DETERMINATIONS [24 CFR 5.609(C)(3)
AND NOTICE PIH 2023-27]
PHAs may, but are not required to, 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 means-tested federal public assistance programs. PHAs are not
required to accept or use determinations of income from other federal means-tested
forms of assistance. If the PHA adopts a policy to accept this type of verification, the
PHA must establish in policy when they will accept Safe Harbor income
determinations and from which programs. PHAs must also create policies that outline
the course of action when families present multiple verifications from the same or
different acceptable Safe Harbor programs.
Means-tested federal public assistance programs include:
Temporary Assistance for Needy Families (TANF) (42 U.S.C. 601, et seq.);
Medicaid (42 U.S.C. 1396 et seq.);
Supplemental Nutrition Assistance Program (SNAP) (42 U.S.C. 2011 et seq.);
Earned Income Tax Credit (EITC) (26 U.S.C. 32);
Low-Income Housing Tax Credit (LIHTC) program (26 U.S.C. 42);
Special Supplemental Nutrition Program for Woman, Infants, and Children (WIC)
(42 U.S.C. 1786);
Supplemental Security Income (SSI) (42 U.S.C. 1381 et seq.);
Other programs administered by the HUD Secretary;
Other means-tested forms of federal public assistance for which HUD has
established a memorandum of understanding; and
Other federal benefit determinations made in other forms of means-tested federal
public assistance that the Secretary determines to have comparable reliability and
announces through the Federal Register.
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If the PHA elects to use the annual income determination from one of the above-listed
forms of means-tested federal public assistance, then they must obtain the income
information by means of a third-party verification. The third-party verification must
state the family size, must be for the entire family, and must state the amount of the
family’s annual income. The annual income need not be broken down by family
member or income type. Annual income includes income earned from assets,
therefore when using Safe Harbor to verify a family’s income, PHAs will neither further
inquire about a family’s net family assets, nor about the income earned from those
assets, except with respect to whether or not the family owns assets that exceed the
asset limitation in 24 CFR 5.618. The Safe Harbor documentation will be considered
acceptable if any of the following dates fall into the 12-month period prior to the receipt
of the documentation by the PHA:
Income determination effective date;
Program administrator’s signature date;
Family’s signature date;
Report effective date; or
Other report-specific dates that verify the income determination date.
The only information that PHAs are permitted to use to determine income under this
method is the total income determination made by the federal means-tested program
administrator. Other federal programs may provide additional information about
income inclusions and exclusions in their award letters; however, these determinations
and any other information must not be considered by the PHA. PHAs are not
permitted to mix and match Safe Harbor income determinations and other income
verifications.
If the PHA is unable to obtain Safe Harbor documentation or if the family disputes the
other program’s income determination, the PHA must calculate the family’s annual
income using traditional methods as outlined in Notice PIH 2023-27 and this chapter.
If the PHA uses a Safe Harbor determination to determine the family’s income, the
family is obligated to report changes in income that meet the PHA’s reporting
requirement and occur after the effective date of the transaction.
8-6
The amounts of unreimbursed reasonable attendant care expenses and childcare
expenses deducted from a family’s annual income, except for when a family is
approved for a childcare expense hardship exemption, must still be capped by the
amount earned by any family member who is enabled to work as a result of the
expense. PHAs are therefore required to obtain third-party verification of the
applicable employment income and cap the respective expense deductions
accordingly.
PHA Policy
The PHA will not accept verification from other federal assistance programs. All
income will be verified in accordance with the requirements of HUD verification
hierarchy.
7-I.C. STREAMLINED INCOME DETERMINATIONS [24 CFR 960.257(C); NOTICE PIH 2023
-27]
HUD permits PHAs to streamline the income determination process for family
members with fixed sources of income. While third-party verification of all income
sources must be obtained during the intake process and every three years thereafter,
in the intervening years, the PHA may determine income from fixed sources by
applying a verified cost of living adjustment (COLA) or other inflationary adjustment
factor. Streamlining policies are optional. The PHA may, however, obtain third-party
verification of all income, regardless of the source. Further, upon request of the family,
the PHA must perform third-party verification of all income sources.
Fixed sources of income include Social Security and SSI benefits, pensions, annuities,
disability or death benefits, and other sources of income subject to a COLA or rate of
interest. The determination of fixed income may be streamlined even if the family also
receives income from other non-fixed sources.
Two streamlining options are available, depending upon the percentage of the family’s
income that is received from fixed sources.
When 90 percent or more of a family’s unadjusted income is from fixed sources, the
PHA may apply the inflationary adjustment factor to the family’s fixed-income sources,
provided that the family certifies both that 90 percent or more of their unadjusted
income is fixed and that their sources of fixed income have not changed from the
previous year. Sources of non-fixed income are not required to be adjusted and must
not be adjusted by a COLA, but PHAs may choose to adjust sources of non-fixed
income based on third-party verification. PHAs have the discretion to either adjust the
non-fixed income or carry over the calculation of non-fixed income from the first year
to years two and three.
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When less than 90 percent of a family’s unadjusted income consists of fixed income,
PHAs may apply a COLA to each of the family’s sources of fixed income. PHAs must
determine all other income using standard verification requirements as outlined in
Notice PIH 2023-27.
PHA Policy
When the PHA does not use a Safe Harbor income determination from a
federal assistance program to determine the family’s annual income as outlined
above, then PHA will use a streamlined income determinations where
applicable.
Regardless of the percent of a family’s unadjusted income from fixed income
sources:
The PHA will streamline the annual reexamination process by applying
the verified COLA/inflationary adjustment factor to fixed-income sources.
The family will be required to sign a self-certification stating that their
sources of fixed income have not changed from the previous year.
The PHA will document in the file how the determination that a source of
income was fixed was made.
If the family’s sources of fixed income have changed from the previous
year, the PHA will obtain third-party verification of any new sources of
fixed income.
All other income will be verified using third-party verification as outlined
in Notice PIH 2023-27 and Chapter 7 of this policy.
In the following circumstances, regardless of the percentage of income
received from fixed sources, the PHA will obtain third-party verification as
outlined in Notice PIH 2023-27 and Chapter 7 of this policy:
Of all assets when net family assets exceed the HUD-published
threshold ($50,000 for 2024, and $51,600 for 2025);
Of all deductions and allowances from annual income;
If a family member with a fixed source of income is added;
If verification of the COLA or rate of interest is not available;
During the intake process and at least once every three years thereafter.
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7-I.D. VERIFICATION HIERARCHY [NOTICE PIH 2023-27]
When the PHA does not use a streamlined determination of income or an income
determination from a means-tested federal assistance program, HUD requires the
PHA to obtain third-party verification of:
Reported family annual income;
The value of net family assets when the net value exceeds the HUD-published
threshold, as listed in HUD’s Inflation-Adjusted Values tables ($50,000 for 2024,
and $51,600 for 2025);
Expenses related to deductions from annual income; and
Other factors that affect the determination of adjusted income.
HUD mandates the use of the EIV system and offers administrative guidance on the
use of other methods to verify family information and specifies the circumstances in
which each method will be used. In general HUD requires the PHA to use the most
reliable form of verification that is available and to document the reasons when the
PHA uses a lesser form of verification.
In order of priority, the forms of verification that the PHA will use are:
HUD developed a hierarchy that described verification documentation from most
acceptable to least acceptable. The PHA must demonstrate efforts to obtain third party
verification prior to accepting self-certification except instances when self-certification
is explicitly allowed.
In order of priority, the hierarchy is:
Highest: Level 6: Up-front Income Verification (UIV) using HUD’s Enterprise
Income Verification (EIV) system
Highest: Level 5: Up-front Income Verification (UIV) using a non-EIV system
High: Level 4:
-
Written third-party verification from the source, also known as “family-provided
verification”
-
Or EIV plus self-certification
Medium: Level 3: Written third-party verification form
Medium: Level 2: Oral third-party verification
Low: Level 1: Self-certification (not third-party verification)
Each of the verification methods is discussed in subsequent sections below.
File Documentation
The PHA must document in the file how the figures used in income and rent
calculations were determined. All verification attempts, information obtained, and
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decisions reached during the verification process will be recorded in the family’s file in
sufficient detail to demonstrate that the PHA has followed all of the verification policies
set forth in this plan. The record should be sufficient to enable a staff member or HUD
reviewer to understand the process followed and conclusions reached.
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7-I.E. LEVEL 5 AND 6 VERIFICATIONS: UP-FRONT INCOME VERIFICATION (UIV)
Up-front income verification (UIV) refers to the PHA’s use of the verification tools
available from independent sources that maintain computerized information about
earnings and benefits for a number of individuals. PHAs may use UIV sources before
or during a family reexamination.
UIV will be used to the extent that these systems are available to the PHA.
There may be legitimate differences between the information provided by the family
and UIV-generated information. If the family disputes the accuracy of UIV data, no
adverse action can be taken until the PHA has independently verified the UIV
information and the family has been granted an opportunity to contest any adverse
findings through the informal review/hearing process of the PHA.
HUD’s Enterprise Income Verification (EIV) System (Mandatory)
PHAs must use HUD’s EIV system in its entirety as a third-party source to verify
tenant employment and income information during annual and streamlined
reexaminations of family composition and income in accordance with 24 CFR 5.236
and Notice PIH 2023-27.
HUD’s EIV system contains data showing earned income, unemployment benefits,
social security benefits, and SSI benefits for participant families.
The income validation tool (IVT) in EIV provides projections of discrepant income for
wages, unemployment compensation, and SSA benefits pursuant to HUD’s data
sharing agreements with other departments.
The following policies apply to the use of HUD’s EIV system.
EIV Income Report
PHAs are required to obtain an EIV Income Report for each family any time the PHA
conducts an annual reexamination. However, PHAs are not required to use the EIV
Income Report:
At annual reexamination if the PHA used Safe Harbor verification from another
means-tested federal assistance program to determine the family’s income; or
During any interim reexaminations.
The EIV Income Report is also not available for program applicants at admission.
When required to use the EIV Income Report, in order for the report to be considered
current, the PHA must pull the report within 120 days of the effective date of the
annual reexamination.
8-11
The EIV Income Report may be used to verify and calculate income at annual
reexamination if the family self-certifies that the amount is accurate and representative
of current income. The family must be provided with the information in EIV.
PHA Policy
The PHA will obtain an EIV Income Report for all annual reexaminations for all
families on a monthly basis. The PHA will ensure that all EIV Income Reports
are pulled within 120 days of the effective date of the annual reexamination.
Income reports will only be used for interim reexaminations as necessary. For
example, EIV may be used to verify that families claiming zero income are not
receiving income from any sources listed in EIV.
Income reports will be retained in participant files with the applicable annual
documents or interim reexamination documents (if applicable) for the duration
of the family’s participation.
When the PHA determines through EIV reports and third-party verification that
a family has concealed or under-reported income, corrective action will be
taken pursuant to the policies in Chapter 14, Program Integrity.
New Hires Report [Notice PIH 2023-27]
The New Hires Report identifies participant families who have new employment within
the last six months. The report is updated monthly.
PHAs must review this information at annual reexamination except when the PHA
uses Safe Harbor verification from another means-tested federal assistance program
to determine the family’s income.
PHAs that do not require families to undergo interim reexaminations for earned
income increases after an interim decrease are not required to review this report
between a family’s annual reexamination. If the PHA requires an interim for increases
in earned income after an interim decrease, then the PHA must review the report
quarterly after the family’s interim decrease.
PHA Policy
In accordance with PHA policies in Chapter 11, the PHA does not process
interim reexaminations for families who have increases in earned income.
8-12
No Income Reported by HHS or SSA Report
This report is a tool for PHAs to identify participants who passed the SSA identity test,
but no income information was reported by either HHS or SSA records. This scenario
does not mean that the participant does not have any income. PHAs obtain written,
third-party verification of any income reported by the participant. The PHA must
identify in its policies and procedures when this report will be pulled [Notice PIH 2023-
27].
PHA Policy
The PHA will generate the No Income Reported by HHS or SSA Report
quarterly and will retain the report.
The PHA will re-verify the status of participants identified on the report. Based
on the information provided by the family and in EIV, the PHA may require that
family members provide verifications or sign release forms in order to obtain
additional verification.
When the PHA determines through this report and third-party verification that a
family has concealed or under-reported income, corrective action will be taken
pursuant to the policies in Chapter 14, Program Integrity
EIV Identity Verification Report
The EIV system verifies tenant identities against SSA records. These records are
compared to HUD data for a match on social security number, name, and date of birth.
PHAs are required to use EIV’s Identity Verification Report on a monthly basis to
improve the availability of income information in EIV [Notice PIH 2023-27].
When identity verification for a participant fails, a message will be displayed within the
EIV system and no income information will be displayed.
PHA Policy
The PHA will identify participants whose identity verification has failed by
reviewing EIV’s Identity Verification Report on a monthly basis.
The PHA will attempt to resolve discrepancies by obtaining appropriate
documentation from the participant. When the PHA determines that
discrepancies exist as a result of PHA errors such as spelling errors or incorrect
birth dates, it will correct the errors promptly.
8-13
Deceased Tenants Reports [Notice PIH 2012-4 and Notice PIH 2023-27]
The Deceased Tenant Report identifies residents that have been reported by the SSA
as deceased. The PHA is required to review the report at least quarterly.
PHA Policy
The PHA will review the Deceased Tenants Report on a monthly basis.
When the Deceased Tenants Report identifies an individual as being deceased, PHAs
must immediately send a letter to the head of household or emergency contact person
(if the head of household is deceased and there is no other adult household member)
to confirm the death of the listed household member. The PHA must notify the owner
in writing of the deceased head of household.
PHAs may list the EOP as the last day of the month in which the death occurred. The
landlord is entitled to receive the full HAP amount for the month in which the tenant
death occurred.
PHA Policy
The PHA will list the EOP as the last day of the month in which the death
occurred. The landlord is entitled to receive the full HAP amount for the month
in which the tenant death occurred.
When the only remaining household member is the live-in aide, the live-in aide is not
entitled or eligible for any rental assistance or continued occupancy. The PHA may not
designate the live-in aide as the new head of household or change the relation code
on the Form HUD-50058.
Other EIV Reports [Notice PIH 2023-27]
The PHA is required to review the Multiple Subsidy Report at least quarterly and the
Failed EIV Pre-Screening and Failed Verification (Failed SSA Identity Test) reports at
least monthly.
Upfront Income Verification Using Non-HUD Systems
In addition to mandatory use of the EIV system, HUD encourages PHAs to utilize
other upfront verification sources.
PHA Policy
The PHA will inform all applicants and participants of its use of the following
UIV resources:
The Work Number
8-14
7-I.F. LEVEL 4 VERIFICATION [NOTICE PIH 2023-27]
HUD identifies two types of Level 4 verification: written-third party verification from the
source and EIV + self-certification.
EIV + Self-Certification
EIV may be used as written third-party verification and may be used to calculate
income if the family agrees with the information in EIV and self-certifies that the
amount is accurate and representative of current income. This practice is known as
EIV + self-certification. When calculating income using this method, the PHA may use
its discretion to determine which method of calculation is reasonable: the last four
quarters combined or an average of any number of quarters. The family must be
provided with the information from EIV.
PHA Policy
At annual reexamination, if there are no reported changes to an income source,
the PHA will use EIV + self-certification as verification of employment income,
provided the family agrees with the amounts listed in EIV.
The PHA will use an average of the last two quarters of income listed in EIV to
determine income from employment. The PHA will provide the family with the
information in EIV. The family will be required to sign a self-certification stating
that the amount listed in EIV is accurate and representative of current income.
If the family disagrees with using only the last two quarters of income listed in
EIV, because of the seasonal or otherwise fluctuating nature of a particular
family member’s employment, the PHA will permit the family to sign a self-
certification stating that the average of all four quarters of income listed in EIV
is accurate and representative of current annual income and use that amount
for calculating annual income. If the family disagrees and contends that the
amount listed in EIV is not reflective of current income, or if less than two
quarters are available in EIV, the PHA will use written third-party verification
from the source as outlined below.
The PHA will not use this method of verification at new admission since EIV is
not available for applicant families or at interim reexamination since the income
information in EIV is not current.
Written Third-Party Verification from the Source
Written, third-party verification from the source is also known as “tenant-provided
verification.” In order to qualify as written-third party verification from the source, the
documents must be original or authentic and (generally) dated within 120 days of the
date received by the PHA. For fixed-income sources, a statement dated within the
appropriate benefit year is acceptable documentation. The PHA may use the
verification obtained during an interim reexamination for an annual reexamination if
there have been no other changes to annual income since the interim reexamination.
Documents may be supplied by the family or received from a third-party source.
8-15
Examples of acceptable tenant-provided documents include, but are not limited to pay
stubs, payroll summary reports, employer notice or letters of hire and termination, SSA
benefit verification letters, bank statements, child support payment stubs, welfare
benefit letters and/or printouts, and unemployment monetary benefit notices. 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.
The PHA is required to obtain, at minimum, two current and consecutive pay stubs
when calculating income using third-party verification from the source. For new
income sources or when two pay stubs are not available, the PHA should determine
income based on the information from a traditional written, third-party verification form
or the best available information.
When the family disputes EIV-reported employment income, the PHA uses written
third-party verification.
When verification of assets is required, PHAs are required to obtain a minimum of one
statement that reflects the current balance of banking/financial accounts.
PHA Policy
In general, the PHA will use third-party verification from the source in the
following circumstances:
At annual reexamination when EIV + self-certification is not used;
For all new admissions; and
For all interim reexaminations.
The PHA will not use this method if the PHA is able to use an income
determination from a means-tested federal assistance program or if the PHA
uses EIV + self-certification as outlined above.
In general, third-party documents provided by the family or the source must be
dated within 120 days of the date received by the PHA. However, for fixed-
income sources, a statement dated within the appropriate benefit year is
acceptable documentation.
The PHA may reject documentation provided by the family if the document is
not an original, if the document appears to be forged, or if the document is
altered, mutilated, or illegible. If the PHA determines that third-party documents
provided by the family are not acceptable, the PHA will explain the reason to
the family and request additional documentation from the family or will use a
lower form of verification such as a written third-party verification form.
When verification of assets held by a banking or financial institution is required,
the PHA will obtain one statement that reflects the current balance of the
account.
8-16
When pay stubs are used, the PHA will require the family to provide the two
most current and consecutive pay stubs when pay is received bi-weekly or semi
-monthly, four paystubs when received weekly, and one paystub when received
monthly. At the PHA’s discretion, if additional paystubs are needed due to the
family’s circumstances (e.g., sporadic income, fluctuating schedule, etc.), the
PHA may request additional paystubs or a payroll record.
8-17
7-I.G. LEVEL 3 VERIFICATION: WRITTEN, THIRD-PARTY FORM [NOTICE PIH 2023 -27]
This type of verification is a form developed by the PHA and used uniformly for all
families when needed to collect information from a third-party source. This is known as
“traditional third-party verification.” PHAs send a PHA-developed form directly to the
third-party source by mail, fax, or email and the source completes the form by hand (in
writing or typeset).
The PHA may use this method when higher forms are unavailable or are rejected by
the PHA or when the family is unable to provide acceptable verification. The PHA may
skip this level of verification and may instead substitute oral third-party verification
before moving to self-certification.
PHA Policy
Typically, the PHA will attempt to send written third-party verification forms to
the verification source whenever higher forms of verification are unavailable.
However, on a case-by-case basis, the PHA may choose to obtain oral third-
party verification without first attempting, and in lieu of, a written-third party
verification form.
7.I.H. LEVEL 2: ORAL THIRD-PARTY VERIFICATION [NOTICE PIH 2023-27]
For third-party oral verification, PHAs contact sources, identified by UIV techniques or
by the family, by telephone or in person.
Third-party oral verification may be used when requests for written third-party
verification forms have not been returned within a reasonable time—e.g., 10 business
days.
PHAs must document in the file the date and time of the telephone call or visit, the
name of the person contacted, the telephone number, as well as the information
confirmed.
The PHA may skip this level of verification if they attempted written third-party
verification via a form and the source did not respond and move directly to self-
certification.
PHA Policy
In general, the PHA will attempt to obtain written third-party verification via a
form from the verification source. If written third-party verification forms are not
returned within 10 business days, the PHA will attempt to obtain oral third-party
verification. If the PHA is unable to obtain oral verification, the PHA will accept
notarized self-certification from the family.
However, if the PHA chooses to obtain oral third-party verification, the PHA will
document in the file the date of the telephone call or visit, the name of the
person contacted and the telephone number, as well as the information
confirmed.
8-18
When Third-Party Verification is Not Required [Notice PIH 2023-27]
Third-party verification may not be available in all situations. HUD has acknowledged
that it may not be cost-effective or reasonable to obtain third-party verification of
income, assets, or expenses when these items would have a minimal impact on the
family’s total tenant payment.
PHA Policy
If the family cannot provide original documents, the PHA will pay the service
charge required to obtain third-party verification, unless it is not cost effective in
which case a notarized self-certification will be acceptable as the only means of
verification. The cost of verification will not be passed on to the family.
Primary Documents
Third-party verification is not required when legal documents are the primary source,
such as a birth certificate or other legal documentation of birth.
8-19
7-I.I. LEVEL 1: NON-THIRD-PARTY VERIFICATION: SELF-CERTIFICATION [NOTICE PIH
2023-27]
Non-third-party verification consists of a signed statement of reported income and/or
expenses. This verification method should be used as a last resort when the PHA has
not been successful in obtaining information via all other required verification
techniques.
Self-certification, however, is an acceptable form of verification when:
A source of income is fully excluded
Net family assets are less than or equal to the HUD-published threshold ($50,000
for 2024, and $51,600 for 2025) and the PHA has adopted a policy to accept self
certification
The family declares that they do not have any present ownership in any real
property
A family reports zero income;
A family states that they have non-recurring income that will not be repeated in the
coming year; and/or
The PHA has adopted a policy to implement streamlined verification for fixed
sources of income (See Chapter 11)
When the PHA was required to obtain third-party verification but instead relies on self-
certification, the family’s file must be documented to explain why third-party verification
was not available.
HUD does not require that a self-certification be notarized; however, HUD
recommends including language on any self-certification to ensure the certifier
understands the consequences of knowingly providing false information.
PHA Policy
When information cannot be verified by a third party or by review of documents,
family members will be required to submit notarized self-certifications attesting
to the accuracy of the information they have provided to the PHA.
The PHA may require a family to certify that a family member does not receive
a particular type of income or benefit.
The notarized self-certification must be made in a format acceptable to the PHA
and must be signed by the family member whose information or status is being
verified.
8-20
Part II: Verifying FAMILY INFORMATION
7-II.A. VERIFICATION OF LEGAL IDENTITY
PHA Policy
The PHA will require families to furnish verification of legal identity for each
household member.
Verification of Legal Identity for
Adults
Verification of Legal Identity for
Children
Certificate of birth, naturalization
papers
Church issued baptismal certificate
Current, valid driver’s license or
Department of Motor Vehicles
identification card
U.S. military discharge (DD 214)
Current U.S. passport
Current government employer
identification card with picture
Certificate of birth
Adoption papers
Custody agreement
Health and Human Services ID
Certified school records
If a document submitted by a family is illegible for any reason or otherwise
questionable, more than one of these documents may be required.
If none of these documents can be provided and at the PHA’s discretion, a third
party who knows the person may attest to the person’s identity. The certification
must be provided in a format acceptable to the PHA and must be signed by the
family member whose information or status is being verified.
Legal identity will be verified for all applicants at the time of eligibility
determination and in cases where the PHA has reason to doubt the identity of a
person representing themselves to be a participant.
8-21
7-II.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, NOTICE PIH 2023-27]
The family must provide documentation of a valid Social Security number (SSN) for
each member of the household, with the exception of individuals who do not contend
eligible immigration status. Exemptions also include existing program participants who
were at least 62 years of age as of January 31, 2010, and had not previously
disclosed an SSN.
Note that an individual who previously declared to have eligible immigration status
may not change their declaration for the purpose of avoiding compliance with the SSN
disclosure and documentation requirements or penalties associated with
noncompliance with these requirements. Nor may the head of household opt to
remove a household member from the family composition for this purpose.
The PHA must accept the following documentation as acceptable evidence of the
social security number:
An original SSN card issued by the Social Security Administration (SSA)
An original SSA-issued document, which contains the name and SSN of the
individual
An original document issued by a federal, state, or local government agency, which
contains the name and SSN of the individual
While PHAs must attempt to gather third-party verification of SSNs prior to admission
as listed above, PHAs also have the option of accepting a self-certification and a third-
party document (such as a bank statement, utility or cell phone bill, or benefit letter)
with the applicant’s name printed on it to satisfy the SSN disclosure requirement if the
PHA has exhausted all other attempts to obtain the required documentation. If
verifying an individual’s SSN using this method, the PHA must document why the
other SSN documentation was not available.
If the tenant’s SSN becomes verified in EIV, then no further verification is required. If
the tenant’s SSN fails the SSA identity match, then the PHA must obtain a valid SSN
card issued by the SSA or an original document issued by a federal or state
government agency that contains the name of the individual and the SSN of the
individual, along with other identifying information of the individual. The tenant’s
assistance must be terminated if they fail to provide the required documentation.
PHA Policy
The PHA will verify an individual’s SSN in the situations described above using
the method described above as a last resort when no other forms of verification
of the individual’s SSN are available.
8-22
The PHA may only reject documentation of an SSN provided by an applicant or
participant if the document is not an original document or if the original document has
been altered, mutilated, is illegible, or appears to be forged.
PHA Policy
The PHA will explain to the applicant or participant the reasons the document is
not acceptable and request that the individual obtain and submit acceptable
documentation of the SSN to the PHA within 90 days.
In the case of Moderate Rehabilitation Single Room Occupancy (SRO) individuals, the
required documentation must be provided within 90 calendar days from the date of
admission into the program. The PHA must grant one additional 90-day extension if it
determines that the applicant’s failure to comply was due to circumstances that were
beyond the applicant’s control and could not have been reasonably foreseen.
PHA Policy
The PHA will grant one additional 90-day extension if needed for reasons
beyond the participant’s control such as delayed processing of the SSN
application by the SSA, natural disaster, fire, death in the family, or other
emergency. If the individual fails to comply with SSN disclosure and
documentation requirements upon expiration of the provided time period, the
PHA will terminate the individual’s assistance.
If an applicant family includes a child under 6 years of age who joined the household
within the 6 months prior to the date of voucher issuance, an otherwise eligible family
may be admitted to the program and the family must provide documentation of the
child’s SSN within 90 days of the effective date of the initial HAP contract. A 90-day
extension will be granted if the PHA determines that the participant’s failure to comply
was due to unforeseen circumstances and was outside of the participant’s control.
PHA Policy
The PHA will grant one additional 90-day extension if needed for reasons
beyond the applicant’s control, such as delayed processing of the SSN
application by the SSA, natural disaster, fire, death in the family, or other
emergency.
When a participant requests to add a new household member who is at least 6 years
of age, or who is under the age of 6 and has an SSN, the participant must provide the
complete and accurate SSN assigned to each new member at the time of
reexamination or recertification, in addition to the documentation required to verify it.
The PHA may not add the new household member until such documentation is
provided.
8-23
When a participant requests to add a new household member who is under the age of
6 and has not been assigned an SSN, the participant must provide the SSN assigned
to each new child and the required documentation within 90 calendar days of the child
being added to the household. A 90-day extension will be granted if the PHA
determines that the participant’s failure to comply was due to unforeseen
circumstances and was outside of the participant’s control. During the period the PHA
is awaiting documentation of the SSN, the child will be counted as part of the assisted
household.
PHA Policy
The PHA will grant one additional 90-day extension if needed for reasons
beyond the participant’s control such as delayed processing of the SSN
application by the SSA, natural disaster, fire, death in the family, or other
emergency.
Social security numbers must be verified only once during continuously assisted
occupancy.
PHA Policy
The PHA will verify each disclosed SSN by:
Obtaining documentation from applicants and participants that is
acceptable as evidence of social security numbers
Making a copy of the original documentation submitted, returning it to the
individual, and retaining a copy in the file folder
Once the individual’s verification status is classified as “verified,” the PHA may, at its
discretion, remove and destroy copies of documentation accepted as evidence of
social security numbers. The retention of the EIV Summary Report or Income Report
is adequate documentation of an individual’s SSN.
PHA Policy
Once an individual’s status is classified as “verified” in HUD’s EIV system, the
PHA will not remove and destroy copies of documentation accepted as
evidence of social security numbers.
7-II.C. DOCUMENTATION OF AGE
A birth certificate or other official record of birth is the preferred form of age verification
for all family members. For elderly family members an original document that provides
evidence of the receipt of social security retirement benefits is acceptable.
PHA Policy
If an official record of birth or evidence of social security retirement benefits
cannot be provided, the PHA will require the family to submit other documents
8-24
that support the reported age of the family member (e.g., school records,
driver's license if birth year is recorded) and to provide a self-certification.
Age must be verified only once during continuously assisted occupancy.
8-25
7-II.D. FAMILY RELATIONSHIPS
Applicants and program participants are required to identify the relationship of each
household member to the head of household. Definitions of the primary household
relationships are provided in the Eligibility chapter.
PHA Policy
Family relationships are verified only to the extent necessary to determine a
family’s eligibility and level of assistance. Certification by the head of household
normally is sufficient verification of family relationships.
Marriage
PHA Policy
Certification by the head of household is normally sufficient verification. If the
PHA has reasonable doubts about a marital relationship, the PHA will require
the family to document the marriage.
A marriage certificate generally 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 (e.g., by telling the community they are married,
calling each other husband and wife, using the same last name, filing joint
income tax returns).
Separation or Divorce
PHA Policy
Certification by the head of household is normally sufficient verification. If the
PHA has reasonable doubts about a separation or divorce, the PHA will require
the family to provide documentation of the divorce or separation.
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.
Absence of Adult Member
PHA Policy
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., documentation of another
address at which the person resides such as a lease or utility bill), if the PHA so
requests.
Foster Children and Foster Adults
PHA Policy
8-26
Third-party verification from the state or local government agency responsible
for the placement of the individual with the family is required.
8-27
7-II.E. VERIFICATION OF STUDENT STATUS
General Requirements
PHA Policy
The PHA 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 reports full-time student status for an adult other than the
head, spouse, or cohead.
The family reports childcare expenses to enable a family member to
further their education.
The family includes a student enrolled in an institution of higher
education.
Restrictions on Assistance to Students Enrolled in Institutions of Higher
Education
This section applies only to students who are seeking assistance on their own,
separately from their parents. It does not apply to students residing with parents who
are seeking or receiving HCV assistance.
PHA Policy
In accordance with the verification hierarchy described in section 7-I.B, the PHA
will determine whether the student is exempt from the restrictions in 24 CFR
5.612 by verifying any one of the following exemption criteria:
The student is enrolled at an educational institution that does not meet
the definition of institution of higher education in the Higher Education
Act of 1965 (see section Exhibit 3-2).
The student is at least 24 years old.
The student is a veteran, as defined in section 3-II.E.
The student is married.
The student has at least one dependent child, as defined in section 3-
II.E.
The student is a person with disabilities, as defined in section 3-II.E, and
was receiving assistance prior to November 30, 2005.
If the PHA cannot verify at least one of these exemption criteria, the PHA will
conclude that the student is subject to the restrictions on assistance at 24 CFR
8-28
5.612. In addition to verifying the student’s income eligibility, the PHA will then
proceed to verify either the student’s parents’ income eligibility (see section 7-
III.M) or the student’s independence from their parents (see below).
8-29
Independent Student
PHA Policy
The PHA will verify a student’s independence from their parents to determine
that the student’s parents’ income is not relevant for determining the student’s
eligibility by doing all of the following:
Either reviewing and verifying previous address information to determine
whether the student has established a household separate from their
parents for at least one year, or reviewing and verifying documentation
relevant to determining whether the student meets the U.S. Department
of Education’s definition of independent student (see section 3-II.E)
Reviewing the 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 (see section
3-II.E)
Requesting and obtaining written certification directly from the student’s
parents identifying the amount of support they will be providing to the
student, even if the amount of support is $0, except in cases in which the
PHA determines that the student is a vulnerable youth (see section 3-
II.E)
7-II.F. DOCUMENTATION OF DISABILITY
The PHA must verify the existence of a disability in order to allow certain income
disallowances and deductions from income. The PHA is not permitted to inquire about
the nature or extent of a person’s disability [24 CFR 100.202(c)]. The PHA may not
inquire about a person’s diagnosis or details of treatment for a disability or medical
condition. If the PHA receives a verification document that provides such information,
the PHA will not place this information in the tenant file. Under no circumstances will
the PHA request a participant’s medical record(s). For more information on health care
privacy laws, see the Department of Health and Human Services’ website at
http://www.hhs.gov/ocr/privacy/.
The above cited regulation does not prohibit the following inquiries, provided these
inquiries are made of all applicants, whether or not they are persons with disabilities
[VG, p. 24]:
Inquiry into an applicant’s ability to meet the requirements of ownership or tenancy
Inquiry to determine whether an applicant is qualified for a dwelling available only
to persons with disabilities or to persons with a particular type of disability
Inquiry to determine whether an applicant for a dwelling is qualified for a priority
available to persons with disabilities or to persons with a particular type of disability
Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of
a controlled substance
8-30
Inquiring whether an applicant has been convicted of the illegal manufacture or
distribution of a controlled substance
8-31
Family Members Receiving SSA Disability Benefits
Verification of the receipt of disability benefits from the Social Security Administration
(SSA) is sufficient verification of disability for the purpose of qualifying for waiting list
preferences (if applicable) or certain income disallowances and deductions [VG, p.
23].
PHA Policy
For family members claiming disability who receive disability benefits from the
SSA, the PHA will attempt to obtain information about disability benefits through
the HUD Enterprise Income Verification (EIV) system. If documentation from
HUD’s EIV System is not available, the PHA will request a current (dated within
the appropriate benefit year) SSA benefit verification letter from each family
member claiming disability status. If the family is unable to provide the
document(s), the PHA will ask the family to request a benefit verification letter
by either calling SSA at 1-800-772-1213, or by requesting it from www.ssa.gov.
Once the applicant or participant receives the benefit verification letter they will
be required to provide it to the PHA.
Family Members Not Receiving SSA Disability Benefits
Receipt of veteran’s disability benefits, worker’s compensation, or other non-SSA
benefits based on the individual’s claimed disability are not sufficient verification that
the individual meets HUD’s definition of disability in 24 CFR 5.403.
PHA Policy
For family members claiming disability who do not receive disability benefits
from the SSA, a knowledgeable professional must provide third-party
verification that the family member meets the HUD definition of disability. See
the Eligibility chapter for the HUD definition of disability. The knowledgeable
professional will verify whether the family member does or does not meet the
HUD definition.
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7-II.G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508]
Overview
Housing assistance is not available to persons who are not citizens, nationals, or
eligible immigrants. Prorated assistance is provided for "mixed families" containing
both eligible and ineligible persons. A detailed discussion of eligibility requirements is
in the Eligibility chapter. This verifications chapter discusses HUD and PHA
verification requirements related to citizenship status.
The family must provide a certification that identifies each family member as a U.S.
citizen, a U.S. national, an eligible noncitizen or an ineligible noncitizen and submit the
documents discussed below for each family member. Once eligibility to receive
assistance has been verified for an individual it need not be collected or verified again
during continuously-assisted occupancy. [24 CFR 5.508(g)(5)]
U.S. Citizens and Nationals
HUD requires a declaration for each family member who claims to be a U.S. citizen or
national. The declaration must be signed personally by any family member 18 or older
and by a guardian for minors.
The PHA may request verification of the declaration by requiring presentation of a
birth certificate, United States passport or other appropriate documentation.
PHA Policy
Family members who claim U.S. citizenship or national status will not be
required to provide additional documentation unless the PHA receives
information indicating that an individual’s declaration may not be accurate.
Eligible Immigrants
Documents Required
All family members claiming eligible immigration status must declare their status in the
same manner as U.S. citizens and nationals.
The documentation required for eligible noncitizens varies depending upon factors
such as the date the person entered the U.S., the conditions under which eligible
immigration status has been granted, age, and the date on which the family began
receiving HUD-funded assistance. Exhibit 7-1 at the end of this chapter summarizes
documents family members must provide.
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PHA Verification [HCV GB, pp. 5-3 and 5-7]
For family members age 62 or older who claim to be eligible immigrants, proof of age
is required in the manner described in 7-II.C. of this plan. No further verification of
eligible immigration status is required.
For family members under the age of 62 who claim to be eligible immigrants, the PHA
must verify immigration status with the United States Citizenship and Immigration
Services (USCIS).
The PHA will follow all USCIS protocols for verification of eligible immigration status.
7-II.H. VERIFICATION OF PREFERENCE STATUS
The PHA must verify any preferences claimed by an applicant that determined
placement on the waiting list.
PHA Policy
The PHA will offer a preference to any family that has been terminated from its
HCV program due to insufficient program funding. The PHA will verify this
preference using the PHA’s termination records.
The PHA also offers a preference for victims of domestic violence, dating
violence, sexual assault, stalking, or human trafficking, as described in Section
4-III.C. To verify that applicants qualify for the preference, the PHA will follow
documentation requirements outlined in Section 16-IX.D.
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PART III: Verifying Income AND ASSETS
Chapter 6 of this plan describes in detail the types of income that are included and
excluded and how assets and income from assets are handled. Any income reported
by the family must be verified. This part provides PHA policies that supplement the
general verification procedures specified in Part I of this chapter.
PHA Policy
The following policies do not apply when the PHA uses a Safe Harbor income
determination from a means-tested federal assistance program.
7-III.A. EARNED INCOME
Tips
PHA Policy
Unless tip income is included in a family member’s W-2 by the employer or in
UIV verification sources, persons who work in industries where tips are
standard will be required to sign a certified estimate of tips received for the prior
year or tips anticipated to be received in the coming year.
Wages
PHA Policy
When the PHA requires third-party verification of wages, for wages other than
tips, the family must provide originals of the two most current and consecutive
pay stubs when pay is received bi-weekly or semi-monthly, four paystubs when
received weekly, and one when received monthly.
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7-III.B. BUSINESS AND SELF EMPLOYMENT INCOME
The PHA must obtain written, third-party verification when the income type is not
available in EIV. This includes income from self-employment.
PHA Policy
Business owners and self-employed persons will be required to provide:
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.).
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.
For self-employed individuals who claim they do not have to file tax returns,
The PHA will obtain a completed copy of IRS Form 4506-T to verify that no
return has been filed.
For those employed in “gig employment” (i.e., those in formal agreements with
on-demand companies such as Uber, Lyft, or DoorDash), the PHA will provide
a format for the individual to declare their income and expenses. The PHA will
also review the printed statement of monthly income from the applicable app for
all hours worked and pay received as well as the Schedule C of the individual’s
tax return and the corresponding IRS Form 1099 or 1099k.
The PHA 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 to its accuracy at all future reexaminations. At any
reexamination the PHA 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 less than three (3) months, the
PHA will accept the family member's certified estimate of income and schedule
an interim reexamination in three (3) months. If the family member has been
self-employed for three (3) to twelve (12) months the PHA will require the family
to provide documentation of income and expenses for this period and use that
information to project income.
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7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS
For policies governing streamlined income determinations for fixed sources of income,
please see Chapter 11.
Social Security/SSI Benefits [Notice PIH 2023-27]
Verification requirements for Social Security (SS) and Supplemental Security Income
(SSI) benefits differ for applicants and participants.
For applicants, since EIV does not contain SS or SSI benefit information, the PHA
must ask applicants to provide a copy of their current SS and/or SSI benefit letter
(dated within the appropriate benefit year) for each family member that receives SS
and/or SSI benefits. If the family is unable to provide the document or documents, the
PHA should help the applicant request a benefit verification letter from SSA’s website
at www.ssa.gov or ask the family to request one by calling SSA at 1-800-772-1213.
The PHA must obtain the original benefit letter from the applicant, make a photocopy
of the document for the file, and return the original to the family.
For participants, the PHA must obtain information through the HUD EIV system and
confirm with the participants that the current listed benefit amount is correct.
If the participant agrees with the amount reported in EIV, the PHA must use the
EIV-reported gross benefit amount to calculate annual income from Social
Security. PHAs are required to use the EIV-reported SS and SSI benefit amounts
when calculating income unless the tenant disputes the EIV-reported amount. For
example, an SSA benefit letter may list the monthly benefit amount as $450.80 and
EIV displays the amount as $450.00. The PHA must use the EIV-reported amount
unless the participant disputes the amount.
If the participant disputes the EIV-reported benefit amount, or if benefit information
is not available in EIV, the PHA must request a current SSA benefit verification
letter (dated within the appropriate benefit year) from each family member that
receives SS and/or SSI benefits. If the family is unable to provide the document or
documents, the PHA should help the participant request a benefit verification letter
from SSA’s website at www.ssa.gov or ask the family to request one by calling
SSA at 1-800-772-1213. The PHA must obtain the original benefit letter from the
participant, make a photocopy of the document for the file, and return the original
to the family.
Photocopies of social security checks or bank statements are not acceptable forms of
verification for SS/SSI benefits.
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7-III.D. ALIMONY OR CHILD SUPPORT [NOTICE PIH 2023-27]
Annual income includes “all amounts received,” not the amount that a family may be
legally entitled to receive but which they do not receive. For example, a family’s child
support or alimony income must be based on payments received, not the amounts to
which the family is entitled by court or agency orders. A copy of a court order or other
written payment agreement alone may not be sufficient verification of amounts
received by a family.
PHA Policy
Verification will be obtained in the following order of priority:
Copies of the receipts and/or payment stubs for the 12 months prior to
PHA request
Third-party verification form from the state or local child support
enforcement agency
Third-party verification form from the person paying the support
Family's self-certification of amount received
Note: Families are not required to undertake independent enforcement action.
7-III.E. NONRECURRING INCOME [NOTICE PIH 2023-27]
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. PHAs may
accept a self-certification from the family stating that the income will not be repeated in
the coming year.
PHA Policy
The PHA will accept self-certification from the family stating that income will not
be repeated in the coming year. However, the PHA may choose, on a case-by-
case basis, to require third-party verification that income sources will not be
repeated in the coming year.
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7-III.F. ASSETS AND INCOME FROM ASSETS
Net Family Assets [24 CFR 5.603]
At admission and reexam, for families with net assets less than or equal to the HUD-
published threshold listed in HUD’s current year Inflation-Adjusted Values tables
($50,000 for 2024, $51,600 for 2025), the PHA may, but is not required to, accept the
family’s self-certification that the family’s assets do not exceed the HUD-published
threshold without taking any additional steps to verify the accuracy of the declaration.
The declaration must include the amount of income the family expects to receive from
assets which must be included in the family’s income. This includes declaring income
from checking and savings accounts which, although excluded from the calculation of
net family assets (because the combined value of non-necessary personal property
does not exceed the HUD-published threshold), may generate asset income. PHAs
must clarify during the self-certification process which assets are included/excluded
from net family assets.
For PHAs that choose to accept self-certification, the PHA is required to obtain third-
party verification of all assets, regardless of the amount, at least once every three
years.
PHAs who choose not to accept self-certifications of assets must verify all families’
assets on an annual basis.
When net family assets have a total value over the HUD-published threshold, the PHA
may not rely on the family’s self-certification. Third-party verification of assets is
required when net family assets exceed the HUD-published threshold.
When verification of assets is required, PHAs are required to obtain a minimum of one
statement that reflects the current balance of banking/financial accounts.
PHA Policy
For families with net assets less than or equal to the HUD-published threshold
listed in the current year’s Inflation-Adjusted Values tables, the PHA will accept
the family’s self-certification of the value of family assets and anticipated asset
income. The family’s declaration must show the total amount of income
expected from all assets. All family members 18 years of age and older must
sign the family’s declaration. The PHA reserves the right to require additional
verification in situations where the accuracy of the declaration is in question.
Any income the family expects to receive from assets will be included in the
family’s annual income. The family will be required to provide third-party
verification of net family assets every three years.
When verification is required, in determining the value of checking accounts the
PHA will use three most recent and consecutive statements. In determining the
value of savings accounts the PHA will use the most current statement
available.
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In determining the anticipated income from an interest-bearing checking or
savings account when verification is required and the rate of return is known,
the PHA will multiply the current balance of the account by the current rate of
interest paid on the account. If a checking account does not bear interest, the
anticipated income from the account is zero.
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Self-Certification of Real Property Ownership [24 CFR 5.618(b)(2); Notice PIH
2023-27]
The PHA must determine whether a family has present ownership in real property that
is suitable for occupancy for purposes of determining whether the family is compliant
with the asset limitation described in Chapters 3. The PHA may accept a self-
certification from the family stating that the family does not have any present
ownership in any real property. If the family certifies that they do not have any present
ownership interest in real property, the PHA may take that as sufficient to determine
the family is not out of compliance with the real property restriction. If the family
declares they have present ownership in real property, the PHA must obtain third-
party verification of the family’s legal right to reside in the property, the effective legal
authority to sell the property, and whether the property is suitable for occupancy by the
family as a residence.
PHA Policy
The PHA will accept self-certification from the family stating that the family does
not have any present ownership in any real property. The certification must be
signed by all family members 18 years of age and older. The PHA reserves the
right to require additional verification in situations where the accuracy of the
declaration is in question.
If the family declares they have a present ownership in real property, the PHA
will obtain third-party verification of the following factors: whether the family has
the legal right to reside in the property; whether the family has effective legal
authority to sell the property; and whether the property is suitable for occupancy
by the family as a residence. However, in cases where a family member is a
victim of domestic violence, dating violence, sexual assault, stalking, or human
trafficking, the PHA will comply with confidentiality requirements under 24 CFR
5.2007 and will accept a self-certification.
7-III.G. NET INCOME FROM RENTAL PROPERTY
PHA Policy
The family must provide:
A current executed lease for the property that shows the rental amount
or certification from the current tenant.
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).
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If schedule E was not prepared, the PHA 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.
7-III.H. FEDERAL TAX REFUNDS OR REFUNDABLE TAX CREDITS [NOTICE PIH 2023-
27]
PHAs are not required to verify the amount of the family’s federal tax refund or
refundable tax credit(s) if the family’s net assets are less than or equal to the HUD-
published threshold listed in HUD’s current year Inflation-Adjusted Values tables
($50,000 for 2024, $51,600 for 2025), even in years when full verification of assets is
required or if the PHA does not accept self-certification of assets. PHAs must verify
the amount of the family’s federal tax refund or refundable tax credits if the family’s net
assets are greater than the HUD-published threshold.
7-III.I. RETIREMENT ACCOUNTS
PHA Policy
The PHA will accept an original document from the entity holding the account
dated no earlier than 12 months before that reflects any distributions of the
account balance, any lump sums taken, and any regular payments.
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7-III.J. INCOME FROM EXCLUDED SOURCES [NOTICE PIH 2023-27]
A detailed discussion of excluded income is provided in Chapter 6, Part I.
HUD guidance on verification of excluded income draws a distinction between income
which is fully excluded and income which is only partially excluded.
For fully excluded income, the PHA is not required to follow the verification hierarchy,
For fully excluded income, the PHA is not required to document why third-party
verification is not available, or report the income on the 50058. Fully excluded income
is defined as income where the entire amount qualifies to be excluded from the annual
income determination in accordance with 24 CFR 5.609(b) and any Federal Register
notice on mandatory exclusions issued by HUD (for example, food stamps, earned
income of a minor, or foster care funds).
PHAs may accept a family’s signed application or reexamination form as self-
certification of fully excluded income. They do not have to require additional
documentation. However, if there is any doubt that a source of income qualifies for full
exclusion, PHAs have the option of requiring additional verification.
For partially excluded income, the PHA is required to follow the verification hierarchy
and all applicable regulations, and to report the income on the 50058. Partially
excluded income is defined as income where only a certain portion of what is reported
by the family qualifies to be excluded and the remainder is included in annual income
(for example, the income of an adult full-time student).
PHA Policy
The PHA will accept the family’s self-certification as verification of fully
excluded income. The PHA may request additional documentation if necessary
to document the income source.
The PHA will verify the source and amount of partially excluded income as
described in Part 1 of this chapter.
7-III.K. ZERO INCOME FAMILIES [NOTICE PIH 2023-27]
PHAs have discretion to establish reasonable procedures to manage the risk of
unreported income, such as asking families to complete a zero-income worksheet at
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admission or periodically after admission to determine if they have any sources of
unreported income or searching any UIV sources for unreported income.
In calculating annual income, PHAs must not assign monetary value to nonmonetary
in-kind donations from a food bank or similar organization received by the family [24
CFR § 5.609(b)(24)(vi)].
PHAs may accept a self-certification of zero income from the family without taking any
additional steps to verify zero reported income. HUD does not require such self-
certifications be notarized.
PHAs that perform zero income reviews must update local discretionary policies,
procedures, and forms. Families who begin receiving income which does not trigger
an interim reexamination should no longer be considered zero income even though
the family’s income is not reflected on the Form HUD-50058.
PHA Policy
The PHA will check UIV sources and/or may request information from third-
party sources to verify that certain forms of income such as unemployment
benefits, TANF, SS, SSI, earned income, child support, etc., are not being
received by families claiming to have zero annual income.
The PHA will also require that each adult family member who claims zero
income status complete a zero-income form. If any sources of income are
identified on the form, the PHA will verify the income in accordance with the
policies in this chapter prior to including the income in the family’s annual
income.
The PHA will only conduct interims in accordance with PHA policy in Chapter 11
7-III.L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(B)(9)]
The regulations under HOTMA distinguish between two categories of student financial
assistance paid to both full-time and part-time students. Any other grant-in-aid,
scholarship, or other assistance amounts an individual receives for the actual covered
costs charged by the institute of higher education not otherwise excluded by the
federally mandated income exclusions are included [24 CFR 5.609(b)(9)(ii)].
PHA Policy
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The PHA will request written third-party verification of both the source and the
amount of student financial assistance. Family-provided documents from the
educational institution attended by the student will be requested, as well as
documents generated by any other person or entity providing such assistance,
as reported by the student.
In addition, unless the student’s only source of assistance is assistance under
Title IV of the HEA, the PHA will request written verification of the cost of the
student’s tuition, books, supplies, room and board, and other required fees and
charges to the student from the educational institution.
If the PHA is unable to obtain third-party written verification of the requested
information, the PHA will pursue other forms of verification following the
verification hierarchy in section 7-I.B.
7-III.M. PARENTAL INCOME OF STUDENTS SUBJECT TO ELIGIBILITY RESTRICTIONS
If a student enrolled at an institution of higher education is under the age of 24, is not
a veteran, is not married, does not have a dependent child, and is not a person with
disabilities receiving HCV assistance as of November 30, 2005, the income of the
student’s parents must be considered when determining income eligibility, unless the
student is determined independent from their parents or a vulnerable youth in
accordance with PHA policy [24 CFR 5.612, FR Notice 4/10/06, p. 18146, and
FR Notice 9/21/16].
This provision does not apply to students residing with parents who are seeking or
receiving HCV assistance. It is limited to students who are seeking or receiving
assistance on their own, separately from their parents.
PHA Policy
If the PHA is required to determine the income eligibility of a student’s parents,
the PHA will request an income declaration and certification of income from the
appropriate parent(s) (as determined in section 3-II.E). The PHA will send the
request directly to the parents, who will be required to certify to their income
under penalty of perjury. The parents will be required to submit the information
directly to the PHA. The required information must be submitted (postmarked)
within 10 business days of the date of the PHA’s request or within any
extended timeframe approved by the PHA.
The PHA 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
(IRS) 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.
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PART IV: VERIFYING MANDATORY DEDUCTIONS
7-IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS
The dependent and elderly/disabled family deductions require only that the PHA verify
that the family members identified as dependents or elderly/disabled persons meet the
statutory definitions. No further verifications are required.
Dependent Deduction
See Chapter 6 for a full discussion of this deduction. The PHA must verify that:
Any person under the age of 18 for whom the dependent deduction is claimed is
not the head, spouse, or cohead of the family and is not a foster child
Any person age 18 or older for whom the dependent deduction is claimed is not a
foster adult or live-in aide, and is a person with a disability or a full time student
Elderly/Disabled Family Deduction
See Eligibility chapter for a definition of elderly and disabled families and Chapter 6 for
a discussion of the deduction. The PHA must verify that the head, spouse, or cohead
is 62 years of age or older or a person with disabilities.
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7-IV.B. HEALTH AND MEDICAL CARE EXPENSE DEDUCTION
Policies related to medical expenses are found in Chapter 6. The amount of the
deduction will be verified following the standard verification procedures described in
Part I.
The PHA must comply with the Health Insurance Portability and Accountability Act
(HIPAA) (Pub. L. 104-191, 110 Stat. 1936) and the Privacy Act of 1974 (Pub. L. 93-
579, 88 Stat. 1896) when requesting documentation to determine unreimbursed health
and medical care expenses. The PHA may not request documentation beyond what is
sufficient to determine anticipated health and medical care costs. Before placing bills
and documentation in the tenant file, the PHA must redact all personally identifiable
information [FR Notice 2/14/23].
Amount of Expense
PHA Policy
Medical expenses will be verified through:
Written third-party documents provided by the family, such as pharmacy
printouts or receipts.
When income is projected at new admission or interim, the PHA will
make a best effort to determine what expenses from the past are likely to
continue to occur in the future. The PHA will also accept evidence of
monthly payments or total payments that will be due for medical
expenses during the upcoming 12 months.
Written third-party verification forms if the family is unable to provide
acceptable documentation.
Before placing bills and documentation in the tenant file, the PHA will redact all
personally identifiable information. Documentation may also be removed from
the file, in place will be a memorandum indicating the expense verified and
signed off on by the PHA.
If the PHA receives documentation from a verification source that contains the
individual’s specific diagnosis, information regarding the individual’s treatment,
and/or information regarding the nature or severity of the person’s disability, the
PHA will immediately dispose of this confidential information; this information
will never be maintained in the individual’s file. If the information needs to be
disposed of, the PHA will note in the individual’s file that verification was
received, the date received, and the name and address of the
person/organization that provided the verification. Under no circumstances will
PHA include an applicant’s or resident’s medical records in the file [Notice PIH
2010-26].
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In addition, the PHA must verify that:
The household is eligible for the deduction.
The costs to be deducted are qualified health and medical care expenses.
The expenses are not paid for or reimbursed by any other source.
Costs incurred in past years are counted only once.
Eligible Household
The health and medical care expense deduction is permitted only for households in
which the head, spouse, or cohead is at least 62, or a person with disabilities. The
PHA must verify that the family meets the definition of an elderly or disabled family
provided in the Eligibility chapter and as described in Chapter 7 (7-IV.A.) of this plan.
Qualified Expenses
To be eligible for the health and medical care expense deduction, the costs must
qualify as medical expenses. See Chapter 6 for the PHA’s policy on what counts
as a medical expense.
Unreimbursed Expenses
To be eligible for the health and medical care expense deduction, the costs must not
be reimbursed by another source.
PHA Policy
The family will be required to certify that the medical expenses are not paid or
reimbursed to the family from any source. If expenses are verified through a
third party, the third party must certify that the expenses are not paid or
reimbursed from any other source.
Expenses Incurred in Past Years
PHA Policy
At new admission and interim reexam, when anticipated costs are related to on-
going payment of medical bills incurred in past years, the PHA 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
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7-IV.C. DISABILITY ASSISTANCE EXPENSES
Policies related to disability assistance expenses are found in 6-II.E. The amount of
the deduction will be verified following the standard verification procedures described
in Part I.
The PHA must comply with the Health Insurance Portability and Accountability Act
(HIPAA) (Pub. L. 104-191, 110 Stat. 1936) and the Privacy Act of 1974 (Pub. L. 93-
579, 88 Stat. 1896) when requesting documentation to determine unreimbursed
auxiliary apparatus or attendance care costs. The PHA may not request
documentation beyond what is sufficient to determine anticipated reasonable
attendant care and auxiliary apparatus costs. Before placing bills and documentation
in the tenant file, the PHA must redact all personally identifiable information [FR Notice
2/14/23].
Amount of Expense
Attendant Care
PHA Policy
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.
When income is projected at new admission or interim, if third-party
verification is not possible, written family certification as to costs
anticipated to be incurred for the upcoming 12 months.
Before placing bills and documentation in the tenant file, the PHA will redact all
personally identifiable information.
If the PHA receives documentation from a verification source that contains the
individual’s specific diagnosis, information regarding the individual’s treatment,
and/or information regarding the nature or severity of the person’s disability, the
PHA will immediately dispose of this confidential information; this information
will never be maintained in the individual’s file. If the information needs to
disposed of, the PHA will note in the individual’s file that verification was
received, the date received, and the name and address of the
person/organization that provided the verification. Under no circumstances will
PHA include an applicant’s or resident’s medical records in the file [Notice PIH
2010-26].
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Auxiliary Apparatus
PHA Policy
Expenses for auxiliary apparatus will be verified through:
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.
In addition, the PHA must verify that:
The family member for whom the expense is incurred is a person with disabilities
(as described in 7-II.F above).
The expense permits a family member, or members, to work (as described in
Chapter 6.).
The expense is not reimbursed from another source (as described in Chapter 6.).
Family Member is a Person with Disabilities
To be eligible for the disability assistance expense deduction, the costs must be
incurred for attendant care or auxiliary apparatus expense associated with a person
with disabilities. The PHA will verify that the expense is incurred for a person with
disabilities (See 7-II.F.).
Family Member(s) Permitted to Work
The PHA must verify that the expenses claimed actually enable a family member, or
members, (including the person with disabilities) to work.
PHA Policy
The PHA 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, or
members, to work (See 6-II.E.). This documentation may be provided by the
family.
If third-party verification has been attempted and is either unavailable or proves
unsuccessful, the family must certify that the disability assistance expense
frees a family member, or members (possibly including the family member
receiving the assistance), to work.
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Unreimbursed Expenses
To be eligible for the disability expenses deduction, the costs must not be reimbursed
by another source.
PHA Policy
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.
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7-IV.D. CHILDCARE EXPENSES
Policies related to childcare expenses are found in Chapter 6. The amount of the
deduction will be verified following the standard verification procedures described in
Part I of this chapter. In addition, the PHA must verify that:
The child is eligible for care (12 or younger).
The costs claimed are not reimbursed.
The costs enable a family member to work, actively seek work, or further their
education.
The costs are for an allowable type of childcare.
The costs are reasonable.
Eligible Child
To be eligible for the childcare deduction, the costs must be incurred for the care of a
child under the age of 13. The PHA will verify that the child being cared for (including
foster children) is under the age of 13 (See 7-II.C.).
Unreimbursed Expense
To be eligible for the childcare deduction, the costs must not be reimbursed by
another source.
PHA Policy
The family (and the care provider) will be required to certify that the childcare
expenses are not paid or reimbursed to the family from any source.
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Pursuing an Eligible Activity
The PHA must 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.
PHA Policy
Information to be Gathered
The PHA will verify information about how the schedule for the claimed activity
relates to the hours of care provided, the relationship of the family member(s) to
the child, and any special needs of the child that might help determine which
family member is enabled to pursue an eligible activity.
Seeking Work
Whenever possible the PHA will use documentation from a state or local
agency that monitors work-related requirements (e.g., welfare or
unemployment). In such cases the PHA 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 PHA any reports provided to the other agency.
In the event third-party verification is not available, the PHA will provide the
family with a form on which the family member must record job search efforts.
The PHA will review this information at each subsequent reexamination for
which this deduction is claimed.
Furthering Education
The PHA will request third-party documentation to verify that the person
permitted to further their education by the 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.
Gainful Employment
The PHA 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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Allowable Type of Childcare
The type of care to be provided is determined by the family, but must fall within certain
guidelines, as discussed in Chapter 6.
PHA Policy
The PHA will verify that the type of childcare selected by the family is allowable,
as described in Chapter 6.
The PHA 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 PHA 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.
Reasonableness of Expenses
Only reasonable childcare costs can be deducted.
PHA Policy
The actual costs the family incurs will be compared with the PHA’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 PHA will request additional documentation, as required, to support a
determination that the higher cost is appropriate.
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EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS
FOR NONCITIZENS [HCV GB, pp. 5-9 and 5-10]
All noncitizens claiming eligible status must sign a declaration of eligible
immigrant status on a form acceptable to the PHA.
Except for persons 62 or older, all noncitizens must sign a verification consent
form
Additional documents are required based upon the person's status.
Elderly Noncitizens
A person 62 years of age or older who claims eligible immigration status also
must provide proof of age such as birth certificate, passport, or documents
showing receipt of SS old-age benefits.
All other Noncitizens
Noncitizens that claim eligible immigration status also must present the
applicable USCIS document. Acceptable USCIS documents are listed below.
Form I-551 Alien Registration Receipt
Card (for permanent resident aliens)
Form I-94 Arrival-Departure Record
annotated with one of the following:
“Admitted as a Refugee Pursuant
to Section 207”
“Section 208” or “Asylum”
“Section 243(h)” or “Deportation
stayed by Attorney General”
“Paroled Pursuant to Section 221
(d)(5) of the USCIS”
Form I-94 Arrival-Departure Record
with no annotation accompanied by:
A final court decision granting
asylum (but only if no appeal is
taken);
A letter from a USCIS asylum
officer granting asylum (if
application is filed on or after
10/1/90) or from a USCIS district
director granting asylum
(application filed before 10/1/90);
A court decision granting
withholding of deportation; or
A letter from an asylum officer
granting withholding or
deportation (if application filed on
or after 10/1/90).
Form I-688 Temporary Resident Card
annotated “Section 245A” or Section
210”.
Form I-688B Employment Authorization
Card annotated “Provision of Law 274a.
12(11)” or “Provision of Law 274a.12”.
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A receipt issued by the USCIS indicating that an application for issuance of a
replacement document in one of the above listed categories has been made and
the applicant’s entitlement to the document has been verified; or
Other acceptable evidence. If other documents are determined by the USCIS to
constitute acceptable evidence of eligible immigration status, they will be
announced by notice published in the Federal Register
8-57
CHAPTER 8
Housing Quality Standards/Uniform Physical Condition Standards for
HCV (NSPIRE) and Rent Reasonableness Determinations
[24 CFR §982 Subpart I; 24 CFR §982.507]
Introduction
Owners must maintain all units occupied by families receiving Housing Choice
Voucher (HCV) assistance in accordance with housing quality standards. Units
assisted under the program must comply with HUD’s National Standards for the
Physical Inspection of Real Estate (NSPIRE) regulations and standards no later than
October 1, 2025. Until such time, the PHA may continue using the HQS inspection
standards.
All units must pass an NSPIRE 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 as needed, to
determine that the unit meets NSPIRE Protocol.HUD also requires PHAs to determine
that rents for under the program are reasonable when compared to comparable
unassisted units in the market area.
This chapter explains HUD and PHA requirements related to housing quality and rent
reasonableness as follows:
Part I. Physical Standards. This part discusses the physical standards
required of units occupied by HCV-assisted families and identifies decisions
about the acceptability of the unit that may be made by the family based upon
the family's preference. It also identifies life-threatening conditions that must be
addressed on an expedited basis.
Part II. The Inspection Process. This part describes the types of inspections
the PHA will make and the steps that will be taken when units do not meet
NSPIRE.
Part III. Rent Reasonableness Determinations. This part discusses the
policies the PHA will use to make rent reasonableness determinations.
Special NSPIRE requirements for homeownership, manufactured homes, and other
special housing types are discussed in Chapter 15 to the extent that they apply in this
jurisdiction.
NSPIRE and HQS
Even once the HQS inspection standard has sunset, the regulations at 24 CFR Part
982 and 983 governing the HCV and PBV programs will continue to use the terms
HQS and housing quality standards rather than NSPIRE. This is because the
definition of housing quality standards (HQS) at 24 CFR 982.4 means the minimum
quality standards developed by HUD in accordance with 24 CFR 5.703 for the HCV
program, including any variations approved by HUD for the PHA. As such, the model
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policy uses the term housing quality standards whenever applicable regulations use
this term. Except in the chapter describing HQS, the acronym HQS is not used in the
model policy in order to avoid confusion between the umbrella term meaning housing
standards and the specific inspection protocol. The model policy only uses the term
NSPIRE when referring to specific NSPIRE standards.
Part I: PHYSICAL STANDARDS
8-I.A.
GENERAL HUD REQUIREMENTS
HUD Performance and Acceptability Standards
HUD's performance and acceptability standards for HCV-assisted housing are
provided in 24 CFR §982.401. These standards cover the following areas
Sanitary facilities
Food preparation and refuse disposal
Space and Security
Thermal Environment
Illumination and electricity
Structure and materials
Interior Air Quality
Water Supply
Lead-based paint
Access
Site and neighborhood
Sanitary condition
Smoke Detectors
A summary of HUD performance criteria is provided in Attachment 8-1. Additional
guidance on these requirements is found in the following HUD resources:
Housing Choice Voucher Guidebook, Chapter 10
HUD Housing Inspection Manual for Section 8 Housing
HUD Inspection Form, form HUD-52580 (3/01) and Inspection Checklist, form
HUD-52580-A (9/00)
HUD Notice 2003-31, Accessibility Notice: Section 504 of the Rehabilitation Act
of 1973; the Americans with Disabilities Act of 1990; the Architectural Barriers
Act of 1968 and the Fair Housing Act of 1988
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NSPIRE Standards Applicable to HQS [HUD Letter 6/14/24]
Even if the PHA is still under the HQS inspection standard, the PHA must apply the
following requirements under NSPIRE:
The NSPIRE standards for carbon monoxide alarms are currently applicable even
if the PHA has not yet transitioned to NSPIRE;
PHAs are required to comply with the NSPIRE Smoke Alarm Standard prior to
December 3, 2024; and
The Visual Assessment Standard for Potential Lead-Based Paint Hazard in 24
CFR Part 35 Subparts M and H apply.
Tenant Preference Items
HUD requires the PHA to enforce minimum NSPIRE standards but also recognizes
that certain judgments about the acceptability of the unit are left to the family. For
example, the PHA must ensure that the unit contains the required sanitary facilities,
but the family decides whether the cosmetic appearance of the facilities is acceptable.
Exhibit 8-2 summarizes those items that are considered tenant preferences.
Modifications to Provide Accessibility
Under the Fair Housing Act of 1988 an owner must not refuse the request of a family
that contains a person with a disability to make necessary and reasonable
modifications to the unit. Such modifications are at the family's expense. The owner
may require restoration of the unit to its original condition if the modification would
interfere with the owner or next occupant's full enjoyment of the premises. The owner
may not increase a customarily required security deposit. However, the landlord may
negotiate a restoration agreement that requires the family to restore the unit and, if
necessary to ensure the likelihood of restoration, may require the tenant to pay a
reasonable amount into an interest bearing escrow account over a reasonable period
of time. The interest in any such account accrues to the benefit of the tenant. The
owner may also require reasonable assurances that the quality of the work will be
acceptable and that any required building permits will be obtained.[24 CFR §100.203;
Notice 2003-31].
Modifications to units to provide access for a person with a disability must meet all
applicable NSPIRE requirements and conform to the design, construction, or alteration
of facilities contained in the UFAS and the ADA Accessibility Guidelines (ADAAG) [28
CFR §35.151(c) and Notice 2003- 31]. See Chapter 2 of this plan for additional
information on reasonable accommodations for persons with disabilities.
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PHA Policy
Any owner that intends to negotiate a restoration agreement or require an
escrow account must submit the agreement(s) to the PHA for review.
8-I.B.
ADDITIONAL LOCAL REQUIREMENTS
The PHA may impose variations to NSPIRE as long as the additional criteria are not
likely to adversely affect the health or safety of participant families or severely restrict
housing choice for families.HUD approval is required for variations to the NSPIRE
Protocol. HUD approval is not required if the variations are clarifications of HUD's
acceptability criteria or performance standards [24 CFR §982.401(a)(4)].
Thermal Environment [HCV GB p.10-7]
The PHA must define a “healthy living environment” for the local climate. This may be
done by establishing a temperature that the heating system must be capable of
maintaining, that is appropriate for the local climate.
PHA Policy
-
Heating:
If the resident controls the temperature, the heating equipment
must have the capability of heating to at least 68 degrees
Fahrenheit (PIH 2018-19).
At no point should indoor temperatures in occupied space drop
below 55 degrees Fahrenheit (PIH Notice 2018-19).
-
Cooling:
If the resident controls the temperature, the cooling equipment must
have the capability of cooling to at least 82 degrees Fahrenheit
(PIH Notice 2018-19)
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.Clarifications of HUD Requirements
PHA Policy
As permitted by HUD, the PHA has adopted the following specific requirements
that elaborate on HUD standards.
Walls
-
In areas where plaster or drywall is sagging, severely cracked, or
otherwise damaged, it must be repaired or replaced.
Windows
-
Window sashes must be in good condition, solid and intact, and properly
fitted to the window frame. Damaged or deteriorated sashes must be
replaced.
-
Windows must be weather-stripped as needed to ensure a weather-tight
seal.
-
Window screens must be in good condition (applies only if screens are
present).
Doors
-
All exterior doors must be weather-tight to avoid any air or water
infiltration, be lockable, have no holes, have all trim intact, and have a
threshold.
-
All interior doors must have no holes, have all trim intact, and be
openable without the use of a key.
Floors
-
All wood floors must be sanded to a smooth surface and sealed. Any
loose or warped boards must be re-secured and made level. If they
cannot be leveled, they must be replaced.
-
All floors must be in a finished state. Raw wood or unsealed concrete is
not permitted.
-
All floors include, except for carpeted floors, some type of base-shoe,
trim, or sealing for a "finished look." Vinyl base-shoe is permitted.
Sinks
-
All sinks and commode water lines must have shut off valves, unless
faucets are wall mounted.
-
All sinks must have functioning stoppers.
Toilets
-
All worn or cracked toilet seats and tank lids must be replaced and toilet
tank lid must fit properly.
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Security
-
If window security bars or security screens are present on emergency
exit windows, they must be equipped with a quick release system. The
owner is responsible for ensuring that the family is instructed on the use
of the quick release system.
8-I.C.
LIFE THREATENING CONDITIONS [24 CFR §982.404(A);FR NOTICE 1/18/17]
HUD requires the PHA to define life-threatening conditions and to notify the owner or
the family (whichever is responsible) of the corrections required. The responsible party
must correct life- threatening conditions within 24 hours of PHA notification.
PHA Policy
The following are considered life-threatening conditions as long as they are in
alignment with NSPIRE Protocol:
Any condition that jeopardizes the security of the unit
Major plumbing leaks or flooding, waterlogged ceiling or floor in
imminent danger of falling
Natural or LP gas or fuel oil leaks
-
A fuel storage vessel, fluid line, valve, or connection that supplies fuel
to a HVAC unit is leaking or a strong odor is detected with potential
for explosion or fire or that results in a health risk if inhaled
Any electrical problem or condition that could result in shock or fire
-
A light fixture is readily accessible, is not securely mounted to the
ceiling or wall, and electrical connections or wires are exposed
-
A light fixture is hanging by its wires
-
A light fixture has a missing or broken bulb, and the open socket is
readily accessible to the tenant during the day-to-day use of the
unit
-
A receptacle (outlet) or switch is missing or broken and electrical
connections or wires are exposed
-
An open circuit breaker position is not appropriately blanked off in a
panel board, main panel board, or other electrical box that contains
circuit breakers or fuses
-
A cover is missing from any electrical device box, panel box, switch
gear box, control panel, etc., and there are exposed electrical
connections
-
Any nicks, abrasions, or fraying of the insulation that exposes
conducting wire
-
Exposed bare wires or electrical connections
8-63
-
Any condition that results in openings in electrical panels or
electrical control device enclosures
-
Water leaking or ponding near any electrical device
-
Any condition that poses a serious risk of electrocution or fire and
poses an immediate life-threatening condition
-
Absence of a working heating system when outside temperature is
below 60 degrees Fahrenheit.
-
Absence of a working air conditioner or evaporative cooler when the
outside temperature is 110 degrees or above.
-
Utilities not in service
-
Conditions that present the imminent possibility of injury
-
Obstacles that prevent safe entrance or exit from the unit
-
Any components that affect the function of the fire escape are
missing or damaged
-
Stored items or other barriers restrict or prevent the use of the fire
escape in the event of an emergency
-
The building’s emergency exit is blocked or impeded, thus limiting
the ability of occupants to exit in a fire or other emergency
-
Absence of a functioning toilet in the unit
-
Inoperable or missing smoke detectors
-
Missing or inoperable carbon monoxide detector
-
Missing, damaged, discharged, overcharged, or expired fire extinguisher
(where required)
-
Gas/oil-fired water heater or heating, ventilation, or cooling system with
missing, damaged, improper, or misaligned chimney venting
-
The chimney or venting system on a fuel-fired water heater is
misaligned, negatively pitched, or damaged, which may cause
improper or dangerous venting or gases
-
A gas dryer vent is missing, damaged, or is visually determined to
be inoperable, or the dryer exhaust is not vented to the outside
-
A fuel-fired space heater is not properly vented or lacks available
combustion air
-
A non-vented space heater is present
-
Safety devices on a fuel-fired space heater are missing or damaged
-
The chimney or venting system on a fuel-fired heating, ventilation,
or cooling system is misaligned, negatively pitched, or damaged,
which may cause improper or dangerous venting of gas
8-64
-
Deteriorating paint as defined at 24 CFR §35.110 in a unit built before
1978 that is to be occupied by a family with a child under six years of
age if it would prevent the family from moving into the unit
If an owner fails to correct life-threatening conditions as required by the PHA,
the PHA will enforce the NSPIRE Protocol in accordance with HUD
requirements. See 8-II-G.
If a family fails to correct a family caused life threatening condition as required
by the PHA, the PHA will enforce the family obligations See 8-II.H.
The owner will be required to repair an inoperable smoke detector unless the
PHA determines that the family has intentionally disconnected it (by removing
batteries or other means). In this case, the family will be required to repair the
smoke detector within 24 hours.
8-I.D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR §982.404]
The following is applicable to HAP contracts executed or renewed June 5, 2024,
or earlier:
Family Responsibilities
The family is responsible for correcting the following NSPIRE Protocol deficiencies:
Tenant-paid utilities not in service
Failure to provide or maintain appliances owned by the family
Damage to the unit or premises caused by a household member or guest
beyond ordinary wear and tear that result in a breach of the NSPIRE.
"Ordinary wear and tear" is defined as items, which could not be charged
against the tenant's security deposit under state law or court practice.
PHA Policy
The owner is responsible for all housing quality violations not listed as a family
responsibility above, even if the violation is caused by the family’s living habits
(e.g., vermin infestation). However, if the family’s actions constitute a serious or
repeated lease violation, the owner may take legal action to evict the family.
The owner will be required to repair an inoperable smoke detector unless the
PHA determines that the family has intentionally disconnected it (by removing
batteries or other means). In this case, the family will be required to repair the
smoke detector within 24 hours.
If an owner fails to correct life-threatening conditions as required by the PHA,
the PHA will enforce the housing quality standards in accordance with HUD
requirements. See 8-II.G.
The following is applicable to HAP contracts executed or renewed June 6, 2024,
or later:
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Owner Obligation
The owner must maintain the unit in accordance with housing quality standards. A unit
is not in compliance with housing quality standards if the PHA or other inspector
authorized by the state or local government determines that the unit has housing
quality standards deficiencies based upon an inspection, notifies the owner in writing
of the deficiencies, and the deficiencies are not remedied within the appropriate time
frame.
In the case of a housing quality standards deficiency that the PHA determines is
caused by the tenant, any member of the household, or any guest or other person
under the tenant’s control (other than damage resulting from ordinary use), the PHA
may waive the owner’s responsibility to remedy the violation. The HAP to the owner
may not be withheld or abated if the owner responsibility has been waived. However, if
the family’s actions constitute a serious or repeated lease violation, the owner may
take legal action to evict the family. In addition, the PHA may terminate the family’s
assistance because of a housing quality standards breach (beyond damage resulting
from ordinary use) caused by any member of the household, guest, or other person
under the tenant’s control.
PHA Policy
The PHA will waive the owner’s responsibility for housing quality standards
deficiencies that have been determined to have been caused by the tenant, any
member of the household, or any guest or other person under the tenant’s
control, to the extent the tenant can be held responsible for ensuring that the
deficiencies are corrected: the tenant must take all necessary steps permissible
under the lease and state and local law to remedy the deficiency. This may
include paying the owner for the cost of the necessary repairs in accordance
with the lease.
Family Responsibilities
The family may be held responsible for a breach of housing quality standards caused
by any of the following:
Tenant-paid utilities not in service;
Failure to provide or maintain appliances owned by the family; and
Damage to the dwelling unit or premises caused by a household member or guest
beyond ordinary wear and tear.
PHA Policy
Damages beyond ordinary wear and tear will be considered to be damages
which could be assessed against the security deposit under state law or in
court practice.
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If the PHA has waived the owner’s responsibility to remedy the violation as outlined
under the owner obligations above, the following applies:
If the housing quality standards breach caused by the family is life-threatening, the
family must take all steps permissible under the lease and state and local law to
ensure the deficiency is corrected within 24 hours of notification.
For other family-caused deficiencies, the family must take all steps permissible
under the lease and state and local law to ensure the deficiency is corrected within
30 calendar days of notification (or any PHA-approved extension).
If the family has caused a breach of the HQS, the PHA must take prompt and vigorous
action to enforce the family obligations. The PHA may terminate assistance for the
family in accordance with 24 CFR 982.552.
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8-I-E. SPECIAL REQUIREMENTS FOR CHILDREN WITH ELEVATED BLOOD LEAD
LEVEL [24 CFR §35.1225; FR NOTICE 1/13/17; PIH NOTICE 2017-13]
If a PHA is notified by a public health department or other medical health care
provider, or verifies information from a source other than a public health department or
medical health care provider, that a child of less than 6 years of age, living in an HCV-
assisted unit has been identified as having an elevated blood lead level, the PHA must
complete an environmental investigation of the dwelling unit within 15 calendar days
after being notified by a public health department or other medical health care
provider. The environmental investigation must be completed in accordance with
program requirements, and the result of the environmental investigation must be
immediately provided to the owner of the dwelling unit. In cases where the public
health department has already completed an evaluation of the unit, this information
must be provided to the owner.
Within 30 days after receiving the environmental investigation report from the PHA, or
the evaluation from the public health department, the owner is required to complete
the reduction of identified lead-based paint hazards in accordance with the lead-based
paint regulations [24 CFR §35.1325 and §35.1330; 40 CFR §745.227]. If the owner
does not complete the “hazard reduction” as required, the dwelling unit is in violation
of UPCS-,V and the PHA will take action in accordance with Section 8-II.G.
PHA reporting requirements, data collection, and record keeping responsibilities
related to children with an elevated blood lead level are discussed in Chapter 16.
8-I-F. VIOLATION OF NSPIRE SPACE STANDARDS [24 CFR §982.401, 24 CFR §982.403]
A dwelling unit must:
Provide adequate space and security for the family
Have at least one bedroom or living/sleeping room for each two persons
A unit that does not meet these NSPIRE space standards is defined as overcrowded.
A living room may be used as sleeping (bedroom) space, but no more than two
persons may occupy the space [HCV GB p. 10-6]. A bedroom or living/sleeping room
must have at least:
One window
8-68
Two electrical outlets in proper operating condition (permanent overhead or
wall-mounted light fixtures may count as one of the required electrical outlets)
If the PHA determines that a unit is overcrowded because of an increase in family size
or a change in family composition, the PHA must issue the family a new voucher, and
the family and PHA must try to find an acceptable unit as soon as possible. If an
acceptable unit is available for rental by the family, the PHA must terminate the HAP
contract in accordance with its terms.
PART II: THE INSPECTION PROCESS
8-II.A. OVERVIEW [24 CFR §982.405]
Types of Inspections
The PHA conducts the following types of inspections as needed. Each type of
inspection is discussed in the paragraphs that follow.
Initial Inspections. The PHA conducts initial inspections in response to a
request from the family to approve a unit for participation in the HCV program.
Periodic Inspections. HUD requires the PHA to inspect each unit under lease at
least annually or biennially, depending on PHA policy to confirm that the unit
still meets NSPIRE. The inspection may be conducted in conjunction with the
family's annual reexamination but also may be conducted separately.
Interim Inspections. A special inspection may be requested by the owner, the
family, or a third party as a result of problems identified with a unit between
annual inspections.
Supervisory Inspections. HUD requires that a sample of units be Inspected by a
supervisor or other qualified individual to evaluate the work of the inspector(s)
and to ensure that inspections are performed in compliance with the NSPIRE.
Inspection of PHA-Owned Units [24 CFR §982.352(b)]
The PHA must obtain the services of an independent entity to perform all NSPIRE
inspections in cases where an HCV family is receiving assistance in a PHA-owned
unit as defined in 24 CFR 982.4. The independent entity must communicate the
results of each inspection to the family and the PHA.
The independent agency must be approved by HUD, and may be the unit of general
local government for the PHA jurisdiction (unless the PHA is itself the unit of general
local government or an agency of such government). The PHA must inform the family,
both orally and in writing, that the family has the right to select any eligible unit
available for lease. PHA-owned unit is freely selected by the family, without PHA
pressure or steering.
8-69
For information on the inspection of PHA-owned units in the PBV program, see
Chapters 17 and 18.
Inspection Costs [PIH Notice 2016-05; 24 CFR 5.705(h)]]
The PHA may not charge the family for unit inspections or reinspection’s [24 CFR
§982.405(e)]. In the case of inspections of PHA-owned units, the PHA may
compensate the independent agency from ongoing administrative fees (including fees
credited to the administrative fee reserve) for inspections performed. The PHA and the
independent agency may not charge the family any fee or charge for the inspection
[24 CFR §982.352(b)].
The PHA may not charge the owner for the inspection of the unit prior to the initial
term of the lease or for a first inspection during assisted occupancy of the unit.
However, the PHA may charge a reasonable fee to owners for reinspections if an
owner notifies the PHA that a repair has been made or the allotted time for repairs has
elapsed and a reinspection reveals that any deficiency cited in the previous inspection
that the owner is responsible for repairing, pursuant to 24 CFR 982.404(a), was not
corrected
Fees may not be imposed for tenant-caused damages, for cases in which the
inspector could not gain access to the unit, or for new deficiencies discovered during a
reinspection.
The owner may not pass the cost of a reinspection fee to the family. Reinspection fees
must be added to the PHA’s administrative fee reserves and may only be used for
activities related to the provision of tenant-based assistance.
PHA Policy
The PHA will not charge a fee for failed reinspections.
Remote Video Inspections (RVIs) [PIH Notice 2020-31]
As an alternative to some or all on-site inspections, the PHA may, but is not required
to, perform HQS inspections from a remote location using video streaming technology
and a proxy at the inspection site.
Since there may be some circumstances in which the application of technology
provides insufficient information or evidence to allow the PHA to make appropriate
determinations about whether a condition violates HQS, Notice PIH 2020-31 requires
that if a PHA chooses to implement RVIs, the PHA should have policies and
procedures in place to address such limitations.
PHA Policy
The PHA will not conduct any HQS inspection using RVI.
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Notice and Scheduling
The family must allow the PHA to inspect the unit at reasonable times with reasonable
notice [24 CFR §982.551(d)].
PHA Policy
Both the family and the owner will be given reasonable notice of all inspections.
Except in the case of a life-threatening emergency, reasonable notice is
considered to be not less than 48 hours. Inspections may be scheduled
between 8:00 a.m. and 5:00 p.m. Generally, inspections will be conducted on
business days only. In the case of a life-threatening emergency, the PHA will
give as much notice as possible, given the nature of the emergency.
Owner and Family Inspection Attendance
HUD permits the PHA to set policy regarding family and owner presence at the time of
inspection [HCV GB p. 10-27].
PHA Policy
When a family occupies the unit at the time of inspection an authorized adult
must be present for the inspection. The presence of the owner or the owner's
representative is encouraged but is not required.
At initial inspection of a vacant unit, the PHA will inspect the unit in the
presence of the owner or owner's representative. The presence of a family
representative is permitted, but is not required, however the family will be
notified that the PHA is not a family representative.
8-II.B. INITIAL NSPIRE INSPECTION [24 CFR §982.405(A)]
HUD regulations require that units assisted under the HCV program be inspected to
determine that the units meet housing quality standards before the PHA approves
assisted tenancy. However, PHAs have two options for bringing units under HAP
contract (or, in the case of PBV, approving occupancy and the execution of a lease)
more quickly. The PHA may but is not required to approve assisted tenancy and start
HAP if the unit:
Fails the initial inspection, but only if no life-threatening deficiencies are identified;
and/or
Passed an alternative inspection in the last 24 months.
If the PHA adopts the alternative inspection option in combination with the non-life-
threatening deficiencies option, the PHA must follow family and owner notification
requirements listed at 24 CFR 982.406(f). Otherwise, if neither of the above provisions
are adopted, the PHA must determine that the unit the family selects meets NSPIRE
standards prior to approving tenancy.
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Approving Units with Non-Life-Threatening Deficiencies [FR Notice 1/18/17;
Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.405(j)]
The PHA may approve assisted tenancy, execute a HAP contract, and begin paying
HAP if a unit fails an initial inspection, but only if the deficiencies identified are non-life
threatening. This is known as the “NLT option.” A PHA that implements the NLT option
may apply the option to all of the PHA’s initial inspections or may limit it to certain
units. If the NLT option is adopted, the PHA must follow requirements listed at 24 CFR
982.405(j) for family and owner notification.
The PHA’s administrative plan must specify the circumstances under which the PHA
will exercise the NLT option, if any.
PHA Policy
The PHA will not use the NLT option. All units must pass the initial inspection
on or before the effective date of the HAP contract.
Approving Units Using Alternative Inspections [FR Notice 1/18/17; Notice PIH
2017-20; FR Notice 5/7/24; and 24 CFR 982.406]
The PHA may approve assisted tenancy, execute a HAP contract, and begin paying
HAP if a unit passed an alternative inspection (i.e., an inspection conducted for
another housing program) conducted in the last 24 months provided the PHA is able
to obtain the results of the alternative inspection, the property received a “pass” score
(if applicable), and the inspection meets the requirements at 24 CFR 982.406(c) and
(d). The PHA may implement the use of alternative inspections for both initial and
periodic inspections or may limit the use of alternative inspections to either initial or
periodic inspections. If alternative inspections are used, the PHA must follow
requirements listed at 24 CFR 982.406(e)(2) for family and owner notification.
A PHA relying on an alternative inspections must identify the alternative inspection
method being used in the PHA’s administrative plan.
PHA Policy
The unit must pass the initial inspection on or before the effective date of the
HAP contract.
The PHA will not rely on alternative inspections and will conduct an initial
inspection for each unit prior to executing a HAP contract with the owner.
Timing of Initial Inspections [24 CFR 982.305(b)(2)(i)]
Unless the PHA relies on alternative inspections, HUD requires PHAs with fewer than
1,250 budgeted units to complete the initial inspection, determine whether the unit
satisfies NSPIRE, and notify the owner and the family of the determination within 15
days of submission of the Request for Tenancy Approval (RFTA). For PHAs with
1,250 or more budgeted units, to the extent practicable such inspection and
determination must be completed within 15 days. The 15-day period is suspended for
any period during which the unit is not available for inspection [24 CFR
§982.305(b)(2)].
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PHA Policy
The PHA will complete the initial inspection, determine whether the unit
satisfies HQS/NSPIRE, and notify the owner and the family of the determination
within a reasonable timeframe of submission of the RFTA.
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Inspection Results and Reinspections
PHA Policy
If any NSPIRE violations are identified, the owner will be notified of the
deficiencies and be given a time frame to correct them. If requested by the
owner, the time frame for correcting the deficiencies may be extended by the
PHA for good cause. The PHA will reinspect the unit within five (5) business
days of the date the owner notifies the PHA that the required corrections have
been made.
If the time for correcting the deficiencies (or any PHA-approved extension) has
elapsed, or the unit fails NSPIRE at the time of the reinspection, the PHA will
notify the owner and the family that the unit has been rejected and that the
family must search for another unit. The PHA may agree to conduct a second
reinspection, for good cause, at the request of the family and owner.
Following a failed reinspection, the family may submit a new Request for
Tenancy Approval after the owner has made repairs, if they are unable to
locate another suitable unit.
Utilities
Generally, at initial lease-up the owner is responsible for demonstrating that all utilities
are in working order including those utilities that the family will be responsible for
paying.
PHA Policy
If utility service is not available for testing at the time of the initial inspection, the
PHA will not conduct the inspection.
After the initial inspection has passed, and the owner does not provide the
utility service, the electric utility must be turned on only in the head of
household’s name before the execution of the Housing Assistance Payment
Contract. Written documentation must be provided to the PHA that will verify
that the electric utility is turned on only in the head of household’s name.
It is important that the electricity is in the head of household’s name because
the COCHRD submits utility reimbursement payments to the electric company
only in the head of household’s name.
Appliances [Form HUD-52580]
PHA Policy
If the family is responsible for supplying the stove and/or refrigerator, the PHA
will allow the stove and refrigerator to be placed in the unit after the unit has
met all other NSPIRE requirements. The required appliances must be in place
before the HAP contract is executed by the PHA.
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8.II.C. PERIODIC NSPIRE INSPECTIONS [24 CFR §982.405(B), PIH NOTICE 2016- 05]
PHA Policy
Each Unit under HAP Contract must be inspected biennially within 24 months
of the last full HQS inspection. The PHA reserves the right to require annual
inspections of any unit or owner at any time.
Each unit under HAP contract must be inspected within 24 months of the last
full NSPIRE inspection; however, if a unit is found to have a life-threatening
NSPIRE fail, the owner of that unit will be required to participate in annual
inspections for all units for the period of 24 months before being returned to
biennial inspections. This does not apply to life- threatening NSPIRE fails
caused by tenants.
One or more substantiated complaints will also require the owner of that unit to
participate in annual inspections for all units for the period of 24 months before
being returned to biennial inspections.
The PHA reserves the right to require annual/biennial inspections of any owner
at any time. The PHA will maintain documentation in the participant file to
support the decision. The PHA will not rely on alternative inspection standards.
Scheduling the Inspection
PHA Policy
If an authorized adult cannot be present on the scheduled date, the family
should request that the PHA reschedule the inspection. The PHA and family will
agree on a new inspection date that generally should take place within five (5)
business days of the originally scheduled date. The PHA may schedule an
inspection more than five (5) business days after the original date for good
cause.
If the family misses the first scheduled appointment without requesting a new
inspection date, the PHA will automatically schedule a second inspection. If the
family misses two scheduled inspections without PHA approval, the PHA will
consider the family to have violated its obligation to make the unit available for
inspection. This may result in termination of the family’s assistance in
accordance with Chapter 12.
8-II.D. INTERIMINSPECTIONS [24 CFR §982.405(DG)]
If a participant or government official notifies the PHA of a potential deficiency, the
following applies:
If the reported deficiency is life-threatening, the PHA must, within 24 hours of
notification, both inspect the housing unit and notify the owner if the life-threatening
deficiency is confirmed. The owner must then make the repairs within 24 hours of
PHA notification.
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If the reported deficiency is non-life-threatening, the PHA must, within 15 days of
notification, both inspect the unit and notify the owner if the deficiency is confirmed.
The owner must then make the repairs within 30 days of notification from the PHA
or within any PHA-approved extension
PHA Policy
During a interim inspection, the PHA generally will inspect only those
deficiencies that were reported. However, the inspector will record any
additional NSPIRE deficiencies that are observed and will require the
responsible party to make the necessary repairs.
If the periodic inspection has been scheduled or is due within 90 days of the
date the interim inspection is scheduled the PHA may elect to conduct a full
inspection.
8-II.E. SUPERVISORY QUALITY CONTROL INSPECTIONS [24 CFR §982.405(B); 24 CFR
985.3€; HCV GB P. 10-32]
HUD requires a PHA supervisor or other qualified person to 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
NSPIRE.
The unit sample must include only units that have been inspected within the preceding
3 months. The selected sample should be drawn to represent a cross section of
neighborhoods and the work of a cross section of inspectors.
8-II.F. INSPECTION RESULTS AND REINSPECTIONS FOR UNITS UNDER HAP
CONTRACT
The following is applicable to HAP contracts executed or renewed June 5, 2024,
or earlier:
Notification of Corrective Actions
The owner and the family will be notified in writing of the results of all inspections.
When an inspection identifies HQS failures, the PHA will determine (1) whether or not
the failure is a life-threatening condition and (2) whether the family or owner is
responsible.
PHA Policy
When life-threatening conditions are identified, the PHA will immediately notify
both parties by telephone or email. The notice will specify who is responsible
for correcting the violation. The corrective actions must be taken within 24
hours of the PHA’s notice.
When failures that are not life-threatening are identified, the PHA will send the
owner and the family a written notification of the inspection results within five
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(5) business days of the inspection. The written notice will specify who is
responsible for correcting the violation, and the time frame within which the
failure must be corrected. Generally, not more than 30 days will be allowed for
the correction.
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 PHA-approved
extension), the owner’s HAP will be abated in accordance with PHA policy (see
8-II.G.).
Likewise, 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
PHA-approved extension, if applicable) the family’s assistance will be
terminated in accordance with PHA policy (see Chapter 12).
The following is applicable to HAP contracts executed or renewed June 6, 2024,
or later:
Notification of Corrective Actions [24 CFR 982.404(d)(1)]
The owner must maintain the unit in accordance with housing quality standards. The
unit is in noncompliance with housing quality standards if:
The PHA or authorized inspector determines the unit has housing quality
standards deficiencies based upon an inspection
The PHA notified the owner in writing of the unit housing quality standards
deficiencies; and
The unit’s housing quality standards deficiencies are not corrected within the
required timeframes.
A PHA may withhold assistance payments for units that have deficiencies once the
owner has been notified in writing of the deficiencies. The PHA’s administrative plan
must identify the conditions under which the PHA will withhold HAP. In this case, if the
unit is brought into compliance during the applicable cure period, the PHA must
resume assistance payments and provide payments to cover the time period for which
the payments were withheld.
The PHA must abate the HAP, including amounts that had been withheld, if the owner
fails to make the repairs within the applicable cure period. In this case, the PHA must
notify the family and the owner that it is abating payments and, if the unit does not
meet housing quality standards within 60 days (or a reasonable longer period
established by the PHA), the PHA will terminate the HAP contract for the unit and the
family will have to move to receive continued assistance. In this case, the PHA must
issue the family its voucher to move at least 30 days prior to the termination of the
HAP contract.
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PHA Policy
The owner and the family will be notified in writing of the results of all
inspections. When an inspection identifies housing quality standards failures,
the PHA will determine (1) whether or not the failure is a life-threatening
condition and (2) whether the family or owner is responsible.
The PHA will not withhold assistance payments upon notification of the
deficiencies to the owner.
When life-threatening conditions are identified, the PHA will immediately notify
both parties by telephone or email. The notice will specify who is responsible
for correcting the violation. The corrective actions must be taken within 24
hours of the PHA’s notice.
When failures that are not life-threatening are identified, the PHA will send the
owner and the family a written notification of the inspection results within five
business days of the inspection. The written notice will specify who is
responsible for correcting the violation, and the time frame within which the
failure must be corrected. Generally, no more than 30 days will be allowed for
the correction.
If the owner is responsible for correcting the deficiency, 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 PHA-approved extension), the owner’s HAP will be
abated in accordance with PHA policy (see 8-II.G.).
Likewise, if the family is responsible for correcting the deficiency, the notice will
inform the family that if corrections are not made within the specified time frame
(or any PHA-approved extension, if applicable) the family’s assistance will be
terminated in accordance with PHA policy (see Chapter 12).
Extensions
For conditions that are life-threatening, the PHA cannot grant an extension to the 24
hour corrective action period. For conditions that are not life-threatening, the PHA may
grant an exception to the required time frames for correcting the violation, if the PHA
determines that an extension is appropriate [24 CFR §982.404].
PHA Policy
Extensions will be granted in cases where the PHA 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.
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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 15 calendar days, once the weather
conditions have subsided.
Reinspections [24 CFR 982.405(i)]
When a PHA must verify correction of a deficiency, the PHA may use verification
methods other than another on-site inspection. The PHA may establish different
verification methods for initial and non-initial inspections or for different deficiencies.
Upon either an inspection for initial occupancy or a reinspection, the PHA may accept
photographic evidence or other reliable evidence from the owner to verify that a
deficiency has been corrected.
PHA Policy
The PHA will conduct a reinspection immediately following the end of the
corrective period, or any PHA approved extension.
The family and owner will be given reasonable notice of the reinspection
appointment. If the deficiencies have not been corrected by the time of the
reinspection, the PHA will send a notice of abatement to the owner, or in the
case of family caused violations, a notice of termination to the family, in
accordance with PHA policies. If the PHA is unable to gain entry to the unit in
order to conduct the scheduled reinspection, the PHA will consider the family to
have violated its obligation to make the unit available for inspection. This may
result in termination of the family’s assistance in accordance with Chapter 12.
The PHA may accept self-certification of NSPIRE repairs.
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8-II.H. ENFORCING OWNER COMPLIANCE
If the owner fails to maintain the dwelling unit in accordance with NSPIRE, the PHA
must take prompt and vigorous action to enforce the owner obligations.
The following is applicable to HAP contracts executed or renewed June 5, 2024,
or earlier:
HAP Abatement
If an owner fails to correct NSPIRE deficiencies by the time specified by the PHA,
HUD requires the PHA to abate housing assistance payments no later than the first of
the month following the specified correction period (including any approved extension)
[24 CFR 985.2(f)]. No retroactive payments will be made to the owner for the period of
time the rent was abated. Owner rents are not abated as a result of NSPIRE failures
that are the family's responsibility.
PHA Policy
The PHA will make all HAP abatements effective the first of the month following
the expiration of the PHA specified correction period (including any extension).
The PHA will inspect abated units within five (5) business days of the owner's
notification that the work has been completed. Payment will resume effective on
the day the unit passes 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.
HAP Contract Termination
The PHA must decide how long any abatement period will continue before the HAP
contract will be terminated. The PHA should not terminate the contract until the family
finds another unit, provided the family does so in a reasonable time [HCV GB p. 10-
29] and must give the owner reasonable notice of the termination. The PHA will issue
a voucher to permit the family to move to another unit as described in Chapter 10.
PHA Policy
The maximum length of time that HAP may be abated is 7 days. However, if the
owner completes corrections and notifies the PHA before the termination date
of the HAP contract, the PHA may rescind the termination notice if (1) the
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family still resides in the unit and wishes to remain in the unit and (2) the unit
passes inspection.
Reasonable notice of HAP contract termination by the PHA is 30 days.
The following is applicable to HAP contracts executed or renewed June 6, 2024,
or later:
HAP Withholding [24 CFR 982.404(d)(1)]
A PHA may withhold assistance payments for units that have housing quality
standards deficiencies once the PHA has notified the owner in writing of the
deficiencies. The PHA’s administrative plan must identify the conditions under which
the PHA will withhold HAP. In this case, if the unit is brought into compliance during
the applicable cure period, the PHA resumes assistance payments and provides
assistance payments to cover the time period for which the payments were withheld.
PHA Policy
The PHA will not withhold assistance payments upon notification to the owner
of the deficiencies.
HAP Abatement [24 CFR 982.404(d)(2)]
The PHA must abate the HAP, including amounts that had been withheld, if the owner
fails to make the repairs within the applicable cure period. In this case, the PHA must
notify the family and the owner that it is abating payments and, if the unit does not
meet housing quality standards within 60 days (or a reasonable longer period
established by the PHA), the PHA will terminate the HAP contract for the unit and the
family will have to move to receive continued assistance. In this case, the PHA must
issue the family its voucher to move at least 30 days prior to the termination of the
HAP contract.
The owner may not terminate the tenancy of any family due to the withholding or
abatement of assistance.
PHA Policy
The PHA will make all HAP abatements effective the first of the month following
the expiration of the PHA-specified correction period (including any extension).
The PHA will inspect abated units within five business days of the owner’s
notification that the work has been completed. Payment will resume effective on
the day the unit passes inspection.
During any abatement period the family continues to be responsible for its share of the
rent.
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For PHA policies on family moves when units are in abatement and termination of the
HAP contract when a family moves due to deficiencies, see Section 10-I.B.
8-II.H. ENFORCING FAMILY COMPLIANCE WITH NSPIRE [24 CFR §982.404(B)]
The following is applicable to HAP contracts executed or renewed June 5, 2024,
or earlier:
Families are responsible for correcting any NSPIRE violations listed in paragraph
8.I.D. If the family fails to correct a violation within the period allowed by the PHA (and
any extensions), the PHA will terminate the family’s assistance, according to the
policies described in Chapter 12.
If the owner carries out a repair for which the family is responsible under the lease, the
owner may bill the family for the cost of the repair.
The following is applicable to HAP contracts executed or renewed June 6, 2024,
or later:
If the PHA waived the landlord responsibility for housing quality standards deficiencies
that have been determined to have been caused by the tenant, any member of the
household, or any guest or other person under the tenant’s control (see section 8-I.D),
the family is responsible for correcting any housing quality standards violations listed
in paragraph 8.I.D. If the family fails to correct a violation within the period allowed by
the PHA (and any extensions), the PHA will terminate the family’s assistance,
according to the policies described in Chapter 12.
If the owner carries out a repair for which the family is responsible under the lease, the
owner may bill the family for the cost of the repair and may enter into a repayment
agreement with the family.
PART III: RENT REASONABLENESS [24 CFR §982.507]
8-III.A. OVERVIEW
No HAP contract can be approved until the PHA has determined that the rent for the
unit is reasonable. The purpose of the rent reasonableness test is to ensure that a fair
rent is paid for each unit rented under the HCV program.
HUD regulations define a reasonable rent as one that does not exceed the rent
charged for comparable, unassisted units in the same market area. HUD also requires
that owners not charge more for assisted units than for comparable units on the
premises. This part explains the method used to determine whether a unit’s rent is
reasonable.
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PHA-owned Units [24 CFR §982.352(b)]
In cases where an HCV family is receiving assistance in a PHA-owned unit, the PHA
must obtain the services of an independent entity to determine rent reasonableness in
accordance with program requirements, and to assist the family in negotiating the
contract rent when the family requests assistance. A PHA-owned unit is defined as a
unit that is owned by the PHA that administers the assistance under the consolidated
ACC (including a unit owned by an entity substantially controlled by the PHA). The
independent agency must communicate the results of the rent reasonableness
determination to the family and the PHA. The independent agency must be approved
by HUD, and may be the unit of general local government for the PHA jurisdiction
(unless the PHA is itself the unit of general local government or an agency of such
government).
8-III.B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED
Owner-initiated Rent Determinations
The PHA must make a rent reasonableness determination at initial occupancy, and
whenever the owner requests a rent adjustment.
The owner and family first negotiate the rent for a unit [24 CFR §982.506].
The PHA (or independent agency in the case of PHA-owned units) will assist the
family with the negotiations upon request. At initial occupancy, the PHA must
determine whether the proposed rent is reasonable before a HAP Contract is signed.
The owner must not change the rent during the initial lease term. Subsequent
requests for rent adjustments must be consistent with the lease between the owner
and the family. Rent increases will not be approved unless any failed items identified
by the most recent NSPIRE inspection have been corrected.
PHA Policy
After the initial occupancy period, the owner may request a rent adjustment in
accordance with the owner’s lease. For rent increase requests after initial lease
-up, the PHA may request owners to provide information about the rents
charged for other units on the premises, if the premises include more than four
(4) units. In evaluating the proposed rents in comparison to other units on the
premises, the PHA will consider unit size and length of tenancy in the other
units.
The PHA will determine whether the requested increase is reasonable within 10
business days of receiving the request from the owner. The owner will be
notified of the determination in writing.
All rents adjustments will be effective the first of the month if one of the
following criterias are met:
-
Following 60 days after the PHA’s receipt of the owner’s request or on the date
specified by the owner, whichever is later.
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-
The anniversary of the participants lease up.
-
The anniversary of the last rent adjustment .
-
Rent adjustments may only be processed once per 12 calendar months.
PHA and HUD-Initiated Rent Reasonableness Determinations [PIH Notice 2018-
01; 24 CFR §982.507(a)(2)(ii); §983.302(a)(2; §983.303(b)(1); PIH Notice 2018
-01]
HUD requires the PHA to make a determination of rent reasonableness (even if the
owner has not requested a change) if there is a 10 percent decrease in the fair market
rent that goes into effect at least 60 days before the contract anniversary date. HUD
also may direct the PHA to make a determination at any other time. The PHA may
decide that a new determination of rent reasonableness is needed at any time.
PHA Policy
In addition to the instances described above, the PHA will make a
determination of rent reasonableness at any time after the initial occupancy
period if:
(1) the PHA determines that the initial rent reasonableness determination
was in error, or
(2) the PHA determines that the information provided by the owner about
the unit or other units on the same premises was incorrect.
This provision is designed to ensure that when the market goes down by a
significant amount (i.e., a 10 percent or more reduction in FMR) the PHA must
reexamine rent reasonableness at the contract anniversary date, even if the
owner does not propose a rent increase. When determining if this provision
applies, the PHA must compare the FMR in effect 60 days prior to the
upcoming HAP contract anniversary date with the FMR in effect one year
before the upcoming anniversary date [HCV Program Guidebook 7420.1].
PIH Notice 2018-01 provides guidance on the regulatory provisions
implemented under the Small Area FMR (SAFMR) Final Rule (FR-5855-F-03),
published in the Federal Register on November 16, 2016. The effective date of
the Final Rule is January 17, 2017.
The Final Rule changes the percentage decrease in the FMR that triggers the
need for a rent reasonableness determination from 5 to 10 percent.
A rent reasonableness determination will be required only when the decrease in
the FMR from the previous year is exactly 10 percent. (An FMR will never
decrease by more than 10 percent from the previous year’s FMR, regardless of
whether a PHA is voluntarily using SAFMRs, is operating in a designated
SAFMR area, or is not using SAFMRs.) (PIH Notice 2018-01)
A PHA is still required to re-determine rent reasonableness before any increase
in rent to owner and/or if directed by HUD.
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10 PERCENT DECREASE IN FMR
HAP Contract Anniversary Date:12/01/01
New FMR Effective Date:
10/01/01
Old FMR:
$500
New FMR:
$ 450
Is Effective Date of new FMR 60 days or more before the contract anniversary date?
Yes. 31 days October + 30 days November = 61 days
Is the decrease in the FMR equal to or greater than 10 percent?
Yes. $500 – $ 450= $50 (500 x .10) = $50
In this example, the decrease from $500 to $450 represents a 10 percent decrease and would
activate the provision. If the FMR decreased from $500 to $480, no rent reasonableness
determination would be required. The PHA could choose; however, to initiate a review of rent
reasonableness.
LIHTC- and HOME-Assisted Units [24 CFR §982.507(c)]
For units receiving low-income housing tax credits (LIHTCs) or units assisted under
HUD’s HOME Investment Partnerships (HOME) Program, a rent comparison with
unassisted units is not required if the voucher rent does not exceed the rent for other
LIHTC- or HOME-assisted units in the project that are not occupied by families with
tenant-based assistance.
For LIHTCs, if the rent requested by the owner does exceed the LIHTC rents for non-
voucher families, the PHA must perform a rent comparability study in accordance with
program regulations. In such cases, the rent shall not exceed the lesser of: (1) the
reasonable rent as determined from the rent comparability study; or (2) the payment
standard established by the PHA for the unit size involved.
8-III.C. HOW COMPARABILITY IS ESTABLISHED
Factors to Consider
HUD requires PHAs to take into consideration the factors listed below when
determining rent comparability. The PHA may use these factors to make upward or
downward adjustments to the rents of comparison units when the units are not
identical to the HCV-assisted unit.
Location and age
Unit size including the number of rooms and square footage of rooms
The type of unit including construction type (e.g., single family, duplex, garden,
low-rise, high-rise)
The quality of the units including the quality of the original construction,
maintenance, and improvements made.
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Amenities, services, and utilities included in the rent.
Units that Must Not be Used as Comparables
Comparable units must represent unrestricted market rents. Therefore, units that
receive some form of federal, state, or local assistance that imposes rent restrictions
cannot be considered comparable units. These include units assisted by HUD through
any of the following programs: Section 8 project-based assistance, Section 236 and
Section 221(d)(3) Below Market Interest Rate (BMIR) projects, HOME or Community
Development Block Grant (CDBG) program-assisted units in which the rents are
subsidized; units subsidized through federal, state, or local tax credits; units
subsidized by the Department of Agriculture rural housing programs, and units that are
rent-controlled by local ordinance. [PIH Notice 2002-22, PIH Notice 2005-20, and PIH
Notice 2020-19]
Note: PIH Notice 2020-19, issued August 21, 2020, provides further guidance on the
issue of what constitutes an assisted unit.
Rents Charged for Other Units on the Premises
The Request for Tenancy Approval (form HUD-52517) requires owners to provide
information, on the form itself, about the rent charged for other unassisted comparable
units on the premises if the premises include more than 4 units.
By accepting the PHA payment each month the owner certifies that the rent is not
more than the rent charged for comparable unassisted units on the premises. If asked
to do so, the owner must give the PHA information regarding rents charged for other
units on the premises.
8-III.D. PHA RENT REASONABLENESS METHODOLOGY
How Market Data Is Collected
PHA Policy
The PHA utilizes market data provided by HUD via GoSection8.com.
How Rents are Determined
PHA Policy
The rent for a unit proposed for HCV assistance will be compared to the rent
charged for comparable units in the same market area.
The adjustment must reflect the local market. Not all differences in units require
adjustments (e.g., the presence or absence of a garbage disposal may not
affect the rent in some market areas).
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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 PHA will notify the owner of the rent the PHA can approve based upon its
analysis of rents for comparable units. The owner may submit information about
other comparable units in the market area. The PHA will confirm the accuracy
of the information provided and consider this additional information when
making rent determinations. The owner must submit any additional information
within five (5) business days of the PHA’s request for information or the owner’s
request to submit information.
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EXHIBIT 8-1: Overview of HUD Inspection Standards
Note: This document provides an Overview of NSPIRE. For more detailed information
see the following documents:
24 CFR §982.401, Housing Quality Standards (HQS)
Housing Choice Voucher Guidebook, Chapter 10.
HUD Housing Inspection Manual for Section 8 Housing
HUD Inspection Form, form HUD-52580 (3/01) and Inspection Checklist, form
HUD-52580-A (9/00)
Sanitary Facilities
The dwelling unit must include sanitary facilities within the unit. The sanitary facilities
must be usable in privacy and must be in proper operating condition and adequate for
personal cleanliness and disposal of human waste.
Food Preparation and Refuse Disposal
The dwelling unit must have space and equipment suitable for the family to store,
prepare, and serve food in a sanitary manner.
Space and Security
The dwelling unit must provide adequate space and security for the family. This
includes having at least one bedroom or living/sleeping room for each two persons.
PHA Policy
Rooms used as a sleeping area (den, living room, family room, dining
room, etc.) will not be counted as a bedroom for purposes of higher
contract rent.
A room must be classified as a bedroom if that is the purpose for which it
was designed and if it meets the NSPIRE criteria for a living/sleeping
room (i.e., at least one window and must be operable; smoke detector,
two working outlets and one permanently installed light fixture.)
A room will not be classified as a bedroom if it was not designed for that
purpose.
Bedrooms generally have closets and offer permanent privacy or semi-
privacy in the form of surrounding walls and a door.
Thermal Environment
The unit must have a safe system for heating the dwelling unit. Air conditioning is not
required but if provided must be in proper operating condition. The dwelling unit must
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not contain unvented room heaters that burn gas, oil, or kerosene. Portable electric
room heaters or kitchen stoves with built-in heating units are not acceptable as a
primary source of heat for units located in climatic areas where permanent heat
systems are required.
Illumination and Electricity
Each room must have adequate natural or artificial illumination to permit normal indoor
activities and to support the health and safety of occupants. The dwelling unit must
have sufficient electrical sources so occupants can use essential electrical appliances.
Minimum standards are set for different types of rooms. Once the minimum standards
are met, the number, type, and location of electrical sources are a matter of tenant
preference.
Structure and Materials
The dwelling unit must be structurally sound. Handrails are required when four or
more steps (risers) are present, and protective railings are required when porches,
balconies, and stoops are thirty inches or more off the ground. The elevator servicing
the unit must be working [if there is one]. Manufactured homes must have proper tie-
down devices capable of surviving wind loads common to the area.
Interior Air Quality
The dwelling unit must be free of air pollutant levels that threaten the occupants’
health. There must be adequate air circulation in the dwelling unit. Bathroom areas
must have one openable window or other adequate ventilation. Any sleeping room
must have at least one window. If a window was designed to be opened, it must be in
proper working order.
Water Supply
The dwelling unit must be served by an approved public or private water supply that is
sanitary and free from contamination. Plumbing fixtures and pipes must be free of
leaks and threats to health and safety.
Lead-Based Paint
Lead-based paint requirements apply to dwelling units built prior to 1978 that are
occupied or can be occupied by families with children under six years of age,
excluding zero bedroom dwellings. Owners must:
Disclose known lead-based paint hazards to prospective tenants before the
lease is signed
Provide all prospective families with "Protect Your Family from Lead in Your
Home"
Stabilize deteriorated painted surfaces and conduct hazard reduction activities
when identified by the PHA
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Notify tenants each time such an activity is performed
Conduct all work in accordance with HUD safe practices
As part of ongoing maintenance ask each family to report deteriorated paint
Maintain covered housing without deteriorated paint if there is child under six
(6) in the family
For units occupied by elevated blood lead level (lead poisoned) children under six
years of age, an environmental investigation must be conducted (paid for by the PHA).
If lead hazards are identified during the environmental investigation, the owner must
complete hazard reduction activities within 30 days.
See HCV GB p. 10-15 for a detailed description of these requirements. For additional
information on lead-based paint requirements see 24 CFR 35, Subparts A, B, M, and
R.
Access
Use and maintenance of the unit must be possible without unauthorized use of other
private properties. The building must provide an alternate means of exit in case of fire.
Site and Neighborhood [City of Chandler AZ, City Code, Chp 30.18 .G; 30.18.J.]
The site and neighborhood must be reasonably free from disturbing noises and
reverberations, excessive trash or vermin, or other dangers to the health, safety, and
general welfare of the occupants.
PHA Policy
Yard Maintenance:
Front, side, or backyards shall not be allowed to become dry and
overgrown. No dry weeds, grass, trees, or bushes that present a
hazardous condition. Such conditions will be rated ‘FAIL.’
Overgrown green grass, trees or bushes will be rated as a ‘FAIL,’ per the
City of Chandler City Code, 30.18.G. and J., Ordinance No 4951, “2020
Code Amendments – Property Maintenance Ordinance:
-
30.18.G. - “No person owning or occupying any property fronting on
any street, alleyway or public place in the City, shall allow thereon
grass or weeds characterized as uncontrolled, unmaintained or
overgrown, including those areas between the property line and the
street, when such conditions create a blighted condition or may
harbor infestations or are likely to become a hazard to the public
health or safety.”
-
30.18.J. – “No person shall allow or permit to remain any exterior
property condition that presents a blighted or deteriorated
appearance including, but not limited to, yards, ground covers,
trees, shrubs or other landscaping vegetation that is substantially
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dead or damaged, characterized by uncontrolled growth or lack of
maintenance, or any other similar conditions.”
The ground shall be free of any hazardous debris. A hazardous condition
would endanger the health or safety of the tenant.
The HA recommends that the owner and the tenant enter into a written
agreement regarding yard maintenance and submit a copy to the HA for
the tenants file.
Sanitary Condition
The dwelling unit and its equipment must be in sanitary condition and free of vermin
and rodent infestation. The unit must have adequate barriers to prevent infestation.
Smoke Detectors
Smoke detectors must be installed in accordance with and meet the requirements of
the National Fire Protection Association Standard (NFPA) 74 (or its successor
standards). If the dwelling unit is occupied by any person with a hearing impairment,
smoke detectors must have an appropriate alarm system as specified in NFPA 74 (or
successor standards).
Hazards and Heath/Safety
The unit, interior and exterior common areas accessible to the family, the site, and the
surrounding neighborhood must be free of hazards to the family's health and safety.
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EXHIBIT 8-2: Summary of Tenant Preference Areas Related to Housing Quality
Note: This document provides an Overview of unit and site characteristics and
conditions for which the family determines acceptability. For more detailed information
see the following documents:
Housing Choice Voucher Guidebook, Chapter 10
HUD Housing Inspection Manual for Section 8 Housing
HUD Inspection Form, form HUD-52580 (3/01) and Inspection Checklist, form
HUD-52580-A (9/00)
(1) Sanitary Facilities. The family may determine the adequacy of the cosmetic
condition and quality of the sanitary facilities, including the size of the lavatory,
tub, or shower; the location of the sanitary facilities within the unit; and the
adequacy of the water heater.
(2) Food Preparation and Refuse Disposal. The family selects size and type of
equipment it finds acceptable. When the family is responsible for supplying
cooking appliances, the family may choose to use a microwave oven in place of
a conventional oven, stove, or range. When the owner is responsible for
providing cooking appliances, the owner may offer a microwave oven in place
of an oven, stove, or range only if other subsidized and unsubsidized units on
the premises are furnished with microwave ovens only. The adequacy of the
amount and type of storage space, the cosmetic conditions of all equipment,
and the size and location of the kitchen are all determined by the family.
(3) Space and Security. The family may determine the adequacy of room sizes and
room locations. The family is also responsible for deciding the acceptability of
the type of door and window locks.
(4) Energy conservation items. The family may determine whether the amount of
insulation, presence of absence of storm doors and windows and other energy
conservation items are acceptable.
(5) Illumination and Electricity. The family may determine whether the location and
the number of outlets and fixtures (over and above those required to meet
NSPIRE standards) are acceptable or if the amount of electrical service is
adequate for the use of appliances, computers, or stereo equipment.
(6) Structure and Materials. Families may determine whether minor defects, such
as lack of paint, or worn flooring or carpeting will affect the livability of the unit.
(7) Indoor Air. Families may determine whether window and door screens, filters,
fans, or other devices for proper ventilation are adequate to meet the family’s
needs. However, if screens are present they must be in good condition.
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(8) Sanitary Conditions. The family determines whether the sanitary conditions in
the unit, including minor infestations, are acceptable.
(9) Neighborhood conditions. Families may determine whether neighborhood
conditions such as the presence of drug activity, commercial enterprises, and
convenience to shopping will affect the livability of the unit.
Families have no discretion with respect to lead-based paint standards and smoke
detectors.
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Chapter 8.B.
NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE
AND RENT REASONABLENESS DETERMINATIONS
[24 CFR 5 Subpart G and Notice PIH 2024-26]
INTRODUCTION
Owners must maintain all units occupied by families receiving Housing Choice
Voucher (HCV) and Project Based Voucher (PBV) assistance in accordance with
housing quality standards. Units assisted under the program must comply with HUD’s
National Standards for the Physical Inspection of Real Estate (NSPIRE) regulations
and standards no later than October 1, 2025. The inspection performance standards
and procedures for conducting NSPIRE inspections must be included in the
administrative plan [Notice PIH 2024-26].
All units must pass an inspection prior to the approval of a lease (with some
exceptions) and at least once every 24 months (or 36 months for small rural PHAs)
during the term of the HAP contract, and at other times as needed, to determine that
the unit meets housing quality standards. HUD also requires PHAs to determine that
rents for units under the program are reasonable when compared to comparable
unassisted units in the market area.
Provided they meet certain requirements, HUD permits PHAs to establish some
additional local requirements in their administrative plans. The use of the term
NSPIRE standards in this plan refers to the combination of both HUD and PHA-
established requirements. However, state and local codes, compliance is not part of
the determination of whether a unit passes the NSPIRE standards.
This chapter explains HUD and PHA requirements related to physical inspections and
rent reasonableness as follows:
Part I. Physical Standards. This part discusses NSPIRE standards required of
units occupied by HCV and PBV-assisted families. It also identifies affirmative
habitability requirements for all units and life-threatening conditions that must
be corrected in 24 hours.
Part II. The Inspection Process. This part describes the types of inspections the
PHA will make and the steps that will be taken when units do not meet NSPIRE
standards.
Part III. Rent Reasonableness Determinations. This part discusses the policies
the PHA will use to make rent reasonableness determinations.
Special requirements for homeownership, manufactured homes, and other special
housing types are discussed in Chapter 15 to the extent that they apply in this
jurisdiction. Special requirements for the PBV and RAD PBV programs (if applicable)
are discussed in Chapters 17 and 18, respectively.
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NSPIRE and HQS
Even once the HQS inspection standard has sunset, the regulations at 24 CFR Part
982 and 983 governing the HCV and PBV programs will continue to use the terms
HQS and housing quality standards rather than NSPIRE. This is because the
definition of housing quality standards (HQS) at 24 CFR 982.4 means the minimum
quality standards developed by HUD in accordance with 24 CFR 5.703 for the HCV
program, including any variations approved by HUD for the PHA. As such, the model
policy uses the term housing quality standards whenever applicable regulations use
this term. Except in the chapter describing HQS, the acronym HQS is not used in the
model policy in order to avoid confusion between the umbrella term meaning housing
standards and the specific inspection protocol. The model policy only uses the term
NSPIRE when referring to specific NSPIRE standards.
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PART I: NSPIRE STANDARDS
NSPIRE standards are published on HUD’s NSPIRE website as well as in the
NSPIRE Final Rule [FR Notice 5/1//2023].
8-I.A. INSPECTABLE AREAS [24 CFR 5.703(A)(1) AND 24 CFR 5.705(A)(2)]
NSPIRE defines the inspectable areas for inspection under the standards as inside,
outside and unit. However, the inspection requirement for the HCV and PBV programs
only applies to units occupied or to be occupied by HCV or PBV participants and
common areas and exterior areas which either service or are associated with such
units.
8-I.B. AFFIRMATIVE HABITABILITY REQUIREMENTS [24 CFR 5.703(B), (C), AND (D)]
NSPIRE provides for minimum, or affirmative, habitability requirements for each area
(unit, inside, outside). These areas must meet these requirements for habitability,
which are listed in Exhibit 8-1.
The inside, outside and unit must be free of health and safety hazards that pose a
danger to residents. Types of health and safety concerns include, but are not limited to
carbon monoxide, electrical hazards, extreme temperature, flammable materials or
other fire hazards, garbage and debris, handrail hazards, infestation, lead-based paint,
mold, and structural soundness [24 CFR 5.703(e).
The NSPIRE Smoke Alarm Standard does not require that smoke alarms have a
sealed battery; however, upon the effective date of the Public and Federally Assisted
Housing Fire Safety Act of 2022 on December 29, 2024, sealed batteries will be
required.
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8-I.C. MODIFICATIONS TO PROVIDE ACCESSIBILITY [24 CFR 100.203; NOTICE 2003-31;
AND NOTICE PIH 2014-02]
Under the Fair Housing Act of 1988 an owner must make reasonable
accommodations in rules, policies, practices, or services if necessary for a person with
disabilities to use the housing and must not refuse the request of a family that contains
a person with a disability to make necessary and reasonable modifications to the unit
if such modification is necessary to afford the person with a disability full enjoyment of
the premises. Such modifications are at the family’s expense. The owner may, where
it is reasonable to do so, require restoration of the unit to its original condition
(reasonable wear and tear excepted) if the modification would interfere with the owner
or next occupant's full enjoyment of the premises. The owner may not increase a
customarily required security deposit. However, the landlord may negotiate a
restoration agreement that requires the family to restore the unit and, if necessary to
ensure the likelihood of restoration, may require the tenant to pay a reasonable
amount into an interest- bearing escrow account over a reasonable period of time. The
interest in any such account accrues to the benefit of the tenant. The owner may also
require reasonable assurances that the quality of the work will be acceptable and that
any required building permits will be obtained. [24 CFR 100.203; Notice 2003-31].
Modifications to units to provide access for a person with a disability must meet all
applicable NSPIRE requirements and conform to the design, construction, or alteration
of facilities contained in the UFAS and the ADA Accessibility Guidelines (ADAAG) [28
CFR 35.151(c) and Notice 2003-31] See Chapter 2 of this plan for additional
information on reasonable accommodations for persons with disabilities.
PHA Policy
Any owner that intends to negotiate a restoration agreement or require an
escrow account the landlord must submit the agreement(s) to the PHA for
review.
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8-I.D. ADDITIONAL LOCAL REQUIREMENTS [24 CFR 5.705(A)(3) AND NOTICE PIH 2024-
26]
The PHA may impose variations to the NSPIRE standards as long as the additional
criteria are not likely to adversely affect the health or safety of participant families or
severely restrict housing choices for families. HUD approval is required for variations
to NSPIRE standards and approved variations must be added to the administrative
plan.
HUD may approve inspection criteria variations if the variations apply standards in
local housing codes or other codes adopted by the PHA or because of local climatic or
geographic conditions. Acceptability criteria variations may only be approved by HUD
if such variations either meet or exceed the performance requirements or significantly
expand affordable housing opportunities for families assisted under the program.
PHA Policy
The PHA has not requested any HUD-approved variations to NSPIRE
standards.
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8-I.E. LIFE-THREATENING DEFICIENCIES [NOTICE PIH 2024-26]
HUD previously required the PHA to define life-threatening conditions in the
administrative plan. The NSPIRE standards now describe those conditions which are
considered life-threatening and must be corrected within 24 hours.
The following are a list of life-threatening deficiencies under NSPIRE:
Inspectable Item
Deficiency
Call-for-Aid System
System is blocked, or pull cord is higher than 6 inches off
the floor.
System does not function properly
Carbon Monoxide
Alarm
Carbon monoxide alarm is missing, not installed, or not
installed in a proper location.
Carbon monoxide alarm is obstructed.
Carbon monoxide alarm does not produce an audio or
visual alarm when tested.
Chimney
A visually accessible chimney, flue, or firebox connected to
a fireplace or wood-burning appliance is incomplete or
damaged such that it may not safely contain fire and
convey smoke and combustion gases to the exterior.
Chimney exhibits signs of structural failure.
Clothes Dryer Exhaust
Ventilation
Electric dryer transition duct is detached or missing.
Gas dryer transition duct is detached or missing.
Electric dryer exhaust ventilation system has restricted
airflow.
Dryer transition duct is constructed of unsuitable material.
Gas dryer exhaust ventilation system has restricted airflow.
Door – Entry
Entry door is missing.
Door – Fire Labeled
Fire labeled door is missing.
Egress
Obstructed means of egress.
Sleeping room is located on the third floor or below and
has an obstructed rescue opening.
Fire escape is obstructed.
Electrical – Conductor,
Outlet, and Switch
Outlet or switch is damaged.
Exposed electrical conductor.
Water is currently in contact with an electrical conductor.
Electrical – Service
Panel
The overcurrent protection device is damaged.
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Exit Sign
Exit sign is damaged, missing, obstructed, or not
adequately illuminated.
Fire Escape
Fire escape component is damaged or missing.
Fire Extinguisher
Fire extinguisher pressure gauge reads over or under-
charged.
Fire extinguisher service tag is missing, illegible, or
expired.
Fire extinguisher is damaged or missing.
Flammable and
Combustible Items
Flammable or combustible item is on or within 3 feet of an
appliance that provides heat for thermal comfort or a fuel-
burning water heater; OR
Improperly stored chemicals.
Guardrail
Guardrail is missing or not installed.
Guardrail is not functionally adequate.
Heating, Ventilation,
and Air Conditioning
(HVAC)
The inspection date is on or between October 1 and March
31 and the permanently installed heating source is not
working or the permanently installed heating source is
working and the interior temperature is below 64 degrees
Fahrenheit.
Unvented space heater that burns gas, oil, or kerosene is
present.
Combustion chamber cover or gas shutoff valve is missing
from a fuel burning heating appliance.
Fuel burning heating system or device exhaust vent is
misaligned, blocked, disconnected, improperly connected,
damaged, or missing.
Leak – Gas or Oil
Natural gas, propane, or oil leak.
Mold-like Substance
Presence of mold-like substance at extremely high levels
is observed visually.
Smoke Alarm
Smoke alarm is not installed where required.
Smoke alarm is obstructed.
Smoke alarm does not produce an audio or visual alarm
when tested.
Sprinkler Assembly
Sprinkler head assembly is encased or obstructed by an
item or object that is within 18 inches of the sprinkler head.
Sprinkler assembly component is damaged, inoperable, or
missing and it is detrimental to performance.
Sprinkler assembly has evidence of corrosion.
Inspectable Item
Deficiency
8-101
Sprinkler assembly has evidence of foreign material that is
detrimental to performance.
Structural System
Structural system exhibits signs of serious failure.
Toilet
Only 1 toilet was installed, and it is missing.
Inspectable Item
Deficiency
Water Heater
Chimney or flue piping is blocked, misaligned, or missing.
Gas shutoff valve is damaged, missing, or not installed.
However, PHAs may add additional deficiencies which the PHA considers life-
threatening provided they are described in the administrative plan.
PHA Policy
In addition to those listed under the NSPIRE standards, the following are
considered life-threatening conditions:
Utilities not in service, including no running hot water
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8-I.F. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.404]
The following is applicable to HAP contracts executed or renewed June 5, 2024,
or earlier:
Family Responsibilities
The family is responsible for correcting the following deficiencies:
Tenant-paid utilities not in service
Failure to provide or maintain appliances owned by the family
Damage to the unit or premises caused by a household member or guest beyond
ordinary wear and tear.
If a family fails to correct a family-caused life-threatening condition as required by the
PHA, the PHA will enforce the family obligations. See 8-II.H.
PHA Policy
Damages beyond ordinary wear and tear will be considered to be damages which
could be assessed against the security deposit under state law or in court practice.
Owner Responsibilities
The owner must maintain the unit in accordance with housing quality standards.
The owner is not responsible for a breach of housing quality standards that is not
caused by the owner, and for which the family is responsible (as provided in 24 CFR
982.404(b) and 982.551(c)).
PHA Policy
The owner is responsible for all housing quality violations not listed as a family
responsibility above, even if the violation is caused by the family’s living habits
(e.g., vermin infestation). However, if the family's actions constitute a serious or
repeated lease violation, the owner may take legal action to evict the family.
The owner will be required to repair an inoperable smoke detector unless the
PHA determines that the family has intentionally disconnected it (by removing
batteries or other means). In this case, the family will be required to repair the
smoke detector within 24 hours.
If an owner fails to correct life-threatening conditions as required by the PHA, the PHA
will enforce the housing quality standards in accordance with HUD requirements. See
8-II-G.
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The following is applicable to HAP contracts executed or renewed June 6, 2024,
or later.
Owner Obligation
The owner must maintain the unit in accordance with housing quality standards. A unit
is not in compliance with housing quality standards if the PHA or other inspector
authorized by the state or local government determines that the unit has housing
quality standards deficiencies based upon an inspection, notifies the owner in writing
of the deficiencies, and the deficiencies are not remedied within the appropriate time
frame.
In the case of a housing quality standards deficiency that the PHA determines is
caused by the tenant, any member of the household, or any guest or other person
under the tenant’s control (other than damage resulting from ordinary use), the PHA
may waive the owner’s responsibility to remedy the violation. The HAP to the owner
may not be withheld or abated if the owner responsibility has been waived. However, if
the family’s actions constitute a serious or repeated lease violation, the owner may
take legal action to evict the family. In addition, the PHA may terminate the family’s
assistance because of a housing quality standards breach (beyond damage resulting
from ordinary use) caused by any member of the household, guest, or other person
under the tenant’s control.
PHA Policy
The PHA will waive the owner’s responsibility for housing quality standards
deficiencies that have been determined to have been caused by the tenant, any
member of the household, or any guest or other person under the tenant’s
control, to the extent the tenant can be held responsible for ensuring that the
deficiencies are corrected: the tenant must take all necessary steps permissible
under the lease and state and local law to remedy the deficiency. This may
include paying the owner for the cost of the necessary repairs in accordance
with the lease.
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Family Responsibilities
The family may be held responsible for a breach of housing quality standards caused
by any of the following:
Tenant-paid utilities not in service;
Failure to provide or maintain appliances owned by the family; and
Damage to the dwelling unit or premises caused by a household member or guest
beyond ordinary wear and tear.
PHA Policy
Damages beyond ordinary wear and tear will be considered to be damages
which could be assessed against the security deposit under state law or in
court practice.
If the PHA has waived the owner’s responsibility to remedy the violation as outlined
under the owner obligations above, the following applies:
If the housing quality standards breach caused by the family is life-threatening, the
family must take all steps permissible under the lease and state and local law to
ensure the deficiency is corrected within 24 hours of notification.
For other family-caused deficiencies, the family must take all steps permissible
under the lease and state and local law to ensure the deficiency is corrected within
30 calendar days of notification (or any PHA-approved extension).
If the family has caused a breach of housing quality standards, the PHA must take
prompt and vigorous action to enforce the family obligations. The PHA may terminate
assistance for the family in accordance with 24 CFR 982.552.
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8-I.G. LEAD-BASED PAINT
PHAs and owners must comply with the requirements and timelines in 24 CFR Part 35
Subpart M—Tenant-Based Rental Assistance and Subpart H—Project-Based
Assistance. PHAs and owners are reminded that any deteriorated paint in target
housing, or other lead-based paint hazard identified through a lead-based paint risk
assessment or lead-based paint inspection is considered a violation of NSPIRE
standards.
For the HCV program, Subpart M applies to units where a child under age six resides
or is expected to reside, common areas that service that unit, and exterior painted
surfaces associated with that unit or common areas. For project-based programs,
Subpart H applies to assisted units and common areas of the property regardless of
whether a child under age six resides or is expected to reside in the unit. NSPIRE
does not alter any of the lead-based paint requirements in Part 35 for these programs.
Special Requirements for Children with Elevated Blood Lead Level [24 CFR
35.1225; FR Notice 1/13/17; Notice PIH 2017-13]
If a PHA is notified by a public health department or other medical health care
provider, or verifies information from a source other than a public health department or
medical health care provider, that a child of less than six years of age, living in an
HCV-assisted unit has been identified as having an elevated blood lead level, the PHA
must complete an environmental investigation of the dwelling unit within 15 calendar
days after being notified by a public health department or other medical health care
provider. The environmental investigation must be completed in accordance with
program requirements, and the result of the environmental investigation must be
immediately provided to the owner of the dwelling unit. In cases where the public
health department has already completed an evaluation of the unit, this information
must be provided to the owner.
Within 30 days after receiving the environmental investigation report from the PHA, or
the evaluation from the public health department, the owner is required to complete
the reduction of identified lead-based paint hazards in accordance with the lead-based
paint regulations [24 CFR 35.1325 and 35.1330; 40 CFR 745.227]. If the owner does
not complete the “hazard reduction” as required, the dwelling unit is in violation of
NSPIRE and the PHA will take action in accordance with Section 8-II.G.
PHA reporting requirements, and data collection and record keeping responsibilities
related to children with an elevated blood lead level are discussed in Chapter 16.
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8-I.H. VIOLATION OF SPACE STANDARDS [24 CFR 5.703(D)(5)]
Units assisted under the HCV or PBV programs must have at least one bedroom or
living/sleeping room for each two persons. A living room may be used as sleeping
(bedroom) space, but no more than two persons may occupy the space [HCV GB p.
10-6]. Each habitable room must have two working outlets or one working outlet and a
permanent light. HUD defines a habitable room as a room in a building for living,
sleeping, eating, or cooking, but excluding bathrooms, toilet rooms, closets, hallways,
storage or utility spaces, and similar areas [FR Notice 5/11/23].
A unit that does not meet these space standards is defined as overcrowded.
If the PHA determines that a unit is overcrowded because of an increase in family size
or a change in family composition, the PHA must issue the family a new voucher, and
the family and PHA must try to find an acceptable unit as soon as possible. If an
acceptable unit is available for rental by the family, the PHA must terminate the HAP
contract in accordance with its terms.
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PART II: THE INSPECTION PROCESS
8-II.A. OVERVIEW [24 CFR 982.405]
Types of Inspections
The PHA conducts the following types of inspections as needed. Each type of
inspection is discussed in the paragraphs that follow.
Initial Inspections. The PHA conducts initial inspections in response to a request
from the family to approve a unit for participation in the HCV program.
Periodic Inspections. HUD requires the PHA to inspect each unit under lease at
least annually or biennially (or triennially for small rural PHAs as defined in 24 CFR
982.305(b)(2)), depending on PHA policy, to confirm that the unit still meets
housing quality standards.
Interim Inspections. A special inspection may be requested by the owner, the
family, or a third party as a result of problems identified with a unit between annual
inspections.
Supervisory Control Inspections. HUD requires that a sample of units be inspected
by a supervisor or other qualified individual to evaluate the work of the inspector(s)
and to ensure that inspections are performed in compliance with housing quality
standards.
Inspection of PHA-Owned Units [24 CFR 982.352(b)]
The PHA must obtain the services of an independent entity to perform all inspections
in cases where an HCV family is receiving assistance in a PHA-owned unit as defined
in 24 CFR 982.4. The independent entity must communicate the results of each
inspection to the family and the PHA. The independent agency must be approved by
HUD and may be the unit of general local government for the PHA jurisdiction (unless
the PHA is itself the unit of general local government or an agency of such
government). The PHA must inform the family, both orally and in writing, that the
family has the right to select any eligible unit available for lease. PHA-owned unit is
freely selected by the family, without PHA pressure or steering.
For information on the inspection of PHA-owned units in the PBV program, see
Chapters 17 and 18.
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Inspection Costs [Notice PIH 2016-05 and 24 CFR 5.705(h)]
The PHA may not charge the family for unit inspections or reinspections [24 CFR
982.405(g)].
In the case of inspections of PHA-owned units, the PHA may compensate the
independent agency from ongoing administrative fees (including fees credited to the
administrative fee reserve) for inspections performed. The PHA and the independent
agency may not charge the family any fee or charge for the inspection
[24 CFR.982.352(b)(1)(v)(B)].
The PHA may not charge the owner for the inspection of the unit prior to the initial
term of the lease or for a first inspection during assisted occupancy of the unit.
However, the PHA may charge a reasonable fee to owners for reinspections if an
owner notifies the PHA that a repair has been made or the allotted time for repairs has
elapsed and a reinspection reveals that any deficiency cited in the previous inspection
that the owner is responsible for repairing, pursuant to 24 CFR 982.404(a), was not
corrected. Fees may not be imposed for tenant-caused damages, for cases in which
the inspector could not gain access to the unit, or for new deficiencies discovered
during a reinspection.
The owner may not pass the cost of a reinspection fee to the family. Reinspection fees
must be added to the PHA’s administrative fee reserves and may only be used for
activities related to the provision of tenant-based assistance.
PHA Policy
The PHA will not charge a fee for failed reinspections.
Remote Video Inspections (RVIs) [Notice PIH 2020-31]
As an alternative to some or all on-site inspections, the PHA may, but is not required
to, perform NSPIRE inspections from a remote location using video streaming
technology and a proxy at the inspection site. Since there may be some
circumstances in which the application of technology provides insufficient information
or evidence to allow the PHA to make appropriate determinations about whether a
condition violates NSPIRE standards, Notice PIH 2020-31 requires that if a PHA
chooses to implement RVIs, the PHA should have policies and procedures in place to
address such limitations.
PHA Policy
The PHA will not conduct any inspection using RVI.
Notice and Scheduling
The family must allow the PHA to inspect the unit at reasonable times with reasonable
notice [24 CFR 982.551(d)].
PHA Policy
Both the family and the owner will be given reasonable notice of all inspections.
Except in the case of a life-threatening emergency, reasonable notice is
considered to be not less than 48 hours. Inspections may be scheduled
between 8:00 a.m. and 5:00 p.m. Generally, inspections will be conducted on
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business days only. In the case of a life-threatening emergency, the PHA will
give as much notice as possible, given the nature of the emergency.
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Owner and Family Inspection Attendance
HUD permits the PHA to set policy regarding family and owner presence at the time of
inspection [HCV GB p. 10-27].
PHA Policy
When a family occupies the unit at the time of inspection an authorized adult
must be present for the inspection. The presence of the owner or the owner's
representative is encouraged but is not required.
At initial inspection of a vacant unit, the PHA will inspect the unit in the
presence of the owner or owner’s representative. The presence of a family
representative is permitted but is not required.
8-II.B. INITIAL INSPECTION [24 CFR 982.405(A)]
HUD regulations require that units assisted under the HCV program be inspected to
determine that the units meet housing quality standards before the PHA approves
assisted tenancy. However, PHAs have two options for bringing units under HAP
contract (or, in the case of PBV, approving occupancy and the execution of a lease)
more quickly. The PHA may, but is not required to approve assisted tenancy and start
HAP if the unit:
Fails the initial inspection, but only if no life-threatening deficiencies are identified;
and/or
Passed an alternative inspection in the last 24 months.
If the PHA adopts the alternative inspection option in combination with the non-life-
threatening deficiencies option, the PHA must follow family and owner notification
requirements listed at 24 CFR 982.406(f). Otherwise, if neither of the above provisions
are adopted, the PHA must determine that the unit the family selects meets NSPIRE
standards prior to approving tenancy.
Approving Units with Non-Life-Threatening Deficiencies [FR Notice 1/18/17;
Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.405(j)]
The PHA may approve assisted tenancy, execute a HAP contract, and begin paying
HAP if a unit fails an initial inspection, but only if the deficiencies identified are non-life
threatening. This is known as the “NLT option.” A PHA that implements the NLT option
may apply the option to all of the PHA's initial inspections or may limit it to certain
units. If the NLT option is adopted, the PHA must follow requirements listed at 24 CFR
982.405(j) for family and owner notification.
The PHA's administrative plan must specify the circumstances under which the PHA
will exercise the NLT option, if any.
PHA Policy
The PHA will not use the NLT option. All units must pass the initial inspection
on or before the effective date of the HAP contract.
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Approving Units Using Alternative Inspections [FR Notice 1/18/17; Notice PIH
2017-20; FR Notice 5/7/24; and 24 CFR 982.406]
The PHA may approve assisted tenancy, execute a HAP contract, and begin paying
HAP if a unit passed an alternative inspection (i.e., an inspection conducted for
another housing program) conducted in the last 24 months provided the PHA is able
to obtain the results of the alternative inspection, the property received a “pass” score
(if applicable), and the inspection meets the requirements at 24 CFR 982.406(c) and
(d). The PHA may implement the use of alternative inspections for both initial and
periodic inspections or may limit the use of alternative inspections to either initial or
periodic inspections. If alternative inspections are used, the PHA must follow
requirements listed at 24 CFR 982.406(e)(2) for family and owner notification.
A PHA relying on an alternative inspections must identify the alternative inspection
method being used in the PHA’s administrative plan.
PHA Policy
The PHA will not rely on alternative inspections and will conduct an initial
inspection for each unit prior to executing a HAP contract with the owner.
Timing of Initial Inspections [24 CFR 982.305(b)(2)(i)]
Unless the PHA relies on alternative inspections, HUD requires PHAs with fewer than
1,250 budgeted units to complete the initial inspection, determine whether the unit
satisfies housing quality standards, and notify the owner and the family of the
determination within 15 days of submission of the RFTA For PHAs with 1,250 or more
budgeted units, to the extent practicable such inspection and determination must be
completed within 15 days. The 15-day period is suspended for any period during
which the unit is not available for inspection.
PHA Policy
The PHA will complete the initial inspection, determine whether the unit
satisfies NSPIRE standards, and notify the owner and the family of the
determination within 15 days of submission of the RFTA.
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Inspection Results and Reinspections
For new units proposed for the HCV program, life-threatening deficiencies must be
resolved before the HAP contract is executed and the family moves into the unit.
PHA Policy
If any deficiencies are identified, the owner will be notified of the deficiencies
and be given a time frame to correct them. If requested by the owner, the time
frame for correcting the deficiencies may be extended by the PHA for good
cause. The PHA will reinspect the unit within five business days of the date the
owner notifies the PHA that the required corrections have been made.
If the time period for correcting the deficiencies (or any PHA-approved
extension) has elapsed, or the unit fails at the time of the reinspection, the PHA
will notify the owner and the family that the unit has been rejected and that the
family must search for another unit. The PHA may agree to conduct a second
reinspection, for good cause, at the request of the family and owner.
Following a failed reinspection, the family may submit a new Request for
Tenancy Approval for the same unit after the owner has made repairs, if they
are unable to locate another suitable unit.
Utilities
Generally, at initial lease-up the owner is responsible for demonstrating that all utilities
are in working order including those utilities that the family will be responsible for
paying.
PHA Policy
Utility service must be available for testing at the time of the initial inspection.
Appliances
PHA Policy
If the family is responsible for supplying the stove and/or refrigerator, the PHA will
allow the stove and refrigerator to be placed in the unit after the unit has met all other
NSPIRE requirements. The required appliances must be in place before the HAP
contract is executed by the PHA.
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8-II.C. PERIODIC INSPECTIONS [24 CFR 982.405(b) and Notice PIH 2016-05]
HUD requires the PHA to inspect each unit under HAP contract at least biennially (or
triennially for small rural PHAs), to confirm that the unit still meets NSPIRE standards.
The inspection may be conducted in conjunction with the family's annual
reexamination but also may be conducted separately.
PHA Policy
Each unit under HAP contract must be inspected biennially within 24 months of
the last full inspection. The PHA reserves the right to require annual inspections
of any unit or owner at any time.
The PHA will not rely on alternative inspection standards.
Scheduling the Inspection
PHA Policy
If an adult cannot be present on the scheduled date, the family should request
that the PHA reschedule the inspection. The PHA and family will agree on a
new inspection date that generally should take place within five business days
of the originally scheduled date. The PHA may schedule an inspection more
than five business days after the original date for good cause.
If the family misses the first scheduled appointment without requesting a new
inspection date, the PHA will automatically schedule a second inspection. If the
family misses two scheduled inspections without PHA approval, the PHA will
consider the family to have violated its obligation to make the unit available for
inspection. This may result in termination of the family’s assistance in
accordance with Chapter 12.
8-II.D. INTERIM INSPECTIONS [24 CFR 982.405(D)]
If a participant family or government official notifies the PHA of a potential deficiency,
the following applies:
If the reported deficiency is life-threatening, the PHA must, within 24 hours of
notification, both inspect the housing unit and notify the owner if the life-threatening
deficiency is confirmed. The owner must then make the repairs within 24 hours of
PHA notification.
If the reported deficiency is non-life-threatening, the PHA must, within 15 days of
notification, both inspect the unit and notify the owner if the deficiency is confirmed.
The owner must then make the repairs within 30 days of notification from the PHA
or within any PHA-approved extension.
PHA Policy
During an interim inspection, the PHA generally will inspect only those
deficiencies that were reported. However, the inspector will record any
additional deficiencies that are observed and will require the responsible party
to make the necessary repairs.
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If the periodic inspection has been scheduled or is due within 90 days of the
date the interim inspection is scheduled the PHA may elect to conduct a full
inspection.
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8-II.E. SUPERVISORY QUALITY CONTROL INSPECTIONS [24 CFR 982.405(B); 24 CFR
985.3(E); HCV GB, P. 10-32]
HUD requires a PHA supervisor or other qualified person to 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
NSPIRE standards.
The unit sample must include only units that have been inspected within the preceding
three months. The selected sample should be drawn to represent a cross section of
neighborhoods and the work of a cross section of inspectors.
8-II.F. INSPECTION RESULTS AND REINSPECTIONS FOR UNITS UNDER
HAP CONTRACT
Correction Timeframes
Each deficiency is identified in the NSPIRE standards as either life-threatening,
severe, moderate, or low.
For units under HAP contract, life-threatening deficiencies must be corrected within 24
hours after notice has been provided. All other non-life-threatening deficiencies
(severe and moderate) must be corrected within 30 days (or a PHA-approved
extension) after notice has been provided. If low deficiencies are present in a unit,
these deficiencies result in a pass and would only be noted by the inspector for
informational purposes.
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The following is applicable to HAP contracts executed or renewed June 5, 2024,
or earlier:
Notification of Corrective Actions
The owner and the family will be notified in writing of the results of all inspections.
When an inspection identifies deficiencies, the PHA will determine (1) whether or not
the failure is a life-threatening condition and (2) whether the family or owner is
responsible.
PHA Policy
When life-threatening deficiencies are identified, the PHA will immediately notify
both parties by telephone or email. The notice will specify who is responsible
for correcting the violation. The corrective actions must be taken within 24
hours of the PHA’s notice.
When failures that are severe or moderate are identified, the PHA will send the
owner and the family a written notification of the inspection results within five
business days of the inspection. The written notice will specify who is
responsible for correcting the violation, and the time frame within which the
failure must be corrected. Generally, not more than 30 days will be allowed for
the correction. If low deficiencies are identified, these deficiencies will only be
noted for informational purposes.
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 PHA-approved
extension), the owner’s HAP will be abated in accordance with PHA policy (see
8-II.G.).
Likewise, 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
PHA-approved extension, if applicable) the family’s assistance will be
terminated in accordance with PHA policy (see Chapter 12).
The following is applicable to HAP contracts executed or renewed June 6, 2024,
or later:
Notification of Corrective Actions [24 CFR 982.404(d)(1)]
The owner must maintain the unit in accordance with housing quality standards. The
unit is in noncompliance with housing quality standards if:
The PHA or authorized inspector determines the unit has housing quality
standards deficiencies based upon an inspection
The PHA notified the owner in writing of the unit housing quality standards
deficiencies; and
The unit’s housing quality standards deficiencies are not corrected within the
required timeframes.
A PHA may withhold assistance payments for units that have deficiencies once the
owner has been notified in writing of the deficiencies. The PHA’s administrative plan
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must identify the conditions under which the PHA will withhold HAP. In this case, if the
unit is brought into compliance during the applicable cure period, the PHA must
resume assistance payments and provide payments to cover the time period for which
the payments were withheld.
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The PHA must abate the HAP, including amounts that had been withheld, if the owner
fails to make the repairs within the applicable cure period. The PHA must notify the
family and the owner that it is abating payments and, if the unit does not meet housing
quality standards within 60 days (or a reasonable longer period established by the
PHA), the PHA will terminate the HAP contract for the unit and the family will have to
move to receive continued assistance.
PHA Policy
The owner and the family will be notified in writing of the results of all
inspections. When an inspection identifies housing quality standards failures,
the PHA will determine (1) whether or not the failure is a life-threatening
condition and (2) whether the family or owner is responsible.
The PHA will not withhold assistance payments upon notification of the
deficiencies to the owner.
When life-threatening conditions are identified, the PHA will immediately notify
both parties by telephone or email. The notice will specify who is responsible
for correcting the violation. The corrective actions must be taken within 24
hours of the PHA’s notice.
When failures that are not life-threatening are identified, the PHA will send the
owner and the family a written notification of the inspection results within five
business days of the inspection. The written notice will specify who is
responsible for correcting the violation, and the time frame within which the
failure must be corrected. Generally, not more than 30 days will be allowed for
the correction.
If the owner is responsible for correcting the deficiency, 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 PHA-approved extension), the owner’s HAP will be
abated in accordance with PHA policy (see 8-II.G.).
Likewise, if the family is responsible for correcting the deficiency, the notice will
inform the family that if corrections are not made within the specified time frame
(or any PHA-approved extension, if applicable) the family’s assistance will be
terminated in accordance with PHA policy (see Chapter 12).
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Extensions
For life-threatening deficiencies, the PHA cannot grant an extension to the 24-hour
corrective action period. For conditions that are severe or moderate, the PHA may
grant an exception to the required time frames for correcting the violation, if the PHA
determines that an extension is appropriate.
PHA Policy
Extensions will be granted in cases where the PHA 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 15 calendar days, once the weather
conditions have subsided.
Reinspections [24 CFR 982.405(i)]
When a PHA must verify correction of a deficiency, the PHA may use verification
methods other than another on-site inspection.
PHA Policy
The PHA will conduct a reinspection immediately following the end of the
corrective period, or any PHA approved extension.
The family and owner will be given reasonable notice of the reinspection
appointment. If the deficiencies have not been corrected by the time of the
reinspection, the PHA will send a notice of abatement to the owner, or in the
case of family caused violations, a notice of termination to the family, in
accordance with PHA policies. If the PHA is unable to gain entry to the unit in
order to conduct the scheduled reinspection, the PHA will consider the family to
have violated its obligation to make the unit available for inspection. This may
result in termination of the family’s assistance in accordance with Chapter 12.
The PHA may accept self-certification of repairs.
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8-II.G. ENFORCING OWNER COMPLIANCE
If the owner fails to maintain the dwelling unit in accordance with NSPIRE standards,
the PHA must take prompt and vigorous action to enforce the owner obligations.
The following is applicable to HAP contracts executed or renewed June 5, 2024,
or earlier:
HAP Abatement
If an owner fails to correct deficiencies by the time specified by the PHA, HUD
requires the PHA to abate housing assistance payments no later than the first of the
month following the specified correction period (including any approved extension) [24
CFR 985.3(f)]. No retroactive payments will be made to the owner for the period of
time the rent was abated. Owner rents are not abated as a result of deficiencies that
are the family’s responsibility.
PHA Policy
The PHA will make all HAP abatements effective the first of the month following
the expiration of the PHA specified correction period (including any extension).
The PHA will inspect abated units within five business days of the owner’s
notification that the work has been completed. Payment will resume effective on
the day the unit passes 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.
HAP Contract Termination
The PHA must decide how long any abatement period will continue before the HAP
contract will be terminated. The PHA should not terminate the contract until the family
finds another unit, provided the family does so in a reasonable time [HCV GB p. 10-
29] and must give the owner reasonable notice of the termination. The PHA will issue
a voucher to permit the family to move to another unit as described in Chapter 10.
PHA Policy
The maximum length of time that HAP may be abated is 90 days. However, if
the owner completes corrections and notifies the PHA before the termination
date of the HAP contract, the PHA 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 inspection.
Reasonable notice of HAP contract termination by the PHA is 30 days.
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The following is applicable to HAP contracts executed or renewed June 6, 2024,
or later:
HAP Withholding [24 CFR 982.404(d)(1)]
A PHA may withhold assistance payments for units that have housing quality
standards deficiencies once the PHA has notified the owner in writing of the
deficiencies. The PHA’s administrative plan must identify the conditions under which
the PHA will withhold HAP. In this case, if the unit is brought into compliance during
the applicable cure period, the PHA resumes assistance payments and provides
assistance payments to cover the time period for which the payments were withheld.
PHA Policy
The PHA will not withhold assistance payments upon notification to the owner
of the deficiencies.
HAP Abatement [24 CFR 982.404(d)(2)]
The PHA must abate the HAP, including amounts that had been withheld, if the owner
fails to make the repairs within the applicable cure period. In this case, the PHA must
notify the family and the owner that it is abating payments and, if the unit does not
meet housing quality standards within 60 days (or a reasonable longer period
established by the PHA), the PHA will terminate the HAP contract for the unit and the
family will have to move to receive continued assistance.
The owner may not terminate the tenancy of any family due to the withholding or
abatement of assistance.
PHA Policy
The PHA will make all HAP abatements effective the first of the month following
the expiration of the PHA-specified correction period (including any extension).
The PHA will inspect abated units within five business days of the owner’s
notification that the work has been completed. Payment will resume effective on
the day the unit passes inspection.
During any abatement period the family continues to be responsible for its share of the
rent.
For PHA policies on family moves when units are in abatement and termination of the
HAP contract when a family moves due to deficiencies, see Section 10-I.B.
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HAP Contract Termination
The PHA must decide how long any abatement period will continue before the HAP
contract will be terminated. If the unit does not meet housing quality standards within
60 days (or a reasonable longer period established by the PHA), the PHA will
terminate the HAP contract for the unit and the family will have to move to receive
continued assistance. In this case, the PHA must issue the family its voucher to move
at least 30 days prior to the termination of the HAP contract.
PHA Policy
The maximum length of time that HAP may be abated is 60 days. However, if
the owner completes corrections and notifies the PHA before the termination
date of the HAP contract, the PHA 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 inspection.
Reasonable notice of HAP contract termination by the PHA is 30 days. The
PHA will issue a voucher to permit the family to move to another unit as
described in Chapter 10.
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8-II.H. ENFORCING FAMILY COMPLIANCE [24 CFR 982.404(B)]
The following is applicable to HAP contracts executed or renewed June 5, 2024,
or earlier:
Families are responsible for correcting any deficiencies listed in paragraph 8-I.D. If the
family fails to correct a violation within the period allowed by the PHA (and any
extensions), the PHA will terminate the family’s assistance, according to the policies
described in Chapter 12.
If the owner carries out a repair for which the family is responsible under the lease, the
owner may bill the family for the cost of the repair.
The following is applicable to HAP contracts executed or renewed June 6, 2024,
or later:
If the PHA waived the landlord responsibility for housing quality standards deficiencies
that have been determined to have been caused by the tenant, any member of the
household, or any guest or other person under the tenant’s control, (see section 8-
I.D), the family is responsible for correcting any housing quality standards violations
listed in paragraph 8.I.D. If the family fails to correct a violation within the period
allowed by the PHA (and any extensions), the PHA will terminate the family’s
assistance, according to the policies described in Chapter 12.
If the owner carries out a repair for which the family is responsible under the lease, the
owner may bill the family for the cost of the repair and may enter into a repayment
agreement with the family.
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PART III: RENT REASONABLENESS [24 CFR 982.507]
8-III.A. OVERVIEW
Except in the case of certain LIHTC- and HOME-assisted units, no HAP contract can
be approved until the PHA has determined that the rent for the unit is reasonable. The
purpose of the rent reasonableness test is to ensure that a fair rent is paid for each
unit rented under the HCV program.
HUD regulations define a reasonable rent as one that does not exceed the rent
charged for comparable, unassisted units in the same market area. HUD also requires
that owners not charge more for assisted units than for comparable units on the
premises. This part explains the method used to determine whether a unit’s rent is
reasonable.
PHA-Owned Units [24 CFR 982.352(b)]
In cases where an HCV family is receiving assistance in a PHA-owned unit, the PHA
must obtain the services of an independent entity to determine rent reasonableness in
accordance with program requirements, and to assist the family in negotiating the
contract rent when the family requests assistance. A PHA-owned unit is defined as a
unit that is owned by the PHA that administers the assistance under the consolidated
ACC (including a unit owned by an entity substantially controlled by the PHA). The
independent agency must communicate the results of the rent reasonableness
determination to the family and the PHA. The independent agency must be approved
by HUD and may be the unit of general local government for the PHA jurisdiction
(unless the PHA is itself the unit of general local government or an agency of such
government).
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8-III.B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED
Owner-Initiated Rent Determinations
The PHA must make a rent reasonableness determination at initial occupancy and
whenever the owner requests a rent adjustment.
The owner and family first negotiate the rent for a unit. The PHA (or independent
agency in the case of PHA-owned units) will assist the family with the negotiations
upon request. At initial occupancy the PHA must determine whether the proposed rent
is reasonable before a HAP Contract is signed. The owner must not change the rent
during the initial lease term. Subsequent requests for rent adjustments must be
consistent with the lease between the owner and the family. Rent increases will not be
approved unless any failed items identified by the most recent inspection have been
corrected.
PHA Policy
After the initial occupancy period, the owner may request a rent adjustment in
accordance with the owner’s lease. For rent increase requests after initial lease
-up, the PHA may request owners to provide information about the rents
charged for other units on the premises, if the premises include more than four
units. In evaluating the proposed rents in comparison to other units on the
premises the PHA will consider unit size and length of tenancy in the other
units.
The PHA will determine whether the requested increase is reasonable within 10
business days of receiving the request from the owner. The owner will be
notified of the determination in writing.
All rents adjustments will be effective the first of the month if one of the
following criterias are met:
-
Following 60 days after the PHA’s receipt of the owner’s request or on the date
specified by the owner, whichever is later.
-
The anniversary of the participants lease up.
-
The anniversary of the last rent adjustment .
-
Rent adjustments may only be processed once per 12 calendar months.
PHA and HUD-Initiated Rent Reasonableness Determinations
HUD requires the PHA to make a determination of rent reasonableness (even if the
owner has not requested a change) if there is a 10 percent decrease in the fair market
rent that goes into effect at least 60 days before the contract anniversary date. HUD
also may direct the PHA to make a determination at any other time. The PHA may
decide that a new determination of rent reasonableness is needed at any time.
PHA Policy
In addition to the instances described above, the PHA will make a
determination of rent reasonableness at any time after the initial occupancy
period if: (1) the PHA determines that the initial rent reasonableness
determination was in error or (2) the PHA determines that the information
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provided by the owner about the unit or other units on the same premises was
incorrect.
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LIHTC and HOME-Assisted Units [24 CFR 982.507(c)]
For units receiving low-income housing tax credits (LIHTCs) or units assisted under
HUD’s HOME Investment Partnerships (HOME) Program, a rent comparison with
unassisted units is not required if the voucher rent does not exceed the rent for other
LIHTC- or HOME-assisted units in the project that are not occupied by families with
tenant-based assistance.
For LIHTCs, if the rent requested by the owner does exceed the LIHTC rents for non-
voucher families, the PHA must perform a rent comparability study in accordance with
program regulations. In such cases, the rent shall not exceed the lesser of: (1) the
reasonable rent as determined from the rent comparability study; or (2) the payment
standard established by the PHA for the unit size involved.
8-III.C. HOW COMPARABILITY IS ESTABLISHED
Factors to Consider
HUD requires PHAs to take into consideration the factors listed below when
determining rent comparability. The PHA may use these factors to make upward or
downward adjustments to the rents of comparison units when the units are not
identical to the HCV-assisted unit.
Location and age
Unit size including the number of rooms and square footage of rooms
The type of unit including construction type (e.g., single family, duplex, garden, low
-rise, high-rise)
The quality of the units including the quality of the original construction,
maintenance and improvements made
Amenities, services, and utilities included in the rent
Units that Must Not Be Used as Comparables
Comparable units must represent unrestricted market rents. Therefore, units that
receive some form of federal, state, or local assistance that imposes rent restrictions
cannot be considered comparable units. These include units assisted by HUD through
any of the following programs: Section 8 project-based assistance, Section 236 and
Section 221(d)(3) Below Market Interest Rate (BMIR) projects, HOME or Community
Development Block Grant (CDBG) program-assisted units in which the rents are
subsidized; units subsidized through federal, state, or local tax credits; units
subsidized by the Department of Agriculture rural housing programs, and units that are
rent-controlled by local ordinance [Notice PIH 2002-22, Notice PIH 2005-20, and
Notice PIH 2020-19].
Note: Notice PIH 2020-19, issued August 21, 2020, provides further guidance on the
issue of what constitutes an assisted unit.
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Rents Charged for Other Units on the Premises
The Request for Tenancy Approval (HUD-52517) requires owners to provide
information, on the form itself, about the rent charged for other unassisted comparable
units on the premises if the premises include more than 4 units.
By accepting the PHA payment each month the owner certifies that the rent is not
more than the rent charged for comparable unassisted units on the premises. If asked
to do so, the owner must give the PHA information regarding rents charged for other
units on the premises.
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8-III.D . PHA RENT REASONABLENESS METHODOLOGY
How Market Data Is Collected
PHA Policy
The PHA utilizes market data provided by HUD via GoSection8.com.
How Rents Are Determined
PHA Policy
The rent for a unit proposed for HCV assistance will be compared to the rent
charged for comparable units in the same market area
The adjustment must reflect the local market. Not all differences in units require
adjustments (e.g., the presence or absence of a 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 PHA will notify the owner of the rent the PHA can approve based upon its
analysis of rents for comparable units. The owner may submit information about
other comparable units in the market area. The PHA will confirm the accuracy
of the information provided and consider this additional information when
making rent determinations. The owner must submit any additional information
within five business days of the PHA’s request for information or the owner’s
request to submit information.
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EXHIBIT 8-1: AFFIRMATIVE HABITABILITY REQUIREMENTS
Affirmative Habitability Requirements: Inside
Must include at least 1 battery-operated or hard-wired smoke detector, in proper
working condition, on each level of the property.
Must meet or exceed the carbon monoxide detection standards set by the Secretary
through Federal Register notification.
Any outlet installed within 6 feet of a water source must be GFCI protected.
Must have a guardrail when there is an elevated walking surface with a drop off of
30 inches or greater measured vertically.
Must have permanently mounted light fixtures in any kitchens and each bathroom.
May not contain unvented space heaters that burn gas, oil or kerosene.
Affirmative Habitability Requirements: Outside
Any outlet installed within 6 feet of a water source must be GFCI-protected.
Must have a guardrail when there is an elevated walking surface with a drop off of
30 inches or greater measured vertically.
Affirmative Habitability Requirements: Unit
Must have hot and cold running water in the bathroom and kitchen, including an
adequate source of safe drinking water in the bathroom and kitchen.
Must include its own bathroom or sanitary facility that is in proper operating
condition and usable in privacy. It must contain a sink, a bathtub or shower, and an
interior flushable toilet.
Must have at least one battery-operated or hard-wired smoke detector, in proper
working condition, in the following locations:
On each level of the unit AND
Inside each bedroom or sleeping area AND
With 21 feet of any door toa bedroom measured along a path of travel AND
Where a smoke detector is installed outside a bedroom is separated from an
adjacent living area by a door, a smoke detector must also be installed in the
living area side of the door.
If the unit is occupied by a hearing-impaired person, the smoke detectors must have
an alarm system designed for hearing-impaired persons.
Must have a living room and a kitchen area with a sink, cooking appliance,
refrigerator, food preparation area and food storage area.
Must have two working outlets or one working outlet and one permanent light fixture
within all habitable rooms.
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Must have a permanently mounted light fixture in each bathroom and in the kitchen.
Outlets within 6 feet of water source must be GFCI-protected.
Must have permanently installed heating source.
No units may contain unvented space heaters that burn gas, oil or kerosene.
Must have a guard rail when there is an elevated walking surface with a drop off of
30 inches or greater measured vertically.
Must have at least one bedroom or living/sleeping room for each two persons.
9-1
CHAPTER 9
General Leasing Policies
Introduction
Chapter 9 covers the lease-up process from the family's submission of a Request for
Tenancy Approval to execution of the HAP contract.
In order for the PHA to assist a family in a particular dwelling unit, or execute a Housing
Assistance Payments (HAP) contract with the owner of a dwelling unit, the PHA must
determine that all the following program requirements are met:
The unit itself must qualify as an eligible unit [24 CFR §982.305(a)]
The unit must be inspected by the PHA andpass applicable housing quality
standards [24 CFR §982.305(a)]
The lease offered by the owner must be approvable and must include the
required Tenancy Addendum [24 CFR §982.305(a)]
The rent to be charged by the owner for the unit must be reasonable [24 CFR
§982.305(a)]
The owner must be an eligible owner, approvable by the PHA, with no conflicts of
interest [24 CFR §982.306]
For families initially leasing a unit only - Where the gross rent of the unit
exceeds the applicable payment standard for the family, the share of rent to be
paid by the family cannot exceed 40 percent of the family’s monthly adjusted
income [24 CFR §982.305(a)]
9-I.A. TENANT SCREENING
The PHA has no liability or responsibility to the owner or other persons for the family’s
behavior or suitability for tenancy [24 CFR §982.307(a)(1)].
The PHA may elect to screen applicants for family behavior or suitability for tenancy.
See Chapter 3 for a discussion of the PHA’s policies with regard to screening applicant
families for program eligibility [24 CFR §982.307(a)(1)].
The owner is responsible for screening and selection of the family to occupy the owner's
unit. At or before PHA approval of the tenancy, the PHA must inform the owner that
screening and selection for tenancy is the responsibility of the owner [24 CFR
§982.307(a)(2)]. The PHA must also inform the owner or manager of their rights and
obligations under the Violence against Women Act (VAWA) [24 CFR §5.2005(a)(2)].
The PHA must provide the owner with the family's current and prior address (as shown
in the PHA records); and the name and address (if known to the PHA) of the landlord at
the family's current and prior address. [24 CFR §982.307 (b)(1)].
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The PHA is permitted, but not required, to offer the owner other information in the PHA’s
possession about the tenancy history or drug trafficking of family members [24 CFR
§982.307(b)(2)].
The PHA’s policy on providing information to the owner must be included in the family’s
briefing packet [24 CFR §982.307(b)(3)].
The PHA may not disclose to the owner any confidential information provided by the
family in response to a PHA request for documentation of domestic violence, dating
violence, sexual assault, stalking, or human trafficking, except at the written request or
with the written consent of the individual providing the documentation [see 24 CFR
§5.2007(b)(4)].
PHA Policy
The PHA will not screen applicants for family behavior or suitability for tenancy.
The PHA will not provide additional screening information to the owner.
9-I.B. REQUESTING TENANCY APPROVAL [FORM HUD-52517]
After the family is issued a voucher, the family must locate an eligible unit, with an
owner or landlord willing to participate in the voucher program. Once a family finds a
suitable unit and the owner is willing to lease the unit under the program, the owner and
the family must request the PHA to approve the assisted tenancy in the selected unit.
The owner and the family must submit two documents to the PHA:
Completed Request for Tenancy Approval (RFTA) – Form HUD-52517
Copy of the proposed lease, including the HUD-prescribed Tenancy Addendum –
form HUD-52641-A
The RFTA contains important information about the rental unit selected by the family,
including the unit address, number of bedrooms, structure type, year constructed,
utilities included in the rent, and the requested beginning date of the lease, necessary
for the PHA to determine whether to approve the assisted tenancy in this unit.
Owners must certify to the most recent amount of rent charged for the unit and provide
an explanation for any difference between the prior rent and the proposed rent.
Owners must certify that they are not the parent, child, grandparent, grandchild, sister or
brother of any member of the family, unless the PHA has granted a request for
reasonable accommodation for a person with disabilities who is a member of the tenant
household.
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.
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Both the RFTA and the proposed lease must be submitted no later than the expiration
date stated on the voucher. [HCV GB p.8-15].
The PHA must identify in the administrative plan whether the family will be permitted to
submit more than one RFTA at a time [24 CFR 982.54(d)(25)].
PHA Policy
The RFTA must be signed by both the family and the owner.
The owner may submit the RFTA on behalf of the family.
Completed RFTA (including the proposed dwelling lease) must be submitted as
hard copies, in-person, by mail, or by email.
The family may not submit, and the PHA will not process, more than one (1)
RFTA at a time.
When the family submits the RFTA the PHA 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 PHA will
notify the family and the owner of the deficiencies.
Missing information and/or missing documents will only be accepted as
hard copies, in-person, by mail, by email, or by fax. The PHA will not
accept missing information over the phone.
When the family submits the RFTA and proposed lease, the PHA will also 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 PHA will notify the family and the owner of the discrepancies.
Corrections to the terms of the RFTA and/or the proposed lease will only
be accepted as hard copies, in-person, by mail, by email, or by fax. The
PHA will not accept corrections by phone.
Because of the time sensitive nature of the tenancy approval process, the PHA
will attempt to communicate with the owner and family by phone, fax, or email.
The PHA will use mail when the parties cannot be reached by phone, fax, or
email.
9-I.C. OWNER PARTICIPATION
The PHA does not formally approve an owner to participate in the HCV program.
However, there are a number of criteria where the PHA may deny approval of an
assisted tenancy based on past owner behavior, conflict of interest, or other owner-
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related issues. There are also criteria for which the PHA must disapprove an owner. No
owner has a right to participate in the HCV program [24 CFR §982.306(e)]
See Chapter 13 for a full discussion of owner qualification to participate in the HCV
program.
9-I.D. ELIGIBLE UNITS
There are a number of criteria that a dwelling unit must meet in order to be eligible for
assistance under the voucher program. Generally, a voucher-holder family may choose
any available rental dwelling unit on the market in the PHA’s jurisdiction. This includes
the dwelling unit they are currently occupying.
Ineligible Units [24 CFR §982.352(a)]
The PHA may not assist a unit under the voucher program if the unit is a public housing
or Indian housing unit; a unit receiving project-based assistance under Section 8 of the
1937 Act (42 U.S.C. 1437f); nursing homes, board and care homes, or facilities
providing continual psychiatric, medical, or nursing services; college or other school
dormitories; units on the grounds of penal, reformatory, medical, mental, and similar
public or private institutions; a unit occupied by its owner or by a person with any
interest in the unit.
PHA Policy
The PHA does not permit the rental of any single family detached residences
with swimming pools, hot tubs, spas or a Jacuzzi, for leasing under the voucher
program.
PHA-Owned Units [24 CFR §982.352(b)]
PHA-owned units as defined in 24 CFR 982.4 may also be leased in the voucher
program. In order for a PHA-owned unit to be leased under the voucher program, the
unit must not be ineligible housing and the PHA must inform the family, both orally and
in writing, that the family has the right to select any eligible unit available for lease and
that the family is free to select a PHA-owned unit without any pressure or steering by
the PHA. The PHA must obtain the services of an independent entity to perform certain
functions as described in 24 CFR 982.352(b)(v)(A).
PHA Policy
The PHA does not have any eligible PHA-owned units available for leasing under
the voucher program.
9-5
Special Housing Types [24 CFR §982 Subpart M]
HUD regulations permit, but do not generally require, the PHA to permit families to use
voucher assistance in a number of special housing types in accordance with the specific
requirements applicable to those programs. These special housing types include single
room occupancy (SRO) housing, congregate housing, group home, shared housing,
manufactured home space (where the family owns the manufactured home and leases
only the space), cooperative housing and homeownership option. See Chapter 15 for
specific information and policies on any of these housing types that the PHA has
chosen to allow.
The regulations do require the PHA to permit use of any special housing type if needed
as a reasonable accommodation so that the program is readily accessible to and usable
by persons with disabilities.
Duplicative Assistance [24 CFR 982.352(c)]
A family may not receive the benefit of HCV tenant-based assistance while receiving the
benefit of any of the following forms of other housing subsidy, for the same unit or for a
different unit:
Public or Indian housing assistance;
Other Section 8 assistance (including other tenant-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;
Tenant-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); or
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.
Initial InspectionIn order to be eligible, the dwelling unit must be in safe and habitable
condition. See Chapter 8 for a full discussion of the inspection standards, as well as the
process for NSPIRE inspection at initial lease-up.
9-6
Unit Size
In order to be eligible, the dwelling unit must be appropriate for the number of persons
in the household. A family must be allowed to lease an otherwise acceptable dwelling
unit with fewer bedrooms than the number of bedrooms stated on the voucher issued to
the family, provided the unit meets the applicable NSPIRE space requirements [24 CFR
§982.402(d)(5)]. The family must be allowed to lease an otherwise acceptable dwelling
unit with more bedrooms than the number of bedrooms stated on the voucher issued to
the family. See Chapter 5 for a full discussion of subsidy standards.
Rent Reasonableness [24 CFR §982.305; 24 CFR §982.507]
In order to be eligible, the dwelling unit must have a reasonable rent. The rent must be
reasonable in relation to comparable unassisted units in the area and must not be in
excess of rents charged by the owner for comparable, unassisted units on the premises.
See Chapter 8 for a full discussion of rent reasonableness and the rent reasonableness
determination process.
Rent Burden [24 CFR §982.508]
Where a family is initially leasing a unit and the gross rent of the unit exceeds the
applicable payment standard for the family, the family share cannot exceed 40 percent
of the family’s adjusted monthly income. The term “family share” refers to the amount
the family pays toward rent and utilities. The gross rent for the unit minus the total
housing assistance payment (HAP) for the unit equals the family share. See Chapter 6
for a discussion of calculation of gross rent, the use of payment standards, and
calculation of family income, family share of rent and HAP.
9-I.E. LEASE AND TENANCY ADDENDUM
The family and the owner must execute a written dwelling lease agreement for the
assisted unit. This written lease is a contract between the tenant family and the owner;
the PHA is not a party to this contract.
The tenant must have legal capacity to enter a lease under State and local law. 'Legal
capacity' means that the tenant is bound by the terms of the lease and may enforce the
terms of the lease against the owner. [24 CFR §982.308(a)]
Lease Form and Tenancy Addendum [24 CFR §982.308]
If the owner uses a standard lease form for rental to unassisted tenants in the locality or
the premises, the lease must be in such standard form. If the owner does not use a
standard lease form for rental to unassisted tenants, the owner may use another form of
lease. The HAP contract prescribed by HUD contains the owner's certification that if the
owner uses a standard lease form for rental to unassisted tenants, the lease for the
assisted tenant is in such standard form.
All provisions in the HUD-required Tenancy Addendum must be added word-for-word to
the owner's standard lease form. The Tenancy Addendum includes the HUD
9-7
requirements for the tenancy. Because it is a part of the lease, the tenant shall have the
right to enforce the Tenancy Addendum against the owner. If there is a conflict between
the owner’s lease and the Tenancy Addendum, the terms of the Tenancy Addendum
shall prevail over any other provisions of the lease.
PHA Policy
The PHA does not provide a model or standard dwelling lease for owners to use
in the HCV program.
Lease Information [24 CFR §982.308(d)]
The assisted dwelling lease must contain all of the required information as listed below:
The names of the owner and the tenant:
The unit rented (address, apartment number, and any other information needed
to identify the contract unit)
The term of the lease (initial term and any provisions for renewal)
The amount of the monthly rent to owner
A specification of what utilities and appliances are to be supplied by the owner,
and what utilities and appliances are to be supplied by the family
Term of Assisted Tenancy
The initial term of the assisted dwelling lease must be for at least one year [24 CFR
§982.309]. The initial lease term is also stated in the HAP contract.
The HUD program regulations permit the PHA to approve a shorter initial lease term if
certain conditions are met.
PHA Policy
The PHA will not approve an initial lease term of less than one (1) year. For
example lease term dates 1/13/2025-1/12/2026 or 1/13/2025-12/31/2026 would
be an applicable one (1) year lease term.
During the initial term of the lease, the owner may not raise the rent to owner [24 CFR
§982.309].
Any provisions for renewal of the dwelling lease will be stated in the dwelling lease
[HCV Guidebook, pg. 8-22]. There are no HUD requirements regarding any renewal
extension terms, except that they must be in the dwelling lease if they exist.
The PHA may execute the HAP contract even if there is less than one year remaining
from the beginning of the initial lease term to the end of the last expiring funding
increment under the consolidated ACC. [24 CFR §982.309(b)]
9-8
Security Deposit [24 CFR §982.313 (a) and (b)]
The owner may collect a security deposit from the tenant. The PHA may prohibit
security deposits in excess of private market practice, or in excess of amounts charged
by the owner to unassisted tenants. However, if the PHA chooses to do so, language to
this effect must be added to Part A of the HAP contract [Form HUD-52641].
PHA Policy
In accordance with the Arizona Residential Landlord and Tenant Act, Article 2,
§33-1321. Security deposits, “A landlord shall not demand or receive security,
however denominated, including prepaid rent in an amount or value of MORE
THAN one and one-half month's rent.”
Separate Non-Lease Agreements between Owner and Tenant
Owners may not demand or accept any rent payment from the family in excess of the
rent to the owner as approved by the PHA minus the PHA’s housing assistance
payments to the owner. [24 CFR §982.451(b)(4)]
The owner may not charge the tenant extra amounts for items customarily included in
rent in the locality, or provided at no additional cost to unsubsidized tenants in the
premises. [24 CFR §982.510(c)]
PHA Policy
The PHA 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 customarily provided to
unassisted families as part of the dwelling lease with those families, or are
permanently installed in the dwelling unit must be included in the dwelling lease
for the assisted family. These items, appliances, or services cannot be placed
under a separate non-lease agreement between the owner and family.
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 strictly prohibited.
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 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.
The family is not liable and cannot be held responsible under the terms of the
assisted dwelling lease for any charges pursuant to a separate non-lease
agreement between the owner and the family. Non-payment of any charges
pursuant to a separate non-lease agreement between the owner and the family
9-9
cannot be a cause for eviction or termination of tenancy under the terms of the
assisted dwelling lease.
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.
PHA Review of Lease
The PHA will review the dwelling lease for compliance with all applicable requirements.
PHA Policy
If the dwelling lease is incomplete or incorrect, the PHA will notify the family and
the owner of the deficiencies. Missing and corrected lease information will only
be accepted as hard copies, in-person, by mail, or by email. The PHA will not
accept missing and corrected information over the phone.
Because the initial leasing process is time-sensitive, the PHA will attempt to
communicate with the owner and family by phone, fax, or email. The PHA will
use mail when the parties cannot be reached by phone, fax, or email.
The PHA is permitted, but is not required, to review the lease to determine if the lease
complies with State and local law and is permitted to decline to approve the tenancy if
the PHA determines that the lease does not comply with State or local law. [24 CFR
§982.308(c)]
PHA Policy
The PHA will not review the owner’s lease for compliance with state/local law.
9-I.F. TENANCY APPROVAL [24 CFR §982.305]
After receiving the family's Request for Tenancy Approval, with proposed dwelling
lease, the PHA must promptly notify the family and owner whether the assisted tenancy
is approved.
Prior to approving the assisted tenancy and execution of a HAP contract, the PHA must
ensure that all required actions and determinations, discussed in Part I of this chapter
have been completed.
These actions include:
Ensuring that the unit is eligible;
The unit has been inspected by the PHA and meets housing quality standards;
The lease offered by the owner is approvable and includes the required Tenancy
Addendum;
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The rent to be charged by the owner for the unit must is reasonable;
Where the family is initially leasing a unit and the gross rent of the unit exceeds
the applicable payment standard for the family, the share of rent to be paid by the
family does not exceed 40 percent of the family’s monthly adjusted income [24
CFR §982.305(a)];
The owner is an eligible owner, not disapproved by the PHA, with no conflicts of
interest [24 CFR §982.306];
The family and the owner have executed the lease, including the Tenancy
Addendum, and the lead- based paint disclosure information.[24 CFR
§982.305(b)]
PHA Policy
The PHA will complete its determination within 10 business days of receiving all
required information.
If the terms of the RFTA/proposed lease are changed for any reason, including
but not limited to negotiation with the PHA, the PHA will obtain corrected copies
of the RFTA and proposed lease, signed by the family and the owner.
Corrections to the RFTA/proposed lease will only be accepted as hard
copies, in- person, by mail, or by email. The PHA will not accept
corrections over the phone.
If the PHA determines that the tenancy cannot be approved for any reason, the
owner and the family will be notified in writing and given the opportunity to
address any reasons for disapproval. The PHA will instruct the owner and family
of the steps that are necessary to obtain approval of the tenancy.
Where the tenancy is not approvable because the unit is not approvable,
the family must continue to search for eligible housing within the
timeframe of the issued voucher.
If the tenancy is not approvable due to rent affordability or rent
reasonableness, the PHA will attempt to negotiate the rent with the owner.
If a new, approvable rent is negotiated, the tenancy will be approved. If the
owner is not willing to negotiate an approvable rent, the family must
continue to search for eligible housing within the timeframe of the issued
voucher.
9-I.G. HAP CONTRACT EXECUTION [24 CFR §982.305]
The HAP contract is a written agreement between the PHA and the owner of the
dwelling unit. Under the HAP contract, the PHA agrees to make housing assistance
payments to the owner on behalf of the family, and the owner agrees to comply with all
program requirements as stated in the HAP contract.
The HAP contract form is prescribed by HUD.
9-11
If the PHA has given approval for the family of the assisted tenancy, the owner and the
PHA must execute the HAP contract.
The term of the HAP contract must be the same as the term of the lease [24 CFR
§982.451(a)(2)].
The PHA is permitted to execute a HAP contract even if the funding currently available
does not extend for the full term of the HAP contract.
The PHA must make a best effort to ensure that the HAP contract is executed before
the beginning of the lease term. Regardless, the HAP contract must be executed no
later than 60 calendar days from the beginning of the lease term. Any HAP contract
executed after the 60-day period is void, and the PHA may not pay any housing
assistance payment to the owner, unless there are extenuating circumstances that
prevent or prevented the PHA from meeting the 60-day deadline—then the PHA may
submit to the HUD field office a request for an extension no later than two weeks after
the 60-day deadline.
The PHA may not pay any housing assistance payment to the owner until the HAP
contract has been executed. If the HAP contract is executed during the period of 60
calendar days from the beginning of the lease term, the PHA will pay housing
assistance payments after execution of the HAP contract (in accordance with the terms
of the HAP contract), to cover the portion of the lease term before execution of the HAP
contract (a maximum of 60 days).
PHA Policy
Owners who have not previously participated in the HCV program are strongly
encouraged to attend a meeting with the PHA in which the terms of the Tenancy
Addendum and the HAP contract will be explained. The PHA may waive this
requirement on a case-by-case basis, if it determines that the owner is
sufficiently familiar with the requirements and responsibilities under the HCV
program.
The owner and the assisted family will execute the dwelling lease and the owner
must provide a copy to the PHA. The PHA will ensure that both the owner and
the assisted family receive copies of the dwelling lease.
The owner and the PHA will execute the HAP contract. The PHA will not execute
the HAP contract until the owner has submitted IRS form W-9. The PHA will
ensure that the owner receives a copy of the executed HAP contract.
As required under VAWA , once the HAP contract and lease have been executed
and the family has been admitted to the program, the PHA will notify families of
their rights under VAWA by providing all families with a copy of the domestic
violence certification form (HUD-5382) as well as the VAWA notice of occupancy
rights (form HUD-5380).
See Chapter 13 for a discussion of the HAP contract and contract provisions.
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9-I.H. CHANGES IN LEASE OR RENT [24 CFR §982.308]
If the tenant and the owner agree to any changes in the lease, such changes must be in
writing, and the owner must immediately give the PHA a copy of such changes. The
lease, including any changes, must remain in accordance with the requirements of this
chapter.
Generally, PHA approval of tenancy and execution of a new HAP contract are not
required for changes in the lease. However, under certain circumstances, the execution
of a new lease and HAP contract are required. These circumstances include:
Changes in lease requirements governing tenant or owner responsibilities for
utilities or appliances
Changes in lease provisions governing the term of the lease
The family moves to a new unit, even if the unit is in the same building or
complex
In these cases, if the HCV assistance is to continue, the family must submit a new
Request for Tenancy Approval (RFTA) along with a new dwelling lease containing the
proposed changes. A new tenancy must then be approved in accordance with this
chapter.
Where the owner is changing the amount of the rent to owner, the owner must notify the
PHA at least 60 days before any such changes go into effect [24 CFR §982.308(g)(4)].
The PHA will agree to such an increase only if the amount of the rent to owner is
considered reasonable according to the rent reasonableness standards discussed in
Chapter 8. If the requested rent is not found to be reasonable, the owner must either
reduce the requested rent increase or terminate the tenancy in accordance with the
terms of the lease.
No rent increase is permitted during the initial term of the lease [24 CFR
§982.309(a)(3)].
PHA Policy
Where the owner is requesting a rent increase, the PHA will determine whether
the requested increase is reasonable within 10 business days of receiving the
request from the owner. The owner will be notified of the determination in writing.
Rent increases will go into effect on the first of the month following the 60-day
period after the owner notifies the PHA of the rent change, or on the date
specified by the owner, whichever is later.
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CHAPTER 10
Moving with Continued Assistance and Portability
Introduction
Freedom of housing choice is a hallmark of the housing choice voucher (HCV) program.
In general, HUD regulations impose few restrictions on where families may live or move
with HCV assistance. This chapter sets forth HUD regulations and PHA policies
governing moves within or outside the PHA’s jurisdiction in two parts:
Part I: Moving with Continued Assistance. This part covers the general rules
that apply to all moves by a family assisted under the PHA’s HCV program,
whether the family moves to another unit within the PHA’s jurisdiction or to a unit
outside the PHA’s jurisdiction under portability.
Part II: Portability. This part covers the special rules that apply to moves by a
family under portability, whether the family moves out of or into the PHA’s
jurisdiction. This part also covers the special responsibilities that the PHA has
under portability regulations and procedures.
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PART I: MOVING WITH CONTINUED ASSISTANCE
10-I.A. ALLOWABLE MOVES
HUD lists six regulatory conditions under which listed family is allowed to move to a new
unit with continued assistance. Permission to move is subject to the restrictions set forth
in Section 10-I.B.
The family has a right to terminate the lease on notice to the owner (for the
owner’s breach or otherwise) and has given a notice of termination to the owner
in accordance with the lease [24 CFR §982.354(b)(3)]. If the family terminates
the lease on notice to the owner, the family must give the PHA a copy of the
notice at the same time [24 CFR §982.354(d)(1)].
The lease for the family’s unit has been terminated by mutual agreement of the
owner and the family [24 CFR §982.354(b)(1)(ii)].
PHA Policy
If the family and the owner mutually agree to terminate the lease for the
family’s unit, the family must give the PHA a copy of the termination
agreement.
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 [24 CFR §982.354(b)(2)]. The family must give the PHA
a copy of any owner eviction notice [24 CFR §982.551(g)].
The family or a member of the family is or has been the victim of domestic
violence, dating violence, sexual assault, stalking, or human trafficking, and the
move is needed to protect the health or safety of the family or family member
[see 24 CFR §982.354(b)(4)].
-
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 PHA, if the family
or family member who is the victim reasonably believed that they were
imminently threatened by harm from further violence if they remained in the
unit [24 CFR §982.354(b)(4), 24 CFR §982.353(b)].
-
The PHA must adopt an emergency transfer plan as required by regulations
at 24 CFR §5.2007(e).
PHA Policy
If a family requests permission to move with continued assistance or for an
external transfer to another covered housing program operated by the PHA
based on a claim that the move is necessary to protect the health or safety of
a family member who is or has been the victim of domestic violence, dating
violence, sexual assault, stalking, or human trafficking the PHA will request
that the resident request the emergency transfer using form HUD-5383, and
the PHA will request documentation in accordance with section 16-IX.D of this
plan.
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The PHA reserves the right to waive the documentation requirement if it
determines that a statement or other corroborating evidence from the family
or family member will suffice. In such cases the PHA will document the waiver
in the family’s file.
The PHA may choose to provide a voucher to facilitate an emergency transfer
of the victim without first terminating the assistance of the perpetrator.
Before granting an emergency transfer, the PHA will ensure the victim is
eligible to receive continued assistance based on the citizenship or
immigration status of the victim.
The PHA has adopted an emergency transfer plan, which is included as
Exhibit 16-3 to this plan and discusses external transfers to other covered
housing programs.
The PHA has terminated the HAP contract for the family’s unit for the owner’s
breach [24 CFR §982.354(b)(1)(i)].
The PHA determines that the family’s current unit does not meet the NSPIRE
space standards because of an increase in family size or a change in family
composition. In such cases, the PHA must issue the family a new voucher, and
the family and PHA must try to find an acceptable unit as soon as possible. If an
acceptable unit is available for the family, the PHA must terminate the HAP
contract for the family’s old unit in accordance with the HAP contract terms and
must notify both the family and the owner of the termination. The HAP contract
terminates at the end of the calendar month that follows the calendar month in
which the PHA gives notice to the owner. [24 CFR §982.403(a) and (c)]
10-I.B. FAMILY MOVES DUE TO UNIT DEFICIENCIES
Units in Abatement [24 CFR 982.404(d)(3)]
An owner may not terminate the tenancy of a family due to the PHA withholding or
abating HAP for housing quality standards deficiencies that are not repaired timely.
During the period that assistance is abated, the family may terminate tenancy by
notifying the owner and the PHA. If the family chooses to terminate tenancy, the HAP
contract will automatically terminate on the effective date of tenancy termination or the
date the family vacates the unit, whichever is earlier. The PHA must promptly issue the
family its voucher to move.
PHA Policy
Upon receipt of a family’s written notification that it wishes to move, the PHA will
issue a voucher within 10 business days upon receipt of all required
documentation from the participant once the PHA has given written approval to
move. No briefing is required for these families. The PHA will follow the policies
set forth in Chapter 5 on voucher term, extension, and expiration.
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Termination of HAP Contract and Family Moves [24 CFR 982.404(e)]
For HAP contracts executed or renewed on or after June 6, 2024, if an owner fails to
make required repairs within 60 days (or a reasonable longer period established by the
PHA) of the notice of abatement, the PHA must terminate the HAP contract. In this
case, the PHA must issue the family its voucher at least 30 days prior to the termination
of the HAP contract. The family must be provided at least 90 days following the
termination of the HAP contract to lease a new unit, although the PHA may provide a
longer period as the PHA determines is reasonably necessary.
PHA Policy
The PHA will issue a family whose HAP contract is being terminated due to an
owner failing to make required repairs within the required time frame a voucher
no later than 30 days prior to the termination of the HAP contract. The initial term
of the voucher will be 120 calendar days. No briefing is required for these
families.
To continue under the tenant-based HCV program, the family must submit a
Request for Tenancy Approval and proposed lease within the 120-day period
unless the PHA grants an extension. The PHA will follow the policies set forth in
Chapter 5 on voucher extension and expiration.
Offer of Public Housing [24 CFR 982.404(e)(2)]
If the family is unable to lease a new unit within the term of the voucher. and the PHA
owns or operates public housing, the PHA must offer, and if accepted, provide the
family a selection preference for an appropriate-sized public housing unit that first
becomes available for occupancy after the time period expires.
PHA Policy
The PHA does operate a public housing program and will provide a preference
for HCV families whose HAP contract is being terminated due to an owner failing
to make required repairs within the required time frame, and who were unable to
lease a new unit within the term of the voucher.
Thirty days prior to the expiration date of the voucher, the PHA will provide
written notice to the family stating that the PHA does provide such a preference
and providing an estimation of availability for the appropriate-sized public
housing unit.
Relocation Assistance [24 CFR 982.404(e)(3)]
PHAs may assist families relocating due to the HAP contract being terminated as a
result of the owner failing to make required repairs within the required time frame in
finding a new unit, including using up to two months of the withheld and abated
assistance payments for costs directly associated with relocating to a new unit, such as
security deposits, temporary housing costs, or other reasonable moving costs as
determined by the PHA based on their locality.
The PHA must assist families with disabilities with locating available accessible units in
accordance with 24 CFR 8.28(a)(3).
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PHA Policy
The PHA will assist families with disabilities with locating available accessible
units in accordance with program requirements.
The PHA will use up to two months of withheld and abated payment to assist with
any required security deposit at the new unit. Funds will not be used for any other
relocation assistance.
If the family receives a refund of a security deposit for the new unit, the PHA will
not require any amount to be remitted to the PHA.
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10-I.C. RESTRICTIONS ON MOVES
A family’s right to move is generally contingent upon the family’s compliance with
program requirements [24 CFR §982.1(b)(2)]. HUD specifies two conditions under
which a PHA may deny a family permission to move and two ways in which a PHA may
restrict moves by a family.
Denial of Moves
HUD regulations permit the PHA to deny a family permission to move under the
following conditions:
Insufficient Funding
The PHA may deny a family permission to move either within or outside the PHA’s
jurisdiction if the PHA does not have sufficient funding for continued assistance [24 CFR
§982.314(e)(1)].
However, PIH Notice 2016-09 significantly restricts the ability of PHAs to deny
permission to move due to insufficient funding and places further requirements on PHAs
regarding moves denied due to lack of funding. The requirements found in this notice
are mandatory.
PHA Policy
The PHA will deny a family permission to move on grounds that the PHA does
not have sufficient funding for continued assistance if (a) the move is initiated by
the family, not the owner or the PHA; (b) the PHA can demonstrate that the move
will, in fact, result in higher subsidy costs; (c) the PHA can demonstrate, in
accordance with the policies in Part VIII of Chapter 16, that it does not have
sufficient funding in its annual budget to accommodate the higher subsidy costs;
and (d) for portability moves, the receiving PHA is not absorbing the voucher.
If the PHA does not have sufficient funding for continued assistance, but the
family must move from their unit (e.g., the unit failed NSPIRE), the family may
move to a higher cost unit if the move is within the PHA’s jurisdiction. The PHA,
however, will not allow the family to move under portability in this situation if the
family wishes to move to a higher cost area.
For both moves within the PHA’s jurisdiction and outside under portability, the
PHA will not deny a move due to insufficient funding if the PHA previously
approved the move and subsequently experienced a funding shortfall if the family
cannot remain in their current unit. The PHA will rescind the voucher in this
situation if the family will be allowed to remain in their current unit.
The PHA will create a list of families whose moves have been denied due to
insufficient funding. The PHA will keep the family’s request open indefinitely, and
when funds become available, the families on this list will take precedence over
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families on the waiting list. The PHA will use the same procedures for notifying
families with open requests to move when funds become available as it uses for
notifying families on the waiting list (see Section 4-III.D).
The PHA will inform the family of its policy regarding moves denied due to
insufficient funding in a letter to the family at the time the move is denied.
Grounds for Denial or Termination of Assistance
The PHA may deny a family permission to move if it has grounds for denying or
terminating the family’s assistance [24 CFR §982.354(e)(2)].
PHA Policy
If the PHA has grounds for denying or terminating a family’s assistance, the PHA
will act on those grounds in accordance with the regulations and policies set forth
in Chapters 3 and 12, respectively. In general, it will not deny a family permission
to move for this reason; however, it retains the discretion to do so under special
circumstances.
Restrictions on Elective Moves [24 CFR §982.354(c)]
HUD regulations permit the PHA to prohibit any elective move by a participant family
during the family’s initial lease term. They also permit the PHA to prohibit more than one
elective move by a participant family during any 12-month period. However, such
prohibitions, if adopted, do not apply when the family or a member of the family is or has
been the victim of domestic violence, dating violence, sexual assault, stalking, or human
trafficking, and the move is needed to protect the health or safety of the family or family
member. (For the policy on documentation of abuse, see section 10-I.A) In addition, the
PHA may not establish a policy permitting moves only at reexamination [PIH Notice
2016-09].
PHA Policy
The PHA will deny a family permission to make an elective move during the
family’s initial lease term. This policy applies to moves within the PHA’s
jurisdiction or outside it under portability.
The PHA will also deny a family permission to make more than one elective
move during any 12-month period. This policy applies to all assisted families
residing in the PHA’s jurisdiction.
The PHA will consider exceptions to these policies for the following reasons: to
protect the health or safety of a family member (e.g., lead-based paint hazards,
domestic violence, or witness protection programs), to accommodate a change in
family circumstances (e.g., new employment, school attendance in a distant
area), or to address an emergency situation over which a family has no control.
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In addition, the PHA will allow exceptions to these policies for purposes of
reasonable accommodation of a family member who is a person with disabilities
(see Chapter 2).
10-I.D. MOVING PROCESS
Notification
If a family wishes to move to a new unit, the family must notify the PHA and the owner
before moving out of the old unit or terminating the lease on notice to the owner [24
CFR §982.354(d)(2)]. If the family wishes to move to a unit outside the PHA’s
jurisdiction under portability, the notice to the PHA must specify the area where the
family wishes to move [24 CFR §982.354(d)(2), PIH Notice 2012-42]. The notices must
be in writing [24 CFR §982.5].
Approval
PHA Policy
Upon receipt of a family’s notification that it wishes to move, the PHA will
determine whether the move is approvable in accordance with the regulations
and policies set forth in Sections 10-I.A and 10-I.B. The PHA will notify the family
in writing of its determination within 10 business days following receipt of the
family’s notification.
Reexamination of Family Income and Composition
PHA Policy
For families approved to move to a new unit within the PHA’s jurisdiction, the
PHA will perform a new annual reexamination in accordance with the policies set
forth in Chapter 11 of this plan.
For families moving into or families approved to move out of the PHA’s
jurisdiction under portability, the PHA will follow the policies set forth in Part II of
this chapter.
Voucher Issuance and Briefing
PHA Policy
For families approved to move to a new unit within the PHA’s jurisdiction, the
PHA will issue a new voucher within 10 business upon receipt of all required
documentation from the participant once the PHA has given written approval to
move. No briefing is required for these families. The PHA will follow the policies
set forth in Chapter 5 on voucher term, extension, and expiration. If a family does
not locate a new unit within the term of the voucher and any extensions, the
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family may remain in its current unit with continued voucher assistance if the
owner agrees and the PHA approves. Otherwise, the family will lose its
assistance.
For families moving into or families approved to move out of the PHA’s
jurisdiction under portability, the PHA will follow the policies set forth in Part II of
this chapter.
For families moving due an owner failing to make required repairs timely,
resulting in the PHA terminating the HAP contract, the PHA will follow the policies
set forth earlier in this section and in Chapter 8, Part II.
Housing Assistance Payments [24 CFR §982.311(d)]
When a family moves out of an assisted unit, the PHA may not make any housing
assistance payment to the owner for any month after the month the family moves out.
The owner may keep the housing assistance payment for the month when the family
moves out of the unit.
If a participant family moves from an assisted unit with continued tenant-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.
Zero HAP Families Who Wish to Move [24 CFR §982.455]
A participant who is not receiving any subsidy, but whose HAP contract is still in force,
may request a voucher to move to a different unit. The PHA must issue a voucher to
move unless it has grounds to deny assistance under the program regulations.
However, if the PHA determines no subsidy would be paid at the new unit, the PHA may
refuse to enter into a HAP contract on behalf of the family.
PHA Policy
If a zero HAP family requests to move to a new unit, the family may request a
voucher to move. However, if no subsidy will be paid at the unit to which the
family requests to move, the PHA will not enter into a HAP contract on behalf of
the family for the new unit. The PHA must remind the family of 24 CFR §982.455,
Automatic termination of HAP contract, which states, “The HAP contract
terminates automatically 180 calendar days after the last housing assistance
payment to the owner.”
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PART II: PORTABILITY
10-II.A. OVERVIEW
Within the limitations of the regulations and this plan, a participant family or an applicant
family that has been issued a voucher has the right to use tenant-based voucher
assistance to lease a unit anywhere in the United States providing that the unit is
located within the jurisdiction of a PHA administering a tenant-based voucher program
[24 CFR §982.353(b)]. The process by which a family obtains a voucher from one PHA
and uses it to lease a unit in the jurisdiction of another PHA is known as portability. The
PHA that issues the voucher is called the initial PHA. The PHA that has jurisdiction in
the area to which the family wants to move is called the receiving PHA.
The receiving PHA has the option of administering the family’s voucher for the initial
PHA or absorbing the family into its own program. Under the first option, the receiving
PHA provides all housing services for the family and bills the initial PHA for the family’s
housing assistance payments and the fees for administering the family’s voucher. Under
the second option, the receiving PHA pays for the family’s assistance with its own
program funds, and the initial PHA has no further relationship with the family. The initial
PHA must contact the receiving PHA via email or other confirmed delivery method to
determine whether the receiving PHA will administer or absorb the initial PHA’s
voucher. Based on the receiving PHA’s response, the initial PHA must determine
whether they will approved or deny the portability request [PIH Notice 2016-09].
PHAs commonly act as both the initial and receiving PHA because families may move
into or out of their jurisdiction under portability. Each role involves different
responsibilities. The PHA will follow the rules and policies in Section 10-II.B when it is
acting as the initial PHA for a family. It will follow the rules and policies in Section 10-II.C
when it is acting as the receiving PHA for a family.
In administering portability, the initial PHA and the receiving PHA must comply with
financial procedures required by HUD, including the use of HUD-required forms [24
CFR §982.355.(e) (5)].
PHAs must also comply with billing and payment deadlines. HUD may reduce an
administrative fee to an initial or receiving PHA if the PHA does not comply with HUD
portability requirements [24 CFR §982.355 (e) (7)].
10-II.B. INITIAL PHA ROLE
Allowable Moves under Portability
A family may move with voucher assistance only to an area where there is at least one
PHA administering a voucher program [24 CFR §982.353(b)]. If there is more than one
PHA in the area, the initial PHA provides the family with the contact information for the
receiving PHAs that serve the area, and the family selects the receiving PHA. The
family must inform the initial PHA which receiving PHA it has selected. If the family
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prefers not to select the receiving PHA, the initial PHA will select the receiving PHA on
behalf of the family (24 CFR §982.255(b).
Applicant families that have been issued vouchers as well as participant families may
qualify to lease a unit outside the PHA’s jurisdiction under portability. HUD regulations
and PHA policy, determines whether a family qualifies.
Applicant Families
Under HUD regulations, most applicant families qualify to lease a unit outside the PHA’s
jurisdiction under portability. However, HUD gives the PHA discretion to deny a
portability move by an applicant family for the same two reasons that it may deny any
move by a participant family: insufficient funding and grounds for denial or termination of
assistance. If a PHA intends to deny a family permission to move under portability due
to insufficient funding, the PHA must notify HUD within 10 business days of the
determination to deny the move [24 CFR §982.355(e)].
PHA Policy
In determining whether or not to deny an applicant family permission to move
under portability because the PHA lacks sufficient funding or has grounds for
denying assistance to the family, the initial PHA will follow the policies
established in section 10-I.B of this chapter. If the PHA does deny the move due
to insufficient funding, the PHA will notify HUD in writing within 10 business days
of the PHA’s determination to deny the move.
In addition, the initial PHA may establish a policy denying the right to portability to
nonresident applicants during the first 12 months after they are admitted to the program
[24 CFR §982.353(c)].
PHA Policy
If neither the head of household nor the spouse/cohead of an applicant family
had a domicile (legal residence) in the initial PHA’s jurisdiction at the time that
the family’s initial application for assistance was submitted, the family must lease
a unit within the initial PHA’s jurisdiction for at least 12 months before requesting
portability.
The PHA will consider exceptions to this policy for purposes of reasonable
accommodation (see Chapter 2) or reasons related to domestic violence, dating
violence, sexual assault, stalking, or human trafficking.
Participant Families
The Initial PHA must not provide portable assistance for a participant if a family has
moved out of its assisted unit in violation of the lease [24 CFR §982.353(b)]. The
Violence against Women Act (VAWA) creates an exception to this prohibition for
families who are otherwise in compliance with program obligations but have moved to
protect the health or safety of a family member who is or has been a victim of domestic
violence, dating violence, sexual assault, stalking, or human trafficking, and who
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reasonably believed they were imminently threatened by harm from further violence if
they remained in the unit [see 24 CFR §982.353(b)].
PHA Policy
The PHA will determine whether a participant family may move out of the PHA’s
jurisdiction with continued assistance in accordance with the regulations and
policies set forth here and in sections 10-I.A and 10-I.B of this chapter. The PHA
will notify the family of its determination in accordance with the approval policy
set forth in Section 10-I.C of this chapter.
Determining Income Eligibility
Applicant Families
An applicant family may lease a unit in a particular area under portability only if the
family is income eligible for admission to the voucher program in that area [24 CFR
§982.353(d)(1)]. The family must specify the area to which the family wishes to move
[24 CFR §982.355(c)(1)].
The initial PHA is responsible for determining whether the family is income eligible in the
area to which the family wishes to move [24 CFR §982.353(d)(1), 24 CFR §982.355(9)].
If the applicant family is not income eligible in that area, the PHA must inform the family
that it may not move there and receive voucher assistance [PIH Notice 2016-09].
Participant Families
The income eligibility of a participant family is not re-determined if the family moves to a
new jurisdiction under portability [24 CFR §982.353(d)(2).
Reexamination of Family Income and Composition
No new reexamination of family income and composition is required for an applicant
family.
PHA Policy
For a participant family approved to move out of a jurisdiction under portability,
the PHA generally will conduct a reexamination of family income and composition
only if the family’s annual reexamination must be completed on or before the
initial billing deadline specified on form HUD-52665, Family Portability
Information.
The PHA will make any exceptions to this policy necessary to remain in
compliance with HUD regulations.
Briefing
The regulations and policies on briefings set forth in Chapter 5 of this plan
require the PHA to provide information on portability to all applicant families that
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qualify to lease a unit outside the PHA’s jurisdiction under the portability
procedures. Therefore, no special briefing is required for these families.
PHA Policy
No formal briefing will be required for a participant family wishing to move outside
the PHA’s jurisdiction under portability. However, the PHA will provide the family
with the same oral and written explanation of portability that it provides to
applicant families selected for admission to the program (see Chapter 5).
The PHA will provide the name, address, and phone of the contact for the PHAs
in the jurisdiction to which they wish to move. If there is more than one PHA with
jurisdiction over the area to which the family wishes to move, the PHA will advise
the family that the family selects the receiving PHA, and notify the initial PHA of
which receiving PHA was selected. The PHA will provide the family with contact
information for all of the receiving PHAs that serve the area.
The PHA will not provide any additional information about receiving PHAs in the
area.
The PHA will further inform the family that if the family prefers not to select the
receiving PHA, the initial PHA will select the receiving PHA on behalf of the
family. In this case, the PHA will not provide the family with information for all
receiving PHAs in the area.
The PHA will advise the family that they will be under the receiving PHA’s
policies and procedures, including screening, subsidy standards voucher
extension policies, and payment standards.
Voucher Issuance and Term
An applicant family has no right to portability until after the family has been issued a
voucher [24 CFR §982.353(b)]. In issuing vouchers to applicant families, the PHA will
follow the regulations and procedures set forth in Chapter 5.
PHA Policy
For participating families approved to move under portability, the PHA will issue a
new voucher within 10 business days upon receipt of all required documentation
from the participant once the PHA has given written approval to move.
The initial term of the voucher will be 120 days.
However, if the move is due to the HAP contract being terminated due to an
owner failing to make required repairs within the required time frame, the PHA
will issue the family a voucher no later than 30 days prior to the termination of the
HAP contract. The initial term of the voucher will be 120 calendar days.
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Voucher Extensions and Expiration
PHA Policy
The initial PHA will approve no extensions to a voucher issued to an applicant or
participant family porting out of the PHA’s jurisdiction except under the following
circumstances:
(a) the initial term of the voucher will expire before the portable family will be
issued a voucher by the receiving PHA,
(b) the family decides to return to the initial PHA’s jurisdiction and search for a
unit there, or
(c) the family decides to search for a unit in a third PHA’s jurisdiction. In such
cases, the policies on voucher extensions set forth in Chapter 5, Section 5
-II.E, of this plan will apply, including the requirement that the family apply
for an extension in writing prior to the expiration of the initial voucher term.
To receive or continue receiving assistance under the initial PHA’s voucher program, a
family that moves to another PHA’s jurisdiction under portability must be under HAP
contract in the receiving PHA’s jurisdiction within 60 days following the expiration date
of the initial PHA’s voucher term (including any extensions). (See below under “Initial
Billing Deadline” for one exception to this policy.)
Preapproval Contact with the Receiving PHA
Prior to approving a family’s request to move under portability, the initial PHA must
contact the receiving PHA via e-mail or other confirmed delivery method to determine
whether the receiving PHA will administer or absorb the family’s voucher. Based on the
receiving PHA’s response, the initial PHA must determine whether it will approve or
deny the move [24 CFR §982.355(c)(3)].
PHA Policy
The PHA will use e-mail, when possible, to contact the receiving PHA regarding
whether the receiving PHA will administer or absorb the family’s voucher.
Initial Notification to the Receiving PHA
After approving a family’s request to move under portability, the initial PHA must
promptly notify the receiving PHA via email or other confirmed delivery method to
expect the family [24 CFR §982.355(c)(3); 24 CFR §982.355(c) (7)]. The initial PHA
must also advise the family how to contact and request assistance from the receiving
PHA [24 CFR §982.355(c)(6)].
PHA Policy
Because the portability process is time-sensitive, the PHA will notify the receiving
PHA by phone, fax, or e-mail to expect the family. The initial PHA will also ask
the receiving PHA to provide any information the family may need upon arrival,
including the name, fax, email address, and telephone number of the staff person
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responsible for business with incoming portable families and procedures related
to appointments for voucher issuance.
The PHA will pass this information along to the family. The PHA will also ask for
the name, address, telephone number, fax and email of the person responsible
for processing the billing information.
Sending Documentation to the Receiving PHA
The initial PHA is required to send the receiving PHA the following documents:
Form HUD-52665, Family Portability Information, with Part I filled out [PIH Notice
2016- 09]
A copy of the family’s voucher [PIH Notice 2016-09]
A copy of the family’s most recent HUD Form 50058 (Family Report) or, if
necessary in the case of an applicant family, family and income information in a
format similar to that of form HUD-50058 [24 CFR §982.355(c)(7), PIH Notice
2016-09]
Copies of the income verifications backing up the form HUD-50058, including a
copy of the family’s current EIV data [24 CFR §982.355(c)(7), PIH Notice 2016-
09]
PHA Policy
In addition to these documents, the PHA will provide the following information,
if available, to the receiving PHA:
Social security numbers (SSNs)
Documentation of SSNs for all nonexempt household members whose
SSNs have not been verified through the EIV system
Documentation of legal identity
Documentation of citizenship or eligible immigration status
Documentation of participation in the earned income disallowance
(EID) benefit
Documentation of participation in a family self-sufficiency (FSS)
program
The PHA will notify the family in writing regarding any information provided to the
receiving PHA [HCV GB, p. 13-3].
Initial Billing Deadline [PIH Notice 2016-09]
The deadline for submission of initial billing is 90 days following the expiration date of
the voucher issued to the family by the initial PHA. In cases where suspension of the
voucher delays the initial billing submission, the receiving PHA must notify the initial
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PHA of delayed billing before the billing deadline and document the delay is due to the
suspension. In this case, the initial PHA must extend the billing deadline by 30 days.
If the initial PHA does not receive a billing notice by the deadline and does not intend to
honor a late billing submission, it must notify the receiving PHA in writing. The initial
PHA may report to HUD the receiving PHA’s failure to comply with the deadline.
If the initial PHA will honor the late billing, no action is required.
PHA Policy
The initial PHA’s decision as to whether to accept late billing will be based on
internal PHA factors, including the initial PHA’s leasing or funding status. If the
PHA has not received an initial billing notice from the receiving PHA within the
billing deadline and does not intend to honor the late billing, it will contact the
receiving PHA to inform them that it will not honor a late billing submission and
will return any subsequent billings that it receives on behalf of the family. In this
case, the PHA will send the receiving PHA a written confirmation of its decision
by mail.
Among other considerations as to whether to accept late billing will be if the
family includes a person with disabilities and the late billing is a result of a
reasonable accommodation granted to the family by the receiving PHA.
Monthly Billing Payments [24 CFR §982.355(e), PIH Notice 2016-09]
If the receiving PHA is administering the family’s voucher, the receiving PHA bills the
initial PHA for housing assistance payments and administrative fees.
When reimbursing for administrative fees, the initial PHA must promptly reimburse the
receiving PHA for the lesser of 80 percent of the initial PHA ongoing administrative fee,
or 100 percent of the receiving PHA’s ongoing administrative fee for each program unit
under contract on the first day of the month for which the receiving PHA is billing the
initial PHA under portability. If the administrative fees are prorated for the HCV program,
the proration will apply to the amount of the administrative fee for which the receiving
PHA may bill [24 CFR §982.355(e)(2)].
The initial PHA is responsible for making billing payments in a timely manner. The first
billing amount is due within 30 calendar days after the initial PHA receives Part II of
form HUD-52665 from the receiving PHA. Subsequent payments must be received by
the receiving PHA no later than the fifth business day of each month. The payments
must be provided in a form and manner that the receiving PHA is able and willing to
accept.
The initial PHA may not terminate or delay making payments under existing portability
billing arrangements as a result of over leasing or funding shortfalls. The PHA must
manage its tenant- based program in a manner that ensures that it has the financial
ability to provide assistance for families that move out of its jurisdiction under portability
and are not absorbed by receiving PHAs as well as for families that remain within its
jurisdiction.
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PHA Policy
The initial PHA will utilize direct deposit to ensure that the payment is received by
the deadline unless the receiving PHA notifies the initial PHA that direct deposit
is not acceptable to them. If the initial PHA extends the term of the voucher, the
receiving PHA’s voucher will expire 30 calendar days from the new expiration
date of the initial PHA’s voucher.
Annual Updates of Form HUD-50058
If the initial PHA is being billed on behalf of a portable family, it should receive an
updated form HUD-50058 each year from the receiving PHA. If the initial PHA fails to
receive an updated 50058 by the family’s annual reexamination date, the initial PHA
should contact the receiving PHA to verify the status of the family. The initial PHA must
continue paying the receiving PHA based on the last form HUD-50058 received, unless
instructed otherwise by HUD. The initial PHA may seek absorption of the vouchers by
following steps outlined in PIH Notice 2016-09.
Denial or Termination of Assistance [24 CFR §982.355(c)(17)]
At any time, either the initial PHA or the receiving PHA may make a determination to
deny or terminate assistance with the family in accordance with 24 CFR §982.552 and
24 CFR §982.553. (For PHA policies on denial and termination, see Chapters 3 and 12,
respectively.)
10-II.C. RECEIVING PHA ROLE
If a family has a right to lease a unit in the receiving PHA’s jurisdiction under portability,
the receiving PHA must provide assistance for the family [24 CFR §982.355(10)].
The receiving PHA’s procedures and preferences for selection among eligible
applicants do not apply, and the receiving PHA’s waiting list is not used [24 CFR
§982.355(10)]. HUD may determine in certain instances that a PHA is not required to
accept incoming portable families, such as a PHA in a declared disaster area. However,
the PHA must have approval in writing from HUD before refusing any incoming portable
families [24 CFR §982.355(b)].
Administration of the voucher must be in accordance with the receiving PHA’s policies;
this requirement also applies to policies of Moving to Work agencies. The receiving PHA
procedures and preferences for selection among eligible applicants do not apply to the
family, and the receiving PHA waiting list is not used [24 CFR §982.355 (c)(10)]. The
family’s unit, or voucher, size is determined in accordance with the subsidy standards of
the receiving PHA [24 CFR §982.355(c)(12)], and the receiving PHA’s policies on
extensions of the voucher term apply [24 CFR §982.355(c)(14)].
Responding to Initial PHA’s Request [24 CFR §982.355(c)]
The receiving PHA must respond via e-mail or other confirmed delivery method to the
initial PHA’s inquiry to determine whether the family’s voucher will be billed or absorbed
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[24 CFR §982.355(c)(3)]. If the receiving PHA informs the initial PHA that it will be
absorbing the voucher, the receiving PHA cannot reverse its decision at a later date
without consent of the initial PHA (24 CFR §982.355(c)(4).
PHA Policy
The PHA will use e-mail, when possible, to notify the initial PHA whether it will
administer or absorb the family’s voucher.
Initial Contact with Family
When a family moves into the PHA’s jurisdiction under portability, the family is
responsible for promptly contacting the PHA and complying with the PHA’s procedures
for incoming portable families. The family’s failure to comply may result in denial or
termination of the receiving PHA’s voucher [24 CFR §982.355 (c)(8)].
If the voucher issued to the family by the initial PHA has expired, the receiving PHA
Must contact the initial PHA to determine if it will extend the voucher [24 CFR
§982.355(c)(13)]. An informal hearing is not required when a voucher has expired
without the family leasing a unit.
If for any reason the receiving PHA refuses to process or provide assistance to a family
under the portability procedures, the family must be given the opportunity for an informal
review or hearing [PIH Notice 2016-09]. (For more on this topic, see later under “Denial
or Termination of Assistance.”)
Briefing
HUD allows the receiving PHA to require a briefing for an incoming portable family as
long as the requirement does not unduly delay the family’s search [PIH Notice 2016-09.
PHA Policy
The PHA will require the family to attend a briefing. The PHA will provide the
family with a briefing packet (as described in Chapter 5) and, in an individual
briefing, will orally inform the family about the PHA’s payment and subsidy
standards, procedures for requesting approval of a unit, the unit inspection
process, and the leasing process.
Income Eligibility and Reexamination
The receiving PHA does not re-determine eligibility for a portable family that was
already receiving assistance in the initial PHA’s voucher program [24 CFR
§982.355(c)(9)]. If the receiving PHA opts to conduct a new reexamination for a current
participant family, the receiving PHA may not delay issuing the family a voucher or
otherwise delay approval of a unit [24 CFR §982.355(c) (11)].
PHA Policy
For any family moving into its jurisdiction under portability, the PHA will obtain
current verifications associated with the completed application by the household.
.
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Voucher Issuance
When a family moves into its jurisdiction under portability, the receiving PHA is required
to issue the family a voucher [24 CFR §982.355(c)(13)]. The family must submit a
request for tenancy approval to the receiving PHA during the term of the receiving
PHA’s voucher [24 CFR §982.355(c)(15)].
Timing of Voucher Issuance
HUD expects the receiving PHA to issue the voucher within two weeks after receiving
the family’s paperwork from the initial PHA if the information is in order, the family has
contacted the receiving PHA, and the family complies with the receiving PHA’s
procedures [PIH Notice 2016-09].
PHA Policy
When a family ports into its jurisdiction, the PHA will issue the family a voucher
based on the paperwork provided by the family unless the family’s paperwork
from the initial PHA is incomplete, the family’s voucher from the initial PHA has
expired or the family does not comply with the PHA’s procedures. The PHA will
update the family’s information when verification has been completed.
Voucher Term
The term of the receiving PHA’s voucher may not expire before 30 calendar days from
the expiration of the initial PHA’s voucher [24 CFR §982.355(c)(13)]. If the initial PHA
extends the term of the voucher, the receiving PHA’s voucher may not expire before 30
days from the new expiration date of the initial PHA’s voucher [PIH Notice 2016-09].
PHA Policy
The receiving PHA’s voucher will expire 30 calendar days from the expiration
date of the initial PHA’s voucher. If the initial PHA extends the term of the
voucher, the receiving PHA’s voucher will expire 30 calendar days from the new
expiration date of the initial PHA’s voucher.
Voucher Extensions [24 CFR §982.355(c)(14), PIH Notice 2016-09]
Once the receiving PHA issues the portable family a voucher, the receiving PHA’s
policies on extensions of the voucher term apply. The receiving PHA must inform the
initial PHA of any extension granted to the term of the voucher. It must also bear in mind
the billing deadline provided by the initial PHA. Unless willing and able to absorb the
family, the receiving PHA should ensure that any voucher expiration date would leave
sufficient time to process a request for tenancy approval, execute a HAP contract, and
deliver the initial billing to the initial PHA.
PHA Policy
The PHA generally will not extend the term of the voucher that it issues to an
incoming portable family unless the PHA plans to absorb the family into its own
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program, in which case it will follow the policies on voucher extension set forth in
Section 5-II.E.
The PHA will consider an exception to this policy as a reasonable
accommodation to a person with disabilities (see Chapter 2).
Voucher Suspensions [24 CFR §982.303, 24 CFR §982.355(c)(15)]
If the family submits a request for tenancy approval during the term of the receiving
PHA’s voucher, the PHA must suspend the term of that voucher. The term of the
voucher stops from the date that the family submits a request for PHA approval of the
tenancy until the date the PHA notifies the family in writing whether the request has
been approved or denied [24 CFR §982.4(b)] (see Section 5-II.E).
Notifying the Initial PHA
The receiving PHA must promptly notify the initial PHA if the family has leased an
eligible unit under the program or if the family fails to submit a request for tenancy
approval for an eligible unit within the term of the receiving PHA’s voucher [24 CFR
§982.355(c)(16)]. The receiving PHA is required to use Part II of form HUD-52665,
Family Portability Information, for this purpose [PIH Notice 2016-09]. (For more on this
topic and the deadline for notification, see below under “Administering a Portable
Family’s Voucher,”)
If an incoming portable family ultimately decides not to lease in the jurisdiction of the
receiving PHA but instead wishes to return to the initial PHA’s jurisdiction or to search in
another jurisdiction, the receiving PHA must refer the family back to the initial PHA. In
such a case, the voucher of record for the family is once again the voucher originally
issued by the initial PHA. Any extension of search time provided by the receiving PHA’s
voucher is only valid for the family’s search in the receiving PHA’s jurisdiction. [PIH
Notice 2016-09]
Administering a Portable Family’s Voucher
Portability Billing [24 CFR §982.355(e)]
To cover assistance for a portable family that was not absorbed, the receiving PHA bills
the initial PHA for housing assistance payments and administrative fees. The amount of
the housing assistance payment for a portable family in the receiving PHA’s program is
determined in the same manner as for other families in the receiving PHA’s program.
The receiving PHA may bill the initial PHA for the lesser of 80 percent of the initial
PHA’s ongoing administrative fee, or 100 percent of the receiving PHA’s ongoing
administrative fee for each program unit under contract on the first day of the month for
which the receiving PHA is billing the initial PHA under portability. If the administrative
fees are prorated for the HCV program, the proration will apply to the amount of the
administrative fee for which the receiving PHA may bill (i.e., the receiving PHA may bill
for the lesser of 80 percent of the initial PHA’s prorated ongoing administrative fee or
100 percent of the receiving PHA’s ongoing administrative fee).
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If both PHAs agree, the PHAs may negotiate a different amount of reimbursement.
PHA Policy
Unless the PHA negotiates a different amount of reimbursement with the initial
PHA, the PHA will bill the initial PHA the maximum amount of administrative fees
allowed, ensuring any administrative fee proration has been properly applied.
Initial Billing Deadline
If a portable family’s search for a unit is successful and the receiving PHA intends to
administer the family’s voucher, the receiving PHA must submit its initial billing notice
(Part II of form HUD-52665) in time, so that the notice will be received no later than 90
days following the expiration date of the family’s voucher issued by the initial PHA [PIH
Notice 2016-09]. This deadline may be extended for 30 additional days if the delay is
due to suspension of the voucher’s term (see Initial Billing Section). A copy of the
family’s form HUD-50058, Family Report, completed by the receiving PHA must be
attached to the initial billing notice. The receiving PHA may send these documents by
mail, or e-mail.
PHA Policy
The PHA will send its initial billing notice by e-mail, if necessary, to meet the
billing deadline but will also send the notice by regular mail.
If the receiving PHA fails to send the initial billing by the deadline, it is required to
absorb the family into its own program unless (a) the initial PHA is willing to accept the
late submission or HUD requires the initial PHA to honor the late submission (e.g.,
because the receiving PHA is over-leased) [PIH Notice 2016-09].
Ongoing Notification Responsibilities [PIH Notice 2016-09, Form HUD-52665]
Annual Reexamination. The receiving PHA must send the initial PHA a copy of a
portable family’s updated form HUD-50058 after each annual reexamination for the
duration of time the receiving PHA is billing the initial PHA on behalf of the family,
regardless of whether there is a change in the billing amount.
PHA Policy
The PHA will send a copy of the updated form HUD-50058 by email and regular
mail no later than 10 business days after the effective date of the reexamination.
Change in Billing Amount
The receiving PHA is required to notify the initial PHA, using form HUD-52665, of any
change in the billing amount for the family as a result of:
A change in the HAP amount (because of a reexamination, a change in the
applicable payment standard, a move to another unit, etc.)
An abatement or subsequent resumption of the HAP payments
Termination of the HAP contract
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Payment of a damage/vacancy loss claim for the family
Termination of the family from the program
The timing of the notice of the change in the billing amount should correspond with the
notification to the owner and the family, in order to provide the initial PHA with advance
notice of the change. Under no circumstances should the notification be later than 10
business days following the effective date of the change in the billing amount. If the
receiving PHA fails to send Form HUD-52665 within 10 days of effective date of billing
changes, the initial PHA is not responsible for any increase prior to notification. If the
change resulted in a decrease in the monthly billing amount, the initial PHA will offset
future monthly payments until the difference is reconciled.
Late Payments [PIH Notice 2016-09]
If the initial PHA fails to make a monthly payment for a portable family by the fifth
business day of the month, the receiving PHA must promptly notify the initial PHA in
writing of the deficiency. The notice must identify the family, the amount of the billing
payment, the date the billing payment was due, and the date the billing payment was
received (if it arrived late). The receiving PHA must send a copy of the notification to the
Office of Public Housing (OPH) in the HUD area office with jurisdiction over the
receiving PHA. If the initial PHA fails to correct the problem by the second month
following the notification, the receiving PHA may request by memorandum to the
director of the OPH with jurisdiction over the receiving PHA that HUD transfer the unit in
question. A copy of the initial notification and any subsequent correspondence between
the PHAs on the matter must be attached. The receiving PHA must send a copy of the
memorandum to the initial PHA.
If the OPH decides to grant the transfer, the billing arrangement on behalf of the family
ceases with the transfer, but the initial PHA is still responsible for any outstanding
payments due to the receiving PHA.
Overpayments [PIH Notice 2016-09]
In all cases where the receiving PHA has received billing payments for billing
arrangements no longer in effect, the receiving PHA is responsible for returning the full
amount of the overpayment (including the portion provided for administrative fees) to
the initial PHA.
In the event that HUD determines billing payments have continued for at least three
months because the receiving PHA failed to notify the initial PHA that the billing
arrangement was terminated, the receiving PHA must take the following steps:
Return the full amount of the overpayment, including the portion provided for
administrative fees, to the initial PHA.
Once full payment has been returned, notify the Office of Public Housing in the
HUD area office with jurisdiction over the receiving PHA of the date and the
amount of reimbursement to the initial PHA.
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At HUD’s discretion, the receiving PHA will be subject to the sanctions spelled out in
PIH Notice 2016-09.
Denial or Termination of Assistance
At any time, the receiving PHA may make a determination to deny or terminate
assistance to a portable family for family action or inaction [24 CFR §982.355(c)(17)].
In the case of a termination, the PHA should provide adequate notice of the effective
date to the initial PHA to avoid having to return a payment. In no event should the
receiving PHA fail to notify the initial PHA later than 10 business days following the
effective date of the termination of the billing arrangement. [form HUD-52665; PIH
Notice 2016-09]
PHA Policy
If the PHA elects to deny or terminate assistance for a portable family, the PHA
will notify the initial PHA within 10 business days after the informal review or
hearing if the denial or termination is upheld. The PHA will base its denial or
termination decision on the policies set forth in Chapter 3 or Chapter 12,
respectively. The informal review or hearing will be held in accordance with the
policies in Chapter 16. The receiving PHA will furnish the initial PHA with a copy
of the review or hearing decision.
Absorbing a Portable Family
The receiving PHA may absorb an incoming portable family into its own program when
the PHA executes a HAP contract on behalf of the family or at any time thereafter
providing that the PHA has funding available under its annual contributions contract
(ACC) [24 CFR §982.355(d)(1), PIH Notice 2016-09].
If the receiving PHA absorbs a family from the point of admission, the admission will be
counted against the income targeting obligation of the receiving PHA [24 CFR
§982.201(b)(2)(vii)].
If the receiving PHA absorbs a family after providing assistance under a billing
arrangement with the initial PHA the receiving PHA must send an updated form HUD-
52665 to the initial PHA no later than 10 business days following the effective date of
the termination of the billing arrangement. [PIH Notice 2016-09]
PHA Policy
If the PHA decides to absorb a portable family upon the execution of a HAP
contract on behalf of the family, the PHA will notify the initial PHA 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.
If the PHA decides to absorb a family after that, it will provide the initial PHA with
30 days’ advance notice, but no later than 10 business days following the
effective date of the termination of the billing arrangement.
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Following the absorption of an incoming portable family, the family is assisted with funds
available under the consolidated ACC for the receiving PHA’s voucher program [24
CFR §982.355(d)], and the receiving PHA becomes the initial PHA in any subsequent
moves by the family under portability [24 CFR §982.355(e)(4)].
11-1
11-2
11-3
Chapter 11.A.
REEXAMINATIONS
INTRODUCTION
This chapter is applicable until the PHA’s HOTMA 102/104 compliance date. After this
date, the PHA will follow policies as outlined in Chapter 11.B. of the model policy.
The PHA is required to reexamine each family’s income and composition at least
annually, and to adjust the family’s level of assistance accordingly. Interim
reexaminations are also needed in certain situations. This chapter discusses both
annual and interim reexaminations, and the recalculation of family share and subsidy
that occurs as a result. HUD regulations and PHA policies concerning reexaminations
are presented in three parts:
Part I: Annual Reexaminations. This part discusses the process for conducting
annual reexaminations.
Part II: Interim Reexaminations. This part details the requirements for families to
report changes in family income and composition between annual
reexaminations.
Part III: Recalculating Family Share and Subsidy Amount. This part discusses the
recalculation of family share and subsidy amounts based on the results of annual
and interim reexaminations.
Policies governing reasonable accommodation, family privacy, required family
cooperation, and program abuse, as described elsewhere in this plan, apply to both
annual and interim reexaminations.
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516]
11-I.A. OVERVIEW
The PHA must conduct a reexamination of family income and composition at least
annually. This includes gathering and verifying current information about family
composition, income, and expenses. Based on this updated information, the family’s
income and rent must be recalculated. This part discusses the schedule for annual
reexaminations, the information to be collected and verified, and annual reexamination
effective dates. PHAs also have the option of using a Safe Harbor income verification
from another federal means-tested program to verify gross annual income. Chapter 7
contains the PHA’s policies related to use of Safe Harbor income verifications.
11-4
11-I.B. STREAMLINED ANNUAL REEXAMINATIONS [24 CFR 982.516(B);
NEW HCV GB, REEXAMINATIONS]
HUD permits PHAs to streamline the income determination process for family members
with fixed sources of income. While third-party verification of all income sources must be
obtained during the intake process and every three years thereafter, in the intervening
years the PHA may determine income from fixed sources by applying a verified cost of
living adjustment (COLA) or rate of interest. The PHA may, however, obtain third-party
verification of all income, regardless of the source. Further, upon request of the family,
the PHA must perform third-party verification of all income sources.
Fixed sources of income include Social Security and SSI benefits, pensions, annuities,
disability or death benefits, and other sources of income subject to a COLA or rate of
interest. The determination of fixed income may be streamlined even if the family also
receives income from other non-fixed sources.
Two streamlining options are available, depending upon the percentage of the family’s
income that is received from fixed sources. If at least 90 percent of the family’s income
is from fixed sources, the PHA may streamline the verification of fixed income but is not
required to verify non-fixed income amounts. If the family receives less than 90 percent
of its income from fixed sources, the PHA may streamline the verification of fixed
income and must verify non-fixed income annually.
PHA Policy
The PHA will streamline the annual reexamination process by applying the
verified COLA or interest rate to fixed-income sources. The PHA will document in
the file how the determination that a source of income was fixed was made.
If a family member with a fixed source of income is added, the PHA will use third-
party verification of all income amounts for that family member.
If verification of the COLA or rate of interest is not available, the PHA will obtain
third-party verification of income amounts.
Third-party verification of fixed sources of income will be obtained during the
intake process and at least once every three years thereafter.
Third-party verification of non-fixed income will be obtained annually regardless
of the percentage of family income received from fixed sources.
11-5
11-I.C. SCHEDULING ANNUAL REEXAMINATIONS
The PHA must establish a policy to ensure that the annual reexamination for each
family is completed within a 12-month period and may require reexaminations more
frequently [HCV GB p. 12-1].
PHA Policy
The PHA will begin the annual reexamination process 120 days in advance of its
scheduled effective date. Generally, the PHA will schedule annual reexamination
effective dates to coincide with the family’s lease anniversary date.
Anniversary date is defined as 12 months from the effective date of the family’s
last annual reexamination or, during a family’s first year in the program, from the
effective date of the family’s initial examination (admission).
If the family moves to a new unit, the PHA will perform a new annual
reexamination.
The PHA also may schedule an annual reexamination for completion prior to the
anniversary date for administrative purposes.
Notification of and Participation in the Annual Reexamination Process
The PHA is required to obtain the information needed to conduct annual
reexaminations. How that information will be collected is left to the discretion of the
PHA. However, PHAs should give tenants who were not provided the opportunity the
option to complete Form HUD-92006 at this time [Notice PIH 2009-36].
PHA Policy
Families generally may be required to participate in an annual reexamination
interview, which must be attended by the head of household, spouse, or cohead.
If participation in an in-person interview poses a hardship because of a family
member’s disability, the family should contact the PHA to request a reasonable
accommodation (see Chapter 2).
Notification of annual reexamination interviews will be sent by first-class mail and
will contain the date, time, and location of the interview. In addition, it will inform
the family of the information and documentation that must be brought to the
interview.
If the family is unable to attend a scheduled interview, the family should contact
the PHA in advance of the interview to schedule a new appointment. If a family
does not attend the scheduled interview, the PHA will send a second notification
with a new interview date and appointment time.
If a family fails to attend two scheduled interviews without PHA approval, or if the
notice is returned by the post office with no forwarding address, a notice of
11-6
termination (see Chapter 12) will be sent to the family’s address of record, and to
any alternate address provided in the family’s file.
An advocate, interpreter, or other assistant may assist the family in the interview
process. The family and the PHA must execute a certification attesting to the role
and the assistance provided by any such third party.
11-7
11-I.D. CONDUCTING ANNUAL REEXAMINATIONS
As part of the annual reexamination process, families are required to provide updated
information to the PHA regarding the family’s income, expenses, and composition [24
CFR 982.551(b)].
PHA Policy
Families will be asked to bring all required information (as described in the
reexamination notice) to the reexamination appointment. The required
information will include a PHA-designated reexamination form, an Authorization
for the Release of Information/Privacy Act Notice, as well as supporting
documents or forms related to the family’s income, expenses, and family
composition. The PHA utilizes an online application portal. If a family is unable to
complete the online portal due to disability or other reasonable circumstances,
the family may complete a paper reexamination packet.
Any required documents or information that the family is unable to provide at the
time of the interview must be provided within 10 business days of the interview. If
the family is unable to obtain the information or materials within the required time
frame, the family may request an extension.
If the family does not provide the required documents or information within the
required time period (plus any extensions), the family will be sent a notice of
termination (See Chapter 12).
Additionally, HUD recommends that at annual reexaminations PHAs ask whether the
tenant, or any member of the tenant’s household, is subject to a lifetime sex offender
registration requirement in any state [Notice PIH 2012-28].
PHA Policy
At the annual reexamination, the PHA will ask whether the tenant, or any
member of the tenant’s household, is subject to a lifetime sex offender
registration requirement in any state. The PHA will use the Dru Sjodin National
Sex Offender database to verify the information provided by the tenant.
If the PHA proposes to terminate assistance based on lifetime sex offender registration
information, the PHA must notify the household of the proposed action and must
provide the subject of the record and the tenant a copy of the record and an opportunity
to dispute the accuracy and relevance of the information prior to termination. [24 CFR
5.903(f) and 5.905(d)]. (See Chapter 12.)
11-8
The information provided by the family generally must be verified in accordance with the
policies in Chapter 7. Unless the family reports a change, or the PHA has reason to
believe a change has occurred in information previously reported by the family, certain
types of information that are verified at admission typically do not need to be re-verified
on an annual basis. These include:
Legal identity
Age
Social security numbers
A person’s disability status
Citizenship or immigration status
If adding a new family member to the unit causes overcrowding according to the
housing quality standards (HQS) (see Chapter 8), the PHA must issue the family a new
voucher, and the family and PHA must try to find an acceptable unit as soon as
possible. If an acceptable unit is available for rental by the family, the PHA must
terminate the HAP contract in accordance with its terms [24 CFR 982.403].
11-9
11-I.E. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS
[24 CFR 982.552(B)(5)]
Section 327 of Public Law 109-115 established new restrictions on the ongoing eligibility
of certain students (both part- and full-time) who are enrolled in institutions of higher
education.
If a student enrolled in an institution of higher education is under the age of 24, is not a
veteran, is not married, does not have a dependent child, and is not a person with
disabilities receiving HCV assistance as of November 30, 2005, the student’s eligibility
must be reexamined along with the income eligibility of the student’s parents on an
annual basis. In these cases, both the student and the student’s parents must be
income eligible for the student to continue to receive HCV assistance. If, however, a
student in these circumstances is determined independent from their parents or is
considered a vulnerable youth in accordance with PHA policy, the income of the
student’s parents will not be considered in determining the student’s ongoing eligibility.
Students who reside with parents in an HCV assisted unit are not subject to this
provision. It is limited to students who are receiving assistance on their own, separately
from their parents.
PHA Policy
During the annual reexamination process, the PHA will determine the ongoing
eligibility of each student who is subject to the eligibility restrictions in 24 CFR
5.612 by reviewing the student’s individual income as well as the income of the
student’s parents. If the student has been determined “independent” from their
parents or is considered a vulnerable youth based on the policies in Sections 3-
II.E and 7-II.E, the parents’ income will not be reviewed.
If the student is no longer income eligible based on their own income or the
income of their parents, the student’s assistance will be terminated in accordance
with the policies in Section 12-I.D.
If the student continues to be income eligible based on their own income and the
income of their parents (if applicable), the PHA will process a reexamination in
accordance with the policies in this chapter.
11-10
11-I.F. EFFECTIVE DATES
The PHA must establish policies concerning the effective date of changes that result
from an annual reexamination [24 CFR 982.516].
PHA Policy
In general, an increase in the family share of the rent that results from an annual
reexamination will take effect on the family’s anniversary date, and the family will
be notified at least 30 days in advance.
If less than 30 days remain before the scheduled effective date, the
increase will take effect on the first of the month following the end of the
30-day notice period.
If a family moves to a new unit, the increase will take effect on the
effective date of the new lease and HAP contract, and no 30-day notice is
required.
If the PHA chooses to schedule an annual reexamination for completion
prior to the family’s anniversary date for administrative purposes, the
effective date will be determined by the PHA, but will always allow for the
30-day notice period.
If the family causes a delay in processing the annual reexamination,
increases in the family share of the rent will be applied retroactively, to the
scheduled effective date of the annual reexamination. The family will be
responsible for any overpaid subsidy and may be offered a repayment
agreement in accordance with the policies in Chapter 16.
In general, a decrease in the family share of the rent that results from an annual
reexamination will take effect on the family’s anniversary date.
If a family moves to a new unit, the decrease will take effect on the
effective date of the new lease and HAP contract.
If the PHA chooses to schedule an annual reexamination for completion
prior to the family’s anniversary date for administrative purposes, the
effective date will be determined by the PHA.
If the family causes a delay in processing the annual reexamination,
decreases in the family share of the rent will be applied prospectively,
from the first day of the month following completion of the reexamination
processing.
Delays in reexamination processing are considered to be caused by the family if
the family fails to provide information requested by the PHA by the date
specified, and this delay prevents the PHA from completing the reexamination as
scheduled.
11-11
11-12
PART II: INTERIM REEXAMINATIONS [24 CFR 982.516]
11-II.A. OVERVIEW
Family circumstances may change between annual reexaminations. HUD and PHA
policies dictate what kinds of information about changes in family circumstances must
be reported, and under what circumstances the PHA must process interim
reexaminations to reflect those changes. HUD regulations also permit the PHA to
conduct interim reexaminations of income or family composition at any time. When an
interim reexamination is conducted, only those factors that have changed are verified
and adjusted [HCV GB, p. 12-10].
In addition to specifying what information the family must report, HUD regulations permit
the family to request an interim determination if other aspects of the family’s income or
composition changes. The PHA must complete the interim reexamination within a
reasonable time after the family’s request.
This part includes HUD and PHA policies describing what changes families are required
to report, what changes families may choose to report, and how the PHA will process
both PHA- and family-initiated interim reexaminations.
11-II.B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION
The family is required to report all changes in family composition. The PHA must adopt
policies prescribing when and under what conditions the family must report changes in
income and family composition. However, due to family obligations under the program,
the PHA has limited discretion in this area.
PHA Policy
The PHA will conduct interim reexaminations to account for any changes in
household composition that occur between annual reexaminations.
New Family Members Not Requiring PHA Approval
The addition of a family member as a result of birth, adoption, or court-awarded custody
does not require PHA approval. However, the family is required to promptly notify the
PHA of the addition [24 CFR 982.551(h)(2)].
PHA Policy
The family must inform the PHA of the birth, adoption, or court-awarded custody
of a child within 10 business days.
11-13
New Family and Household Members Requiring Approval
With the exception of children who join the family as a result of birth, adoption, or court-
awarded custody, a family must request PHA approval to add a new family member [24
CFR 982.551(h)(2)] or other household member (live-in aide or foster child) [24 CFR
982.551(h)(4)].
Although the PHA must verify aspects of program eligibility when any new family
member is added, the Streamlining Final Rule removed the requirement that PHAs
conduct a reexamination of income whenever a new family member is added. The PHA
may state in policy that an income reexamination will be conducted.
If a change in family size causes a violation of Housing Quality Standards (HQS) space
standards (see Chapter 8), the PHA must issue the family a new voucher, and the
family and PHA must try to find an acceptable unit as soon as possible. If an acceptable
unit is available for rental by the family, the PHA must terminate the family’s HAP
contract in accordance with its terms [24 CFR 982.403].
PHA Policy
Families must request PHA approval to add a new family member, live-in aide,
foster child, or foster adult. This includes any person not on the lease who is
expected to stay in the unit for more than 30 consecutive days or 90 cumulative
days within a 12-month period and therefore no longer qualifies as a “guest.”
Requests must be made in writing and approved by the PHA prior to the
individual moving into the unit.
The PHA will not approve the addition of a new family or household member
unless the individual meets the PHA’s eligibility criteria (see Chapter 3) and
documentation requirements (see Chapter 7, Part II).
The PHA will not approve the addition of a foster child or foster adult if it will
cause a violation of HQS space standards.
If the PHA determines an individual meets the PHA’s eligibility criteria and
documentation requirements, the PHA will provide written approval to the family.
If the approval of a new family member or live-in aide will cause overcrowding
according to HQS standards, the approval letter will explain that the family will be
issued a voucher and will be required to move. A voucher will only be issued if
the family is able to vacate their current unit. This includes moving at the end of
the lease term or mutual agreement between the family and landlord to terminate
the lease before expiration.
If the PHA determines that an individual does not meet the PHA’s eligibility
criteria or documentation requirements, the PHA will notify the family in writing of
its decision to deny approval of the new family or household member and the
reasons for the denial.
11-14
The PHA will make its determination within 10 business days of receiving all
information required to verify the individual’s eligibility.
11-15
Departure of a Family or Household Member
Families must promptly notify the PHA if any family member no longer lives in the unit
[24 CFR 982.551(h)(3)]. Because household members are considered when
determining the family unit (voucher) size [24 CFR 982.402], the PHA also needs to
know when any live-in aide, foster child, or foster adult ceases to reside in the unit.
PHA Policy
If a household member ceases to reside in the unit, the family must inform the
PHA within 10 business days. This requirement also applies to a family member
who has been considered temporarily absent at the point that the family
concludes the individual is permanently absent. Verification of the new address
of the family member(s) moving from the unit will be required.
Changes in Family Unit Size (Voucher Size) [24 CFR 982.505(c)(6)]
Changes effective 12/2/24 and earlier: Irrespective of any increase or decrease in the
payment standard, if the family unit size increases or decreases during the HAP
contract term, the new family unit size must be used to determine the payment standard
for the family beginning at the family’s first regular reexamination following the change
in family unit size.
Changes effective 12/3/24 and later: Irrespective of any increase or decrease in the
payment standard, if the family unit size increases or decreases during the HAP
contract term, the new family unit size may be used to determine the payment standard
immediately or at the family’s first regular reexamination following the change in family
unit size.
PHA Policy
If the family unit size (voucher size) changes during the term of a HAP contract,
the new family unit size will be used to determine the payment standard at the
family’s first regular reexamination following the change in family unit size.
11-16
11-II.C. CHANGES AFFECTING INCOME OR EXPENSES
Interim reexaminations can be scheduled either because the PHA has reason to believe
that changes in income or expenses may have occurred, or because the family reports
a change. When a family reports a change, the PHA may take different actions
depending on whether the family reported the change voluntarily, or because it was
required to do so.
PHA-Initiated Interim Reexaminations
PHA-initiated interim reexaminations are those that are scheduled based on
circumstances or criteria defined by the PHA. They are not scheduled because of
changes reported by the family.
PHA Policy
The PHA will conduct interim reexaminations in each of the following instances:
For families receiving the Earned Income Disallowance (EID), the PHA will
conduct an interim reexamination at the conclusion of the 24-month
eligibility period.
If at the time of the annual reexamination, it is not feasible to anticipate a
level of income for the next 12 months (e.g. seasonal or cyclic income),
the PHA will schedule an interim reexamination to coincide with the end of
the period for which it is feasible to project income.
If at the time of the annual reexamination, tenant declarations were used
on a provisional basis due to the lack of third-party verification, and third-
party verification becomes available, the PHA will conduct an interim
reexamination.
The PHA may conduct an interim reexamination at any time in order to
correct an error in a previous reexamination, or to investigate a tenant
fraud complaint.
11-17
Family-Initiated Interim Reexaminations
The PHA must adopt policies prescribing when and under what conditions the family
must report changes in family income or expenses [24 CFR 982.516(c)]. In addition,
HUD regulations require that the family be permitted to obtain an interim reexamination
any time the family has experienced a change in circumstances since the last
determination [24 CFR 982.516(b)(2)].
Required Reporting
HUD regulations give the PHA the freedom to determine the circumstances under which
families will be required to report changes affecting income.
PHA Policy
Families are required to report all increases in income within 10 business days of
the date the change takes effect.
Optional Reporting
The family may request an interim reexamination any time the family has experienced a
change in circumstances since the last determination [24 CFR 982.516(b)(2)]. The PHA
must process the request if the family reports a change that will result in a reduced
family income [HCV GB, p. 12-9].
If a family reports a decrease in income from the loss of welfare benefits due to fraud or
non-compliance with a welfare agency requirement to participate in an economic self-
sufficiency program, the family’s share of the rent will not be reduced [24 CFR 5.615].
For more information regarding the requirement to impute welfare income see Chapter
6.
PHA Policy
Families are required to report all changes in income or expenses within 10
business days of the date the change takes effect.
If the PHA determines no change is to be made, the PHA will send a letter to the
family notifying them that no interim will be conducted.
11-18
11-II.D. PROCESSING THE INTERIM REEXAMINATION
Method of Reporting
PHA Policy
The family must notify the PHA of changes in writing on the PHA Change Report
Form. If the family provides oral notice, the PHA will require the family to submit
the changes in writing. Until the family reports the changes on the PHA Change
Report Form, the change is not considered reported.
Generally, the family will not be required to attend an interview for an interim
reexamination. However, if the PHA determines that an interview is warranted,
the family may be required to attend.
Based on the type of change reported, the PHA will determine the documentation
the family will be required to submit. The family must submit any required
information or documents within 10 business days of receiving a request from the
PHA. This time frame may be extended for good cause with PHA approval. The
PHA will accept required documentation by mail, by email, or in person.
Effective Dates
The PHA must establish the time frames in which any changes that result from an
interim reexamination will take effect [24 CFR 982.516(d)]. The changes may be applied
either retroactively or prospectively, depending on whether there is to be an increase or
a decrease in the family share of the rent, and whether the family reported any required
information within the required time frames [HCV GB, p. 12-10].
PHA Policy
If the family share of the 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 overpaid subsidy and may be offered a
repayment agreement in accordance with the policies in Chapter 16.
If the family share of the rent is to decrease:
• The decrease will be effective on the first day of the month following the month in
which the change was reported and all required documentation was submitted;
however, all required documentation must be received by the 20th calendar day of the
month to allow adequate time for processing.
• In cases where the change cannot be verified until after the date the change would
have become effective, the change will be made retroactively on a case by case basis.
11-19
PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT
11-III.A. OVERVIEW
After gathering and verifying required information for an annual or interim
reexamination, the PHA must recalculate the family share of the rent and the subsidy
amount and notify the family and owner of the changes [24 CFR 982.516(d)(2), HCV 12
-6 and 12-10]. While the basic policies that govern these calculations are provided in
Chapter 6, this part lays out policies that affect these calculations during a
reexamination.
11-III.B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES
In order to calculate the family share of the rent and HAP amount correctly, changes in
payment standards, subsidy standards, or utility allowances may need to be updated
and included in the PHA’s calculations.
Specific policies governing how subsidy standards, payment standards, and utility
allowances are applied are discussed below.
Payment Standards [24 CFR 982.505 and FR Notice 5/7/24]
The family share of the rent and HAP calculations must use the correct payment
standard for the family, taking into consideration the family unit size, the size of unit, and
the area in which the unit is located [HCV GB, p. 12-5]. See Chapter 6 for information
on how to select the appropriate payment standard when the PHA changes its payment
standard or when there is a change in family composition.
Subsidy Standards [24 CFR 982.505(c)(4)]
If there is a change in the family unit size that would apply to a family during the HAP
contract term, either due to a change in family composition, or a change in the PHA’s
subsidy standards (see Chapter 5), the new family unit size must be used to determine
the payment standard amount for the family immediately or at the family’s first annual
reexamination following the change in family unit size.
Utility Allowances [24 CFR 982.517(d)]
The family share of the rent and HAP calculations must reflect any changes in the
family’s utility arrangement with the owner, or in the PHA’s utility allowance schedule
[HCV GB, p. 12-5]. Chapter 16 discusses how utility allowance schedules are
established.
When there are changes in the utility arrangement with the owner, the PHA must use
the utility allowances in effect at the time the new lease and HAP contract are executed.
At reexamination, the PHA must use the PHA current utility allowance schedule [HCV
GB, p. 18-8].
11-20
PHA Policy
Revised utility allowances will be applied to a family’s rent and subsidy
calculations at the first annual reexamination after the allowance is adopted.
11-21
11-III.C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT
The PHA must notify the owner and family of any changes in the amount of the HAP
payment [HUD-52641, HAP Contract]. The notice must include the following information
[HCV GB, p. 12-6]:
The amount and effective date of the new HAP payment
The amount and effective date of the new family share of the rent
The amount and effective date of the new tenant rent to owner
The family must be given an opportunity for an informal hearing regarding the PHA’s
determination of their annual or adjusted income, and the use of such income to
compute the housing assistance payment [24 CFR 982.555(a)(1)(i)] (see Chapter 16).
PHA Policy
The PHA will comply with HUD required notification of changes in the amount of
the HAP payments and tenant portion.
11-III.D. DISCREPANCIES
During an annual or interim reexamination, the PHA may discover that information
previously reported by the family was in error, or that the family intentionally
misrepresented information. In addition, the PHA may discover errors made by the
PHA. When errors resulting in the overpayment or underpayment of subsidy are
discovered, corrections will be made in accordance with the policies in Chapter 13.
11-22
11-23
Chapter 11.B.
REEXAMINATIONS UNDER HOTMA 102/104
INTRODUCTION
This chapter is applicable upon the PHA’s HOTMA 102/104 compliance date. Prior to
this date, the PHA will follow policies as outlined in Chapter 11.A. of the model policy.
The PHA is required to reexamine each family’s income and composition at least
annually, and to adjust the family’s level of assistance accordingly. Interim
reexaminations are also needed in certain situations. This chapter discusses both
annual and interim reexaminations, and the recalculation of family share and subsidy
that occurs as a result. HUD regulations and PHA policies concerning reexaminations
are presented in three parts:
Part I: Annual Reexaminations. This part discusses the process for conducting
annual reexaminations.
Part II: Interim Reexaminations. This part details the requirements for families to
report changes in family income and composition between annual
reexaminations.
Part III: Recalculating Family Share and Subsidy Amount. This part discusses the
recalculation of family share and subsidy amounts based on the results of annual
and interim reexaminations.
Part IV: Non-Interim Reexamination Transaction. This part describes transactions
that do not entail changes to the family’s adjusted income.
Policies governing reasonable accommodation, family privacy, required family
cooperation, and program abuse, as described elsewhere in this plan, apply to both
annual and interim reexaminations.
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516]
11-I.A. OVERVIEW
The PHA must conduct a reexamination of family income and composition at least
annually. This includes gathering and verifying current information about family
composition, income, and expenses. Based on this updated information, the family’s
income and rent must be recalculated. This part discusses the schedule for annual
reexaminations, the information to be collected and verified, and annual reexamination
effective dates.
Unlike when performing an interim reexamination or at intake, at annual reexamination,
the PHA must determine the income of the family for the previous 12-month period,
except where the PHA uses a streamlined income determination. Income from assets,
however, is always anticipated, irrespective of the income examination type [Notice PIH
11-24
2023-27]. PHAs also have the option of using a Safe Harbor income verification from
another federal means-tested program to verify gross annual income. Chapter 7
contains the PHA’s policies related to streamlined income determinations and the use of
Safe Harbor income verifications.
11-25
11-I.B. SCHEDULING ANNUAL REEXAMINATIONS
The PHA must establish a policy to ensure that the annual reexamination for each
family is completed within a 12-month period and may require reexaminations more
frequently [HCV GB p. 12-1].
PHA Policy
The PHA will begin the annual reexamination process 120 days in advance of its
scheduled effective date. Generally, the PHA will schedule annual reexamination
effective dates to coincide with the family’s anniversary date.
Anniversary date is defined as 12 months from the effective date of the family’s
last annual reexamination or, during a family’s first year in the program, from the
effective date of the family’s initial examination (admission).
If the family moves to a new unit, the PHA will perform a new annual
reexamination.
The PHA also may schedule an annual reexamination for completion prior to the
anniversary date for administrative purposes.
Notification of and Participation in the Annual Reexamination Process
The PHA is required to obtain the information needed to conduct annual
reexaminations. How that information will be collected is left to the discretion of the
PHA. However, PHAs should give tenants who were not provided the opportunity the
option to complete Form HUD-92006 at this time [Notice PIH 2009-36].
PHA Policy
The PHA can generally require the participant to attend an annual reexamination
interview, which must be attended by the head of household, spouse, or cohead.
If participation in an in-person interview poses a hardship because of a family
member’s disability, the family should contact the PHA to request a reasonable
accommodation (see Chapter 2).
Notification of annual reexamination interviews will be sent by first-class mail and
will contain the date, time, and location of the interview. In addition, it will inform
the family of the information and documentation that must be brought to the
interview.
If the family is unable to attend a scheduled interview, the family should contact
the PHA in advance of the interview to schedule a new appointment. If a family
does not attend the scheduled interview, the PHA will send a second notification
with a new interview date and appointment time.
If a family fails to attend two scheduled interviews without PHA approval, or if the
notice is returned by the post office with no forwarding address, a notice of
11-26
termination (see Chapter 12) will be sent to the family’s address of record, and to
any alternate address provided in the family’s file.
An advocate, interpreter, or other assistant may assist the family in the interview
process.
11-27
11-I.C. CONDUCTING ANNUAL REEXAMINATIONS
As part of the annual reexamination process, families are required to provide updated
information to the PHA regarding the family’s income, expenses, and composition [24
CFR 982.551(b)].
PHA Policy
Families will be asked to bring all required information (as described in the
reexamination notice) to the reexamination appointment. The required
information will include a PHA-designated reexamination form as well as
supporting documents or forms related to the family’s income, expenses, and
family composition. The PHA utilizes an online application portal. If a family is
unable to complete the online portal due to disability or other reasonable
circumstances, the family may complete a paper reexamination packet.
Any required documents or information that the family is unable to provide at the
time of the interview must be provided within 10 business days of the interview. If
the family is unable to obtain the information or materials within the required time
frame, the family may request an extension.
If the family does not provide the required documents or information within the
required time period (plus any extensions), the family will be sent a notice of
termination (See Chapter 12).
Additionally, HUD recommends that at annual reexaminations PHAs ask whether the
tenant, or any member of the tenant’s household, is subject to a lifetime sex offender
registration requirement in any state [Notice PIH 2012-28].
PHA Policy
At the annual reexamination, the PHA will ask whether the tenant, or any
member of the tenant’s household, is subject to a lifetime sex offender
registration requirement in any state. The PHA will use the Dru Sjodin National
Sex Offender database to verify the information provided by the tenant.
If the PHA proposes to terminate assistance based on lifetime sex offender registration
information, the PHA must notify the household of the proposed action and must
provide the subject of the record and the tenant a copy of the record and an opportunity
to dispute the accuracy and relevance of the information prior to termination. [24 CFR
5.903(f) and 5.905(d)]. (See Chapter 12.)
11-28
The information provided by the family generally must be verified in accordance with the
policies in Chapter 7. Unless the family reports a change, or the PHA has reason to
believe a change has occurred in information previously reported by the family, certain
types of information that are verified at admission typically do not need to be re-verified
on an annual basis. These include:
Legal identity
Age
Social security numbers
A person’s disability status
Citizenship or immigration status
If adding a new family member to the unit causes overcrowding according to space
standards (see Chapter 8), the PHA must issue the family a new voucher, and the
family and PHA must try to find an acceptable unit as soon as possible. If an acceptable
unit is available for rental by the family, the PHA must terminate the HAP contract in
accordance with its terms [24 CFR 982.403].
11-29
11-I.D. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS
[24 CFR 982.552(B)(5)]
Section 327 of Public Law 109-115 established restrictions on the ongoing eligibility of
certain students (both part- and full-time) who are enrolled in institutions of higher
education.
If a student enrolled in an institution of higher education is under the age of 24, is not a
veteran, is not married, does not have a dependent child, and is not a person with
disabilities receiving HCV assistance as of November 30, 2005, the student’s eligibility
must be reexamined along with the income eligibility of the student’s parents on an
annual basis. In these cases, both the student and the student’s parents must be
income eligible for the student to continue to receive HCV assistance. If, however, a
student in these circumstances is determined independent from their parents or is
considered a vulnerable youth in accordance with PHA policy, the income of the
student’s parents will not be considered in determining the student’s ongoing eligibility.
Students who reside with parents in an HCV assisted unit are not subject to this
provision. It is limited to students who are receiving assistance on their own, separately
from their parents.
PHA Policy
During the annual reexamination process, the PHA will determine the ongoing
eligibility of each student who is subject to the eligibility restrictions in 24 CFR
5.612 by reviewing the student’s individual income as well as the income of the
student’s parents. If the student has been determined “independent” from their
parents or is considered a vulnerable youth based on the policies in Sections 3-
II.E and 7-II.E, the parents’ income will not be reviewed.
If the student is no longer income eligible based on their own income or the
income of their parents, the student’s assistance will be terminated in accordance
with the policies in Section 12-I.D.
If the student continues to be income eligible based on their own income and the
income of their parents (if applicable), the PHA will process a reexamination in
accordance with the policies in this chapter.
11-30
11-I.E. CALCULATING ANNUAL INCOME AT ANNUAL REEXAMINATION
[24 CFR 5.609(C)(2) AND NOTICE PIH 2023-27]
The PHA must determine the income of the family for the previous 12-month period and
use this amount as the family income for annual reexaminations, except where the PHA
uses a streamlined income determination as indicated in Chapter 7 of this policy. The
PHA may also use Safe Harbor income determinations dated within the last 12 months
from a means-tested federal public assistance program at annual reexamination as
outlined in Chapter 7 of this policy.
Except when using streamlined or Safe Harbor income determinations, in determining
the income of the family for the previous 12-month period, any change of income since
the family’s last annual reexamination, including those that did not meet the threshold to
process an interim reexamination in accordance with PHA policies and 24 CFR 5.657(c)
or 960.257(b) must be considered.
Income from assets is always anticipated, irrespective of the income examination type.
A change in income may be a loss of income or the addition of a new source of income.
Changing to a different employer in the prior year does not necessarily constitute a
change if the income earned from either employer is substantially the same. The PHA
should look at the entirety of the family’s unearned income and earned income from the
prior year in which earned income may have been one constant job or many different
jobs that start and stop.
Cost of Living Adjustments (COLA) to Social Security income and Social Security
disability income are always considered changes to income because the COLA is an
adjustment that automatically occurs annually by law. See Chapter 6 for PHA policies
on when the COLA is applied and Chapter 7 on streamlined determination of income for
inflationary adjustments.
Notice PIH 2023-27 lists the following steps to calculate both earned and unearned
income at annual reexamination.
Step 1: The PHA determines annual income for the previous 12-month period by
reviewing the following information:
The EIV Income Report pulled within 120 days of the effective date of the annual
reexamination;
The income reported on the most recent HUD–50058; and
The amount of prior-year income reported by the family on the PHA’s annual
reexamination paperwork.
Step 2: The PHA takes into consideration any interim reexamination of family
income completed since the last annual reexamination.
If there was an interim reexamination performed within the last reexamination cycle
and there are no additional changes, the PHA must use the annual income from the
11-31
interim to determine the family’s total annual income. The PHA may use verification
obtained from the interim for this step.
If the PHA did not perform an interim or there have been changes since the last
reexamination, the PHA moves to Step 3.
11-32
Step 3: If there were changes in annual income not processed by the PHA since the
last reexamination, the PHA must use current income. The family will be required to
report their income for the prior year and whether there have been permanent
changes.
If there are no reported changes to an income source, the PHA may use
documentation of prior-year income to calculate the annual income. For example,
the PHA may use the following documentation:
EIV + self-certification (wages, Supplemental Security Income (SSI), Social Security,
and unemployment)
Current written third-party verification from the source verifying prior-year income
that is dated within 120 days of receipt by the PHA, for example:
-
Year-end statements
-
Paystub with year-to-date amounts
-
Tax forms (Form 1040, W2, 1099, etc.)
If there are reported changes by the family or the PHA notes discrepancies between
EIV and what the family reports, the PHA must follow the verification hierarchy
(described in Chapter 7) to document and verify income. Exhibit 11-1 provides
detailed examples of how the PHA calculates income from different sources at
annual reexamination using the above method.
PHA Policy
When income is calculated using a streamlined income determination in
accordance with PHA policies in Chapter 7, the above is not applicable.
However, where the family disagrees with the PHA or other agency’s
determination of income or the PHA has other reason to use third-party
verification in these circumstances, then the above will apply.
11-33
11-I.F. EFFECTIVE DATES
The PHA must establish policies concerning the effective date of changes that result
from an annual reexamination [24 CFR 982.516].
PHA Policy
In general, an increase in the family share of the rent that results from an annual
reexamination will take effect on the family’s anniversary date, and the family will
be notified at least 30 days in advance.
If less than 30 days remain before the scheduled effective date, the
increase will take effect on the first of the month following the end of the
30-day notice period.
If a family moves to a new unit, the increase will take effect on the
effective date of the new lease and HAP contract, and no 30-day notice is
required.
If the PHA chooses to schedule an annual reexamination for completion
prior to the family’s anniversary date for administrative purposes, the
effective date will be determined by the PHA, but will always allow for the
30-day notice period.
If the family causes a delay in processing the annual reexamination,
increases in the family share of the rent will be applied retroactively to the
scheduled effective date of the annual reexamination. The family will be
responsible for any overpaid subsidy and may be offered a repayment
agreement in accordance with the policies in Chapter 16.
In general, a decrease in the family share of the rent that results from an annual
reexamination will take effect on the family’s anniversary date.
If a family moves to a new unit, the decrease will take effect on the
effective date of the new lease and HAP contract.
If the PHA chooses to schedule an annual reexamination for completion
prior to the family’s anniversary date for administrative purposes, the
effective date will be determined by the PHA.
If the family causes a delay in processing the annual reexamination,
decreases in the family share of the rent will be applied prospectively from
the first day of the month following completion of the reexamination
processing.
Delays in reexamination processing are considered to be caused by the family if
the family fails to provide information requested by the PHA by the date
specified, and this delay prevents the PHA from completing the reexamination as
scheduled.
11-34
PART II: INTERIM REEXAMINATIONS [24 CFR 982.516; Notice PIH 2023-27]
11-II.A. OVERVIEW
Family circumstances may change between annual reexaminations. HUD and PHA
policies dictate what kinds of information about changes in family circumstances must
be reported, and under what circumstances the PHA must process interim
reexaminations to reflect those changes.
A family may request an interim determination of family income or composition because
of any changes since the last determination. The PHA must conduct any interim
reexamination within a reasonable period of time after the family request or when the
PHA becomes aware of a change in the family’s adjusted income that must be
processed in accordance with HUD regulations. What qualifies as a “reasonable time”
may vary based on the amount of time it takes to verify information, but the PHA
generally should conduct the interim reexamination not longer than 30 days after the
PHA becomes aware of changes in income.
Notice PIH 2023-27 changes the conditions under which interim reexaminations must
be conducted, codifies when interim reexaminations should be processed and made
effective, and requires related changes for annual reexaminations and streamlined
income determinations. When the PHA determines that an interim reexamination of
income is necessary, they must ask the family to report changes in all aspects of
adjusted income.
11-II.B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION
Reporting
PHAs must require families to report household composition changes; however, PHAs
determine the timeframe in which reporting happens [Notice PIH 2023-27]. The PHA
must adopt policies prescribing when and under what conditions the family must report
changes in income and family composition [24 CFR 960.257(b)(5)].
PHA Policy
All families must report all changes in family and household composition that
occur between annual reexaminations within 10 business days of the change.
All changes must be submitted in writing on a Change Report Form.
New Family Members Not Requiring PHA Approval
The addition of a family member as a result of birth, adoption, or court-awarded custody
does not require PHA approval. However, the family is required to promptly notify the
PHA of the addition [24 CFR 982.551(h)(2)].
11-35
New Family and Household Members Requiring Approval
With the exception of children who join the family as a result of birth, adoption, or court-
awarded custody, a family must request PHA approval to add a new family member [24
CFR 982.551(h)(2)] or other household member (live-in aide or foster child) [24 CFR
982.551(h)(4)].
Although the PHA must verify aspects of program eligibility when any new family
member is added, the Streamlining Final Rule removed the requirement that PHAs
conduct a reexamination of income whenever a new family member is added. The PHA
may state in policy that an income reexamination will be conducted.
If a change in family size causes a violation of space standards (see Chapter 8), the
PHA must issue the family a new voucher, and the family and PHA must try to find an
acceptable unit as soon as possible. If an acceptable unit is available for rental by the
family, the PHA must terminate the family’s HAP contract in accordance with its terms
[24 CFR 982.403].
PHA Policy
Families must request PHA approval to add a new family member (other than
due to birth, adoption, or court-awarded custody), live-in aide, foster child, or
foster adult. This includes any person not on the lease who is expected to stay in
the unit for more than 30 consecutive days or 90 cumulative days within a 12-
month period and therefore no longer qualifies as a “guest.” Requests must be
made in writing and approved by the PHA prior to the individual moving into the
unit.
The PHA will not approve the addition of a new family or household member
unless the individual meets the PHA’s eligibility criteria (see Chapter 3) and
documentation requirements (see Chapter 7, Part II).
The PHA will not approve the addition of a foster child or foster adult if it will
cause a violation of space standards.
If the PHA determines an individual meets the PHA’s eligibility criteria and
documentation requirements, the PHA will provide written approval to the family.
If the approval of a new family member or live-in aide will cause overcrowding
according to space standards, the approval letter will explain that the family will
be issued a voucher and will be required to move.
If the PHA determines that an individual does not meet the PHA’s eligibility
criteria or documentation requirements, the PHA will notify the family in writing of
its decision to deny approval of the new family or household member and the
reasons for the denial.
The PHA will make its determination within 10 business days of receiving all
information required to verify the individual’s eligibility.
11-36
Departure of a Family or Household Member
Families must promptly notify the PHA if any household member no longer lives in the
unit [24 CFR 982.551(h)(3)]. Because household members are considered when
determining the family unit (voucher) size [24 CFR 982.402], the PHA also needs to
know when any live-in aide, foster child, or foster adult ceases to reside in the unit. The
PHA must process an interim for all decreases in adjusted income when a family
member permanently moves out of the unit.
PHA Policy
If a household member ceases to reside in the unit, the family must inform the
PHA within 10 business days. This requirement also applies to a family member
who has been considered temporarily absent at the point that the family
concludes the individual is permanently absent. Documentation of the household
members new address will be required to remove the individual from the
household.
Changes in Family Unit Size (Voucher Size) [24 CFR 982.505(c)(6)]
Changes effective 12/2/24 and earlier: Irrespective of any increase or decrease in the
payment standard, if the family unit size increases or decreases during the HAP
contract term, the new family unit size must be used to determine the payment standard
for the family beginning at the family’s first regular reexamination following the change
in family unit size.
Changes effective 12/3/24 and later: Irrespective of any increase or decrease in the
payment standard, if the family unit size increases or decreases during the HAP
contract term, the new family unit size may be used to determine the payment standard
immediately or at the family’s first regular reexamination following the change in family
unit size.
PHA Policy
If the family unit size (voucher size) changes during the term of a HAP contract,
the new family unit size will be used to determine the payment standard at the
family’s first regular reexamination following the change in family unit size.
11-37
11-II.C. CHANGES AFFECTING INCOME OR EXPENSES
Overview
Interim reexaminations for changes in income or expenses may be scheduled either
because the PHA has reason to believe that changes in income or expenses may have
occurred, or because the family reports a change.
The PHA must estimate the income of the family for the upcoming 12-month period to
determine family income for an interim reexamination [24 CFR 5.609(c)(1)]. Policies for
projecting income are found in Chapter 6.
Interim Decreases [24 CFR 982.516(c)(2) and Notice PIH 2023-27]
A family may request an interim determination of family income for any change since
the last determination. However, the PHA may decline to conduct an interim
reexamination if the PHA estimates the family’s adjusted income will decrease by an
amount that is less than 10 percent of the family’s adjusted income. The PHA may set a
lower threshold in PHA policy such as performing an interim for any decreases in
adjusted income, although HUD prohibits the PHA from setting a dollar-figure threshold.
However, while the PHA has some discretion, HUD requires that the PHA perform an
interim reexamination for a decrease in adjusted income of any amount in two
circumstances:
When there is a decrease in family size attributed to the death of a family member;
or
When a family member permanently moves out of the assisted unit during the period
since the family’s last reexamination.
In the above circumstances, the PHA must perform an interim reexamination for any
decrease in adjusted income.
If the net effect of the changes in adjusted income due to a decrease in family size
results in no change or an increase in annual adjusted income, then PHA must process
the removal of the household member(s) as a non-interim reexamination transaction
without making changes to the family’s annual adjusted income.
PHA Policy
The PHA will conduct an interim reexamination any time the family’s adjusted
income has decreased by any amount.
11-38
Interim Increases [24 CFR 982.516(c)(3) and Notice PIH 2023-27]
Increases Less than 10 Percent
PHAs must not process interim reexaminations for income increases that result in less
than a 10 percent increase in annual adjusted income.
Increases 10 Percent or Greater
PHAs must conduct an interim reexamination of family income when the PHA becomes
aware that the family’s adjusted income has changed by an amount that the PHA
estimates will result in an increase of 10 percent or more in adjusted income, with the
following exceptions:
PHAs may not consider any increases in earned income when estimating or
calculating whether the family’s adjusted income has increased, unless the family
has previously received an interim reduction during the same reexamination cycle;
and
PHAs may choose not to conduct an interim reexamination during the last three
months of a certification period if a family reports an increase in income within three
months of the next annual reexamination effective date.
When the family previously received an interim reexamination for a decrease to
adjusted income during the same annual reexamination cycle, a PHA has the discretion
whether to consider a subsequent increase in earned income.
PHA Policy
When a family reports an increase in their earned income between annual
reexaminations, the PHA will conduct an interim reexamination when the family’s
adjusted income has increased by 10 percent or more.
When the family previously received an interim reexamination resulting in a
decrease to annual adjusted income since the families last annual reexamination,
the PHA will process the increase in earned income when the 10 percent
threshold has been met.
The PHA will process an interim reexamination for any increases in unearned
income of 10 percent or more in adjusted income.
The PHA will not perform an interim reexamination when a family reports an
increase in income (whether earned or unearned income) within three months of
their annual reexamination effective date. However, families who delay reporting
income increases until the last three months of their certification period may be
subject to retroactive rent increases in accordance with the PHA policies in
Chapter 14.
11-39
Concurrent Increases in Earned and Unearned Income [Notice PIH 2023-27]
When the family reports an increase in both earned and unearned income at the same
time, the PHA must look at the earned and unearned income changes independently of
each other to determine if an interim reexamination is performed. The PHA will only
conduct an interim reexamination when the increase independently meets the 10
percent threshold and all other requirements for performing interim reexaminations. For
example, if a family reported increases in both earned and unearned income that overall
resulted in a 12 percent increase in their adjusted income, but the change in earned
income represented a 7 percent increase and the change in unearned income
represented a 5 percent increase, the PHA may not perform an interim for either change
since neither change meets the 10 percent threshold amount independently. If the
change in unearned income met the 10 percent threshold in this case, the PHA would
be required to perform an interim. If the change in earned income met the 10 percent
threshold in this case, the PHA would refer to PHA policy to determine whether an
interim was required.
Cumulative Increases [Notice PIH 2023-27]
A series of smaller reported increases in adjusted income may cumulatively meet or
exceed the 10-percent increase threshold, at which point the PHA must conduct an
interim reexamination in accordance with PHA policy.
11-40
Family Reporting
The PHA must adopt policies consistent with HUD regulations prescribing when and
under what conditions the family must report a change in family income or composition
[24 CFR 982.516(d)].
PHA policy may require families to report only changes that the family estimates meet
the threshold for an interim reexamination or the PHA may establish policies requiring
that families report all changes in income and household composition, and the PHA will
subsequently determine if the change requires an interim reexamination [Notice PIH
2023-27].
When the PHA determines that an interim reexamination of income is necessary, they
must ask the family to report changes in all aspects of adjusted income. For example, if
the family is reporting a decrease in adjusted income that is more than 10 percent, but
the family also had a change in assets that would result in a change in income, the
change in assets must also be reviewed [Notice PIH 2023-27].
PHA Policy
The family will be required to report all changes in income regardless of the
amount of the change, whether the change is to earned or unearned income, or if
the change occurred during the last three months of the certification period.
Families must report changes in income within 10 business days of the date the
change takes effect. The family must notify the PHA of changes in writing on the
Change Report Form. If the family provides oral notice, the PHA will require the
family to submit the changes in writing on the Change Report Form.
When the Change Report is received by the PHA, the family must submit any
required information or documents within 10 business days of receiving a request
from the PHA. This time frame may be extended for good cause with PHA
approval. The PHA will accept required documentation by mail, email, or in
person.
Upon full verification of the change, the PHA will determine whether the change
will require an interim reexamination.
If the change will not result in an interim reexamination, the PHA will note
the information in the tenant file but will not conduct an interim
reexamination. The PHA will send the family written notification (which
may be emailed) within 10 business days of making this determination
informing the family that the PHA will not conduct an interim
reexamination.
If the change will result in an interim reexamination, the PHA will follow
interim policies addressed in Chapter 11. The PHA will conduct the interim
within a reasonable time period based on the amount of time it takes to
verify the information.
11-41
Generally, the family will not be required to attend an interview for an interim
reexamination. However, if the PHA determines that an interview is warranted,
the family may be required to attend.
11-42
11-II.D. EFFECTIVE DATES [24 CFR 982.516(E) AND NOTICE 2023-27]
Changes Reported Timely [Notice PIH 2023-27]
If the family reports a change in family income or composition timely in accordance with
PHA policies:
For rent increases, the PHA must provide the family with 30 days advance written
notice. The rent increase is effective the first of the month after the end of that 30-
day notice period.
Rent decreases are effective on the first 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.
Changes Not Reported Timely [Notice PIH 2023-27]
If the family failed to report a change in family income or composition timely in
accordance with PHA policies:
For rent increases, the PHA must implement any resulting rent increases
retroactively to the first of the month following the date of the change leading to the
interim reexamination of family income.
For rent decreases, the PHA must implement the change no later than the first rent
period following completion of the interim reexamination.
However, the PHA may choose to adopt a policy that would make the effective date of
the rent decrease retroactive to the first of the month following completion of the
reexamination. PHAs may choose to establish conditions or requirements for when such
a retroactive application would apply. PHAs that choose to adopt such policies must
ensure the earliest date that the retroactive decrease is applied is the later of:
The first of the month following the date of the change that led to the interim
reexamination; or
The first of the month following the most recent previous income examination.
11-43
In applying a retroactive change in rent as the result of an interim reexamination, the
PHA must clearly communicate the effect of the retroactive adjustment to the family so
that there is no confusion over the amount of the rent that is the family’s responsibility.
PHA Policy
In general, when the family fails to report a change in income or family
composition timely, and the change would lead to a rent decrease, the PHA will
apply the decrease the first of the month following completion of the interim
reexamination.
The PHA will decide to apply decreases retroactively on a case-by-case basis.
When the PHA applies the results of interim increases retroactively, the PHA will
clearly communicate the effect of the retroactive adjustment to the family and
may enter into a repayment agreement in accordance with PHA policies.
The PHA will also clearly communicate the effect of the retroactive adjustment to the
owner.
11-44
11-45
PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT
11-III.A. OVERVIEW
After gathering and verifying required information for an annual or interim
reexamination, the PHA must recalculate the family share of the rent and the subsidy
amount and notify the family and owner of the changes [24 CFR 982.516(d)(2), HCV 12
-6 and 12-10]. While the basic policies that govern these calculations are provided in
Chapter 6, this part lays out policies that affect these calculations during a
reexamination.
11-III.B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES
In order to calculate the family share of the rent and HAP amount correctly, changes in
payment standards, subsidy standards, or utility allowances may need to be updated
and included in the PHA’s calculations.
Specific policies governing how subsidy standards, payment standards, and utility
allowances are applied are discussed below.
Payment Standards [24 CFR 982.505 and FR Notice 5/7/24]
The family share of the rent and HAP calculations must use the correct payment
standard for the family, taking into consideration the family unit size, the size of unit, and
the area in which the unit is located [HCV GB, p. 12-5]. See Chapter 6 for information
on how to select the appropriate payment standard when the PHA changes its payment
standard or when there is a change in family composition.
Subsidy Standards [24 CFR 982.505(c)(4)]
If there is a change in the family unit size that would apply to a family during the HAP
contract term, either due to a change in family composition, or a change in the PHA’s
subsidy standards (see Chapter 5), the new family unit size must be used to determine
the payment standard amount for the family immediately or at the family’s first annual
reexamination following the change in family unit size.
Utility Allowances [24 CFR 982.517(d)]
The family share of the rent and HAP calculations must reflect any changes in the
family’s utility arrangement with the owner, or in the PHA’s utility allowance schedule
[HCV GB, p. 12-5]. Chapter 16 discusses how utility allowance schedules are
established.
When there are changes in the utility arrangement with the owner, the PHA must use
the utility allowances in effect at the time the new lease and HAP contract are executed.
At reexamination, the PHA must use the PHA current utility allowance schedule [HCV
GB, p. 18-8].
11-46
PHA Policy
Revised utility allowances will be applied to a family’s rent and subsidy
calculations at the first annual reexamination after the allowance is adopted.
11-47
11-III.C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT
The PHA must notify the owner and family of any changes in the amount of the HAP
payment [HUD-52641, HAP Contract]. The notice must include the following information
[HCV GB, p. 12-6]:
The amount and effective date of the new HAP payment
The amount and effective date of the new family share of the rent
The amount and effective date of the new tenant rent to owner
The family must be given an opportunity for an informal hearing regarding the PHA’s
determination of their annual or adjusted income, and the use of such income to
compute the housing assistance payment [24 CFR 982.555(a)(1)(i)] (see Chapter
16).
11-III.D. DISCREPANCIES
During an annual or interim reexamination, the PHA may discover that information
previously reported by the family was in error, or that the family intentionally
misrepresented information. In addition, the PHA may discover errors made by the
PHA. When errors resulting in the overpayment or underpayment of subsidy are
discovered, corrections will be made in accordance with the policies in Chapter 13.
11-48
PART IV: NON-INTERIM REEXAMINATION TRANSACTIONS [Notice PIH 2023-27]
Families may experience changes within the household that do not trigger an interim
reexamination under PHA policy and HUD regulations, but which HUD still requires the
PHA to report to HUD via Form HUD-50058. These are known as non-interim
reexamination transactions. In these cases, PHAs will submit a separate, new action
code on Form HUD-50058. The following is a list of non-interim reexamination
transactions:
Adding or removing a hardship exemption for the childcare expense deduction;
Updating or removing the phased-in hardship relief for the health and medical care
expense deduction and/or reasonable attendant care and auxiliary apparatus
expense deduction (families will begin receiving a 24-month phased-in relief at their
next annual or interim reexamination, whichever occurs first);
Adding or removing general hardship relief for the health and medical care expense
deduction and/or reasonable attendant care and auxiliary apparatus expense
deduction;
Adding or removing a minimum rent hardship;
Adding or removing a non-family member (i.e., live-in aide, foster child, foster adult);
Ending a family’s EID or excluding 50 percent (decreased from 100 percent) of a
family member’s increase in employment income at the start of the second 12-
month EID period.
Adding a family member and the increase in adjusted income does not trigger an
interim reexamination under the final rule;
Removing a family member and the increase in adjusted income does not trigger an
interim reexamination under the final rule;
Adding/updating a family or household member’s Social Security number;
Updating a family member’s citizenship status from eligible to ineligible or vice versa,
resulting in a change to the family’s rent and/or utility reimbursement, if applicable
(i.e., family begins receiving prorated assistance or previously prorated assistance
becomes full assistance), or updating the prorated rent calculation due to the
addition or removal of family members in household with an ineligible noncitizen(s);
and
Rent increases
PHAs must make all other changes to assets, income, and deductions at the next
annual or interim reexamination of income, whichever is sooner.
11-49
11-50
Exhibit 11-1: CALCULATING Income at Annual Reexamination
Example 1: Calculating Annual Income at Annual Reexamination Using EIV
Staff are processing the 3/1/2024 annual reexamination for Ruby Myers and her minor
daughter, Georgia. No interim reexaminations have been processed, and Ruby has not
reported any changes to annual income to the PHA since the 3/1/2023 annual
reexamination. The SSA published 2024 COLA is 7 percent.
Last reexamination – 3/1/2023 Annual Reexamination
Ruby:
Wages: $30,000
Georgia:
SSI: $10,980 ($915 monthly)
The EIV report pulled on 12/15/2023
Ruby:
Georgia:
Wages Total: $33,651
SSI Total: $10,980
Quarter 3 of 2023: $8,859 (City Public School)
2023 benefit $915 monthly
Quarter 2 of 2023: $8,616 (City Public School)
Quarter 1 of 2023: $8,823 (City Public School)
Quarter 4 of 2022: $7,353 (City Public School)
Income Reported on Reexamination Application
Ruby:
Wages at City Public School: $32,000
(switched jobs but no permanent change
to amount)
Georgia:
SSI benefits: $10,980 (no changes)
Calculating Ruby’s wages:
Step 1: Determine prior annual income
from EIV (i.e., Q4 2022 through Q3 of
2023: $33,651).
Calculating Georgia’s SSI benefit:
Step 1: Determine the prior annual income
from EIV (i.e., $915 x 12 months:
$10,980).
11-51
Step 2: Take into consideration any interim
reexamination of family income completed
since the last annual reexamination (in this
case, there have been no interim
reexaminations processed since the last
annual reexamination).
Step 3: Ruby certifies that the $33,651 of
wages in EIV is accurate and reflects her
current annual income, so the PHA will
use $33,651 for annual wages for the
3/1/2024 annual reexamination given there
have been no additional changes to
annual income.
Step 2: Take into consideration any interim
reexamination of family income completed
since the last annual reexamination (in this
case, there have been no interim
reexaminations processed since the last
annual reexamination).
Step 3: Ruby certifies the SSI income in
EIV is accurate and reflects Georgia’s
current annual income. The PHA must
adjust the prior-year income (2023 SSI
benefit) by the 7- percent COLA and will
use this amount to calculate annual SSI
income for the 3/1/2024 annual
reexamination:
COLA: $64.05 ($915 x 0.07)
New gross SSI benefit: $11,748.60
($979.05 x 12 months)
If Ruby did not agree with the annual
wages reported in EIV, the PHA/MFH
Owner would be required to verify her
current income in accordance with HUD’s
verification hierarchy.
Summary of Annual Income (as reported on the HUD-50058)
Ruby (Head of Household):
Other Wage: $33,651
Myers Family Total Annual Income:
$45,399
Georgia (Other Youth Under 18):
SSI: $11,748
11-52
Example 2: Calculating Annual Income at Annual Reexamination Using EIV:
Family Disagrees with EIV
Staff are processing Paul Hewson’s 5/1/2024 annual reexamination. Since the last
annual reexamination, Paul reported a decrease in annual income that exceeded 10
percent. Last year, Paul reported a decrease in earned income because he transferred
from a full-time job at Sasha’s Sweets to a part-time job at Viking Bakery. Following
HUD’s EIV verification hierarchy, staff confirmed Paul was no longer employed at
Sasha’s Sweets and decreased his anticipated annual income from $28,000 to $7,500
resulting from his new part-time employment at Viking Bakery; an interim reexamination
was processed effective 7/1/2023. After the 7/1/2023 interim, Paul worked briefly at two
different jobs, but he says he is no longer working and is not planning to work.
5/1/2023 Annual Reexamination
Wages: $28,000
The EIV report pulled on 1/15/2024
Wages Total: $18,271
Quarter 3 of 2023: $2,500 (Viking Bakery)
Quarter 3 of 2023: $796 (Sweet Tooth Candy
Bar)
Quarter 2 of 2023: $1,300 (Sasha’s Sweets)
Quarter 2 of 2023: $584 (Larry’s
Concessions)
Quarter 2 of 2023: $2,401 (Viking Bakery)
Quarter 1 of 2023: $6,500 (Sasha’s Sweets)
Quarter 4 of 2022: $600 (Sasha’s Sweets)
SS/SSI: No history of benefits
Income Reported on Reexamination Application
Wages: $0 (permanent change; no longer receiving)
11-53
Social Security: $14,400 ($1,200 monthly)
Paul certified on the PHA’s annual reexamination paperwork that he does not agree
with the annual wages of $18,271 reported in EIV and it is not reflective of his current
anticipated annual income. He reported he is currently unemployed, and provided a
copy of an award letter from the Social Security Administration to document that he will
begin receiving a monthly disability benefit of $1,200 effective 3/1/2024.
Calculating Wages and SS Benefit
Step 1: Determine prior annual income taking into consideration the 7/1/2023 interim
reexamination (i.e., EIV wages reflected Q4 2022 through Q3 2023: $18,271)
Step 2: Take into consideration any interim reexamination of family income completed
since the last annual reexamination. In this case, there was a 7/1/2023 interim that
reduced wages to $7,500.
Step 3: Obtain documentation to verify current income and confirm Paul is no longer
employed at Viking Bakery or The Sweet Tooth Candy Bar (the employers reported in
the most recent quarter of EIV). This step is necessary, because Paul did not agree with
the EIV income report or income reported on the last interim reexamination. Paul
reported that he is no longer working at all.
Process the annual reexamination effective 5/1/2024 using annual SS income of
$14,400 and $0 wages.
Summary of Annual Income (as reported on the HUD-50058)
Paul (Head of Household): $14,400 (SS)
Hewson Family Total Annual Income: $14,400
11-54
Example 3: Calculating Annual Income at Annual Reexamination
Staff are processing the 11/1/2024 annual reexamination for Samantha and Fergus
Pool, head of household and spouse. On 2/14/2024 Samantha reported her monthly
child support payment was reduced from $200 to $100 per month, but an interim
reexamination was not processed because the reduction in child support income for
Samantha’s daughter, Hailey, did not result in a decrease of 10 percent or more in
annual adjusted income, and the PHA did not establish a lower threshold. Samantha
did not report any additional changes to the PHA.
Last reexamination – 11/1/2023 Annual Reexamination
Samantha:
Business income: $28,000
VA disability pension: $12,000
Child support: $2,400
Fergus:
Wages: $8,250
Other non-wage income: $3,000 (Go
Fund Me online fundraiser)
The EIV report pulled on 9/16/2024
Samantha:
Fergus:
Wages Total: $0 (no wage data reported
since Q1 2023)
Wages Total: $8,600
Quarter 1 of 2024: $2,100 (Ian’s Fish ‘n’
Chips)
Quarter 1 of 2024: $500 (Claire’s
Healthcare Supplies)
Quarter 4 of 2023: $1,000 (Claire’s
Healthcare Supplies)
Quarter 3 of 2023: $1,800 (The Onion
Garden Shop)
Quarter 2 of 2023: $3,200 (Ivar’s Fish
Haus)
Current Family Circumstances: Income Reported on Reexamination Application
11-55
Samantha and Fergus reported how much income was earned/received in the
previous 12-month period and noted permanent changes, where applicable, for each
source of their income on PHA’s annual reexamination form. However, no information
was reported by the family concerning other non-wage income. Fergus reported only
wages and his current employment at Ian’s Fish ‘n’ Chips for the annual
reexamination. The family supplied the supporting documentation noted below to the
PHA for the 11/1/2024 annual reexamination.
Samantha:
Business income: $28,750 (last year);
has decreased to $18,000 (permanent
change)
VA disability benefit: $12,000 (last year);
has increased to $12,300 (permanent
change)
Child support: $2,400 (last year); has
decreased to $1,200 (permanent change)
Fergus:
Wages: $6,000
11-56
Calculating Samantha’s Net Business Income
Step 1: Determine prior annual net business income (i.e., $28,000 on last
HUD–50058).
Step 2: Take into consideration any interim reexamination of family income completed
since the last annual reexamination. In this case, there have been no interim
reexaminations processed since the last annual reexamination.
Step 3: Adjust to reflect current net business income. Samantha reported on the
annual reexamination application that business income permanently decreased to
$18,000. The PHA must obtain supporting documentation from Samantha that
demonstrates current net business income. Samantha provided documentation that
supported the current annual net business income is $18,000. Process the annual
reexamination effective 11/1/2024 using annual net business income determined in
Step 3.
Calculating Samantha’s VA Pension Income
Step 1: Determine prior annual VA pension income (i.e., $12,000 supported by a VA
award letter Samantha supplied that documents the prior year monthly VA pension
was $1,000).
Step 2: Take into consideration any interim reexamination of family income completed
since the last annual reexamination. In this case, there have been no interim
reexaminations processed since the last annual reexamination.
Step 3: The PHA needs to adjust to reflect current VA pension income. Samantha
supplies a VA award letter showing a monthly pension of $1,025, or $12,300 annually.
Process the annual reexamination effective 11/1/2024 using annual VA pension
income determined in Step 3 ($12,300 in this example).
11-57
Calculating Samantha’s Child Support Income
Step 1: Determine prior annual child support income (i.e., $2,400 on the last
HUD–50058).
Step 2: Take into consideration any interim reexamination of family income completed
since the last annual reexamination. In this case, there have been no interim
reexaminations processed since the last annual reexamination. The family reported a
decrease from $200 to $100 monthly, but the change was not processed because it
did not meet the threshold.
Step 3: The family reported changes, so the PHA must adjust to reflect current child
support income. In this example, the family submitted a child support history report
from the local child support office that documents regular $100 monthly child supports
payments beginning 3/1/2024 through the current month. Process the annual
reexamination effective 11/1/2024 using current annual child support income
determined in Step 3 ($1,200 in this example).
Calculating Fergus’ Wages
Step 1: Determine prior annual income from wages in EIV (i.e., Q2 2023 through Q1
of 2024: $8,600).
Step 2: Take into consideration any interim reexamination of family income completed
since the last annual reexamination. In this case, there have been no interim
reexaminations processed since the last annual reexamination.
Step 3: There is a discrepancy between what the family reported and EIV, so the PHA
must verify and adjust to reflect current annual income from wages. Fergus reported
$6,000 in annual income from wages on the annual reexamination from a single
employer, Ian’s Fish ‘n’ Chips. The PHA projected annual income of $7,800 based on
the two paystubs for this employer, and EIV shows $8,600 earned in the most recent
four quarters in EIV. To complete Step 3, the PHA must do the following:
Resolve the discrepancy between EIV wages, the $6,000 annual income Fergus
reported, and the $7,800 projected based on the paystubs he provided, and
Verify he is no longer employed at Claire’s Healthcare Supplies in accordance with
HUD’s verification hierarchy and local policies.
The PHA determined that Fergus reported his net vs. gross annual income from
wages, which he corrected on the annual reexamination form to reflect his current
gross annual income of $9,000. The PHA verified Fergus was no longer employed at
Claire’s Healthcare Supplies and obtained two additional paystubs. Based on four
current and consecutive paystubs, Fergus is now projected to earn $9,360 annually.
11-58
Process the annual reexamination effective 11/1/2024 using income from wages
determined in Step 3 ($9,360 in this example).
Calculating Fergus’ Other Non-Wage Income
Step 1: Determine prior annual income from other non-wage income (i.e.,
$3,000 on the last HUD– 50058).
Step 2: Take into consideration any interim reexamination of family income
completed since the last annual reexamination. In this case, there have been
no interim reexaminations processed since the last annual reexamination.
Step 3: The family did not report any non-wage income on the annual
reexamination form, but it was included on the last HUD–50058. The PHA
must verify and adjust to reflect current non-wage income. The PHA must
verify no income was received through a “Go Fund Me” online fundraiser so
that it may be excluded. Fergus provided a self-certification that he hasn’t
solicited funds online and doesn’t plan to in the following year; he also
provided records from the account that documented no fundraising activity in
the prior 12-month period. Process the annual reexamination effective
11/1/2024 using annual non-wage income of $0 determined in Step 3.
Summary of Annual Income (as reported on the HUD-50058)
Samantha (Head of Household):
Own business: $18,000
Pension: $12,300
Child support: $1,200
Fergus (Co-head):
Wages: $9,360
Poole Family Total Annual Income: $40,860
12-1
CHAPTER 12
Termination of Assistance and Tenancy
HUD regulations specify mandatory and optional grounds for which a PHA can
terminate a family’s assistance. They also specify the circumstances under which an
owner may terminate the tenancy of an assisted family. This chapter describes the
policies that govern mandatory and optional terminations of assistance, and termination
of tenancy by the owner. It is presented in three parts:
Part I: Grounds for Termination of Assistance. This part describes the various
circumstances under which assistance under the program can be terminated by
the family or by the PHA.
Part II: Approach to Termination of Assistance. This part describes the
policies and the process that the PHA will use in evaluating decisions on whether
to terminate assistance due to actions o inactions of the family where termination
is an option. It specifies the alternatives that the PHA may consider in lieu of
termination, the criteria the PHA will use when deciding what action to take and
the steps the PHA must take when terminating a family’s assistance.
Part III: Termination of Tenancy by the Owner. This part describes the HUD
policies that govern the owner’s right to terminate an assisted tenancy.
12-2
PART I: GROUNDS FOR TERMINATION OF ASSISTANCE
12-I.A. OVERVIEW
HUD requires the PHA to terminate assistance for certain actions and inactions of the
family and when the family no longer requires assistance due to increases in family
income.
HUD permits the PHA to terminate assistance for certain other actions or inactions of
the family.
In addition, a family may decide to withdraw from the program and terminate their HCV
assistance at any time by notifying the PHA.
12-I.B. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR §982.455]
As a family’s income increases, the amount of PHA the housing assistance payment
decreases. If the amount of assistance provided by the PHA is reduced to zero, the
family's assistance terminates automatically 180 days after the last HAP payment.
PHA Policy
If a participating family receiving zero assistance experiences a change in
circumstances that would result in a HAP payment to the owner, the family must
notify the PHA of the change and request an interim reexamination before the
expiration of the 180-day period.
12-I.C. FAMILY CHOOSES TO TERMINATE ASSISTANCE
The family may request that the PHA terminate housing assistance payments on behalf
of the family at any time.
PHA Policy
The request to terminate assistance should be made in writing and signed by the
head of household and spouse, or cohead if applicable. Before terminating the
family’s assistance, the PHA will follow the notice requirements in Section 12-II.F.
12-I.D. MANDATORY TERMINATION OF ASSISTANCE
HUD requires the PHA to terminate assistance in the following circumstances.
Eviction [24 CFR §982.552(b)(2), 24 CFR 5.2005(c)(1)]
The PHA 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. As discussed
further in section 12- II.E, incidents of actual or threatened domestic violence, dating
violence, sexual assault, stalking, or human trafficking may not be construed as serious
or repeated violations of the lease by the victim or threatened victim of such violence or
stalking.
12-3
PHA Policy
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.
If a family moves after the owner has given the family an eviction notice for
serious or repeated lease violations but before a legal eviction order has been
issued, termination of assistance is not mandatory. In such cases the PHA will
determine whether the family has committed serious or repeated violations of the
lease based on available evidence and may terminate assistance or take any of
the alternative measures described in Section 12-II.C. In making its decision, the
PHA will consider the factors described in sections 12-II.D and 12-II.E. Upon
consideration of such factors, the PHA may, on a case-by-case basis choose not
to terminate assistance.
Serious and repeated lease violations will include, but not be limited to,
nonpayment of rent, disturbance of neighbors, destruction of property, or living or
housekeeping habits that cause damage to the unit or premises and criminal
activity. Generally, the criteria to be used is whether the reason for the eviction
was through no fault of the tenant or guests.
Upon the PHA’s HOTMA 102/104 compliance date, the below section on failure to
provide consent is added:
Failure to Provide Consent [24 CFR §982.552(b)(3)]
The PHA must terminate assistance if any family member fails to sign and submit any
consent form they are required to sign for a regular or interim reexamination. See
Chapter 7 for a complete discussion of consent requirements.
Failure to Document Citizenship [24 CFR §982.552(b)(4); [24 CFR §5.514(c)]
The PHA must terminate assistance 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; or
(3) a family member, as determined by the PHA, has knowingly permitted another
individual who is not eligible for assistance to reside (on a permanent basis) in
the unit.
12-4
For (3) above, such termination must be for a period of at least 24 months. This does
not apply to ineligible noncitizens already in the household where the family’s
assistance has been prorated. See Chapter 7 for a complete discussion of
documentation requirements.
Failure to Disclose and Document Social Security Numbers [24 CFR §5.218(c),
PIH Notice2018-24]
The PHA must terminate assistance if a participant family fails to disclose the complete
and accurate social security numbers of each household member and the
documentation necessary to verify each social security number.
However, if the family is otherwise eligible for continued program assistance, and the
PHA determines that the family’s failure to meet the SSN disclosure and documentation
requirements was due to circumstances that could not have been foreseen and were
outside of the family’s control, the PHA may defer the family’s termination and provide
the opportunity to comply with the requirement within a period not to exceed 90
calendar days from the date the PHA determined the family to be noncompliant.
PHA Policy
The PHA 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 participant’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 participant will be
able to disclose an SSN by the deadline.
Methamphetamine Manufacture or Production [24 CFR §983.553(b)(1)(ii)]
The PHA must terminate assistance if any household member has ever been convicted
of the manufacture or production of methamphetamine on the premises of federally-
assisted housing.
Lifetime Registered Sex Offenders [PIH Notice 2012-28]
Should a PHA discover that a member of an assisted household was subject to a
lifetime registration requirement at admission and was erroneously admitted after June
25, 2001, the PHA must immediately terminate assistance for the household member.
In this situation, the PHA must offer the family the opportunity to remove the ineligible
family member from the household. If the family is unwilling to remove that individual
from the household, the PHA must terminate assistance for the household.
Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR
§982.552(b)(5);FR 4/10/06]
If a student enrolled at an institution of higher education is under the age of 24, is not a
veteran, is not married, does not have dependent children, is not residing with their
parents in an HCV assisted household, and is not a person with disabilities receiving
12-5
HCV assistance as of November 30, 2005, the PHA must the terminate the student’s
assistance if, at the time of reexamination, either the student’s income or the income of
the student’s parents (if applicable) exceeds the applicable income limit.
If a participant household consists of both eligible and ineligible students, the eligible
students shall not be terminated, but must be issued a voucher to move with continued
assistance in accordance with program regulations and PHA policies or must be given
the opportunity to lease in place if the terminated ineligible student members elect to
move out of the assisted unit.
Death of the Sole Family Member [24 CFR §982.311(d); PIH Notice 2010-9]
The PHA must immediately terminate program assistance for deceased single member
households.
12-I.E. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS
Mandatory Policies [24 CFR §982.553(b); §982.551(l)]
HUD requires the PHA to establish policies that permit the PHA to terminate assistance
if the PHA determines that:
Any household member is currently engaged in any illegal use of a drug, or has a
pattern of illegal drug use that interferes with the health, safety, or right to
peaceful enjoyment of the premises by other residents
Any household member’s abuse or pattern of abuse of alcohol may threaten the
health, safety, or right to peaceful enjoyment of the premises by other residents
Any household member has violated the family’s obligation not to engage in any
drug- related criminal activity
Any household member has violated the family’s obligation not to engage in
violent criminal activity
Use of Illegal Drugs and Alcohol Abuse
PHA Policy
The PHA will terminate a family’s assistance if any household member is
currently engaged in any illegal use of a drug or has a pattern of illegal drug use
that interferes with the health, safety, or right to peaceful enjoyment of the
premises by other residents.
The PHA will terminate assistance if any household member’s abuse or pattern
of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of
the premises by other residents.
Currently engaged in is defined as any use of illegal drugs during the
previous three months.
12-6
The PHA will consider all credible evidence, including but not limited to, any
record of convictions, or eviction of household members related to the use of
illegal drugs or abuse of alcohol.
A record of arrest(s) will not be used as the sole basis for the termination or proof
that the participant engaged in disqualifying criminal activity.
In making its decision to terminate assistance, the PHA will consider alternatives
as described in Section 12-II.C and other factors described in Section 12-II.D and
12-II.E. Upon consideration of such alternatives and factors, the PHA may, on a
case-by-case basis choose not to terminate assistance.
Drug-Related and Violent Criminal Activity [24 CFR §5.100]
Drug means a controlled substance as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
Drug-related criminal activity is 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.
Violent criminal activity means 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.
PHA Policy
The PHA will terminate a family’s assistance if any household member has
violated the family’s obligation not to engage in any drug-related or violent
criminal activity during participation in the HCV program.
The PHA will consider all credible evidence, including but not limited to, any
record of convictions of household members related to drug-related or violent
criminal activity, and any eviction or notice to evict based on drug-related or
violent criminal activity.
A record of arrest(s) will not be used as the basis for the termination or proof that
the participant engaged in disqualifying criminal activity.
In making its decision to terminate assistance, the PHA will consider alternatives
as described in Section 12-II.C and other factors described in Section 12-II.D and
12-II.E. Upon consideration of such alternatives and factors, the PHA may, on a
case-by-case basis choose not to terminate assistance.
State laws purporting to legalize medical and recreational marijuana directly conflict with
the admission and continued requirements of the Quality Housing and Work
Responsibility Act of 1998 (QHWRA) and are thus subject to preemption [September
24, 1999 HUD Letter Re: Medical Use of Marijuana].
12-7
Other Authorized Reasons for Termination of Assistance [24 CFR §982.552(c), 24
CFR 5.2005(c), 24 CFR 984.101(d)]
HUD permits the PHA to terminate assistance under a number of other circumstances.
It is left to the discretion of the PHA whether such circumstances in general warrant
consideration for the termination of assistance. As discussed further in section 12-II.E.,
the Violence Against Women Reauthorization prohibits PHAs from considering incidents
of, or criminal activity directly related to, domestic violence, dating violence, sexual
assault, stalking, or human trafficking as reasons for terminating the assistance of a
victim of such abuse.
Additionally, per 24 CFR §984.10(d), PHAs are no longer permitted to terminate
assistance to a family due to the family’s failure to meet its obligations under the Family
Self-Sufficiency (FSS) contract of participation [FR Notice 12/29/14].
PHA Policy
The PHA will terminate a family’s assistance if:
The family has failed to comply with any family obligations under the
program. See Exhibit 12-1 for a listing of family obligations and related
PHA policies.
Any drug-related, violent criminal activity, or criminal activity on the
property by the leaseholder, a member of the household, or guest; or any
criminal activity on or off the property by the leaseholder or a household
member.
Any family member has been evicted from or abandoned a federally
assisted housing in the last three years.
Any PHA has ever terminated assistance under the program for any
member of the family.
Any family member has committed fraud, bribery, or any other corrupt or
criminal act in connection with any federal housing program.
The family currently owes rent or other amounts to any PHA in connection
with Section 8 or public housing assistance under the 1937 Act.
The family has not reimbursed any PHA for amounts the PHA paid to an
owner under a HAP contract for rent, damages to the unit, or other
amounts owed by the family under the lease.
The family has breached the terms of a repayment agreement entered into
with the PHA.
A family member has engaged in or threatened violent or abusive
behavior toward PHA personnel.
-
Abusive or violent behavior towards PHA 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.
12-8
-
Threatening refers to oral or written threats or physical gestures
that communicate intent to abuse or commit violence.
In making its decision to terminate assistance, the PHA will consider alternatives
as described in Section 12-II.C and other factors described in Section 12-II.D and
12-II.E. Upon consideration of such alternatives and factors, the PHA may, on a
case-by-case basis choose not to terminate assistance.
Family Absence from the Unit [24 CFR §982.312]
The family may be absent from the unit for brief periods. The PHA must establish a
policy on how long the family may be absent from the assisted unit. However, the family
may not be absent from the unit for a period of more than 180 consecutive calendar
days for any reason. Absence in this context means that no member of the family is
residing in the unit.
PHA Policy
If the family is absent from the unit for more than 30 calendar days, the family’s
assistance will be terminated. Notice of termination will be sent in accordance
with Section 12-II.F.
Housing assistance payments terminate if the family is absent for longer than the
maximum period permitted. The term of the HAP contract and assisted lease also
terminate.
(The owner must reimburse the PHA for any housing assistance payment for the period
after the termination.)
Absence means that no member of the family is residing in the unit.
If the family moves from the contract unit, the HAP contract terminates automatically.
Housing assistance payments shall only be paid to the owner while the family is residing
in the contract unit during the term of the HAP contract. The PHA shall not pay a
housing assistance payment to the owner for any month after the month when the
family moves out.
Upon the PHA’s HOTMA 102/104 compliance date, the below section on the asset
limitation is added:
Asset Limitation [24 CFR 5.618; Notice PIH 2023-27]
The PHA has discretion with respect to the application of the asset limitation at annual
and interim reexamination. The PHA may adopt a written policy of total
nonenforcement, enforcement, or limited enforcement as well as adopting exception
policies.
PHA Policy
12-9
The PHA has adopted a policy of total nonenforcement of the asset limitation for
all program participants. The asset limitation only applies to initial eligibility
determinations for new admissions to the PHA’s HCV program.
Insufficient Funding [24 CFR §982.454]
The PHA may terminate HAP contracts if the PHA determines, in accordance with HUD
requirements, that funding under the consolidated ACC is insufficient to support
continued assistance for families in the program. The PHA must identify in the
administrative plan, in the event of insufficient funding, taking into account any cost
saving measures taken by the PHA, a description of the factors the PHA will consider
when determining which HAP contracts to terminate first [24 CFR 982.54(d)(26)].
PHA Policy
The PHA will determine whether there is sufficient funding to pay for currently
assisted families according to the policies in Part VIII of Chapter 16.
If the PHA determines there is a shortage of funding, prior to terminating any
HAP contracts, the PHA will determine if any other actions can be taken to
reduce program costs.
If, after implementing all reasonable cost cutting measures, there is not enough
funding available to provide continued assistance for current participants, the
PHA will terminate HAP contracts as a last resort.
Prior to terminating any HAP contracts, the PHA will inform the local HUD field
office . The PHA will terminate the minimum number needed in order to reduce
HAP costs to a level within the PHA’s annual budget authority.
If the PHA must terminate HAP contracts due to insufficient funding, the PHA will
do so in accordance with the following criteria and instructions:
Families who have been assisted in the HCV program the longest will be
the first to be terminated, excluding families that include elderly or
disabled family members.
Families comprising the required number of special purpose vouchers,
including nonelderly disabled (NED), HUD-Veteran’s Affairs Supportive
Housing (HUD-VASH), and family unification program (FUP) will be the
last to be terminated.
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PART II: APPROACH TO TERMINATION OF ASSISTANCE
12-II.A. OVERVIEW
The PHA is required by regulation to terminate a family’s assistance for certain actions
or inactions of the family. For other types of actions or inactions of the family, the
regulations give the PHA the authority to either terminate the family’s assistance or to
take another action. This part discusses the various actions the PHA may choose to
take when it has discretion, and outlines the criteria the PHA will use to make its
decision about whether or not to terminate assistance. It also specifies the requirements
for the notification to the family of the PHA’s intent to terminate assistance.
12-II.B. METHOD OF TERMINATION [24 CFR §982.552(A)(3)]
Termination of assistance for a participant may include any or all of the following:
Terminating housing assistance payments under a current HAP contract,
Refusing to enter into a new HAP contract or approve a lease, or
Refusing to process a request for or to provide assistance under portability
procedures.
12-II.C. ALTERNATIVES TO TERMINATION OF ASSISTANCE
Change in Household Composition
As a condition of continued assistance, the PHA may require that any household
member who participated in or was responsible for an offense no longer resides in the
unit [24 CFR §982.552(c)(2)(ii)].
PHA Policy
As a condition of continued assistance, the head of household must certify that
the culpable family member has vacated the unit and will not be permitted to visit
or to stay as a guest in the assisted unit. The family must present evidence of the
former family member’s current address upon PHA request.
Repayment of Family Debts
PHA Policy
If a family owes amounts to the PHA, as a condition of continued assistance, the
PHA will require the family to repay the full amount or to enter into a repayment
agreement, within 30 days of receiving notice from the PHA of the amount owed.
See Chapter 16 for policies on repayment agreements.
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12-II.D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE
Evidence
For criminal activity, HUD permits the PHA to terminate assistance if a preponderance
of the evidence indicates that a household member has engaged in the activity,
regardless of whether the household member has been arrested or convicted [24 CFR
§982.553(c)].
PHA Policy
The PHA will use the concept of the preponderance of the evidence as the
standard for making all termination 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.
Use of Criminal Conviction Records after Admission [24 CFR 5.903]
The regulation at 24 CFR 5.903 governs a PHA’s access to and use of criminal
conviction records obtained from a “law enforcement agency” such as the National
Crime Information Center (NCIC), police departments, and other law enforcement
agencies that hold criminal conviction records. While the regulatory listing of permitted
uses for these records includes PHA screening of applicants for admission to the HCV
program, it specifically excludes the use of records for lease enforcement and eviction
of HCV participants and excludes by omission a PHA’s use of records to terminate
assistance for participants. While a PHA has regulatory authority to use criminal
conviction records for the purpose of applicant screening for admission, there is no
corresponding authority to use these records to check for criminal and illegal drug
activity by participants, and therefore, PHAs may not use records for this purpose. The
limitations, however, do not apply to criminal conviction information searches from non-
federal sources (i.e., sources other than the “law enforcement agencies” defined in 24
CFR 5.902(b)). There is no prohibition that bars a PHA from using non-federal sources
to conduct criminal background checks of program participants.
Consideration of Circumstances [24 CFR §982.552(c)(2)(i)]
The PHA is permitted, but not required, to consider all relevant circumstances when
determining whether a family’s assistance should be terminated.
PHA Policy
The PHA will consider the following facts and circumstances when making its
decision to terminate assistance:
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The seriousness of the case, especially with respect to how it would affect
other residents’ safety or property.
The effects that termination of assistance may have on other members of
the family who were not involved in the action or failure to act.
The extent of participation or culpability of individual family members,
including whether the culpable family member is a minor or a person with
disabilities or (as discussed further in section 12-II.E) a victim of domestic
violence, dating violence, sexual assault, stalking, or human trafficking.
The length of time since the violation occurred, including the age of the
individual at the time of conduct, as well as the family’s recent history and
the likelihood of favorable conduct in the future.
While a record of arrest(s) will not be used as the sole basis for
termination, an arrest may however, trigger an investigation to determine
whether the participant actually engaged in disqualifying criminal activity.
As part of its investigation, the PHA may obtain the police report
associated with the arrest and consider the reported circumstances of the
arrest. The PHA may also consider:
-
Any statements made by witnesses or the participant not included
in the police report
-
Whether criminal charges were filed
-
Whether, if filed, criminal charges were abandoned, dismissed, not
prosecuted, or ultimately resulted in an acquittal
-
Any other evidence relevant to determining whether or not the
participant engaged in disqualifying activity
Evidence of criminal conduct will be considered if it indicates a
demonstrable risk to safety and/or property:
-
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.
-
The PHA will require the applicant 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.
-
In the case of program abuse the dollar amount of the overpaid
assistance and whether or not a false certification was signed by
the family
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Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]
If the family includes a person with disabilities, the PHA’s decision to terminate
the family’s assistance is subject to consideration of reasonable accommodation
in accordance with 24 CFR Part 8.
PHA Policy
If a family indicates that the behavior of a family member with a disability is the
reason for a proposed termination of assistance, the PHA will determine whether
the behavior is related to the disability. If so, upon the family’s request, the PHA
will determine whether alternative measures are appropriate as a reasonable
accommodation.
The PHA will only consider accommodations that can reasonably be expected to
address the behavior that is the basis of the proposed termination of assistance.
See Chapter 2 for a discussion of reasonable accommodation.
12-II.E. TERMINATING RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, OR HUMAN TRAFFICKING
This section describes the protections against termination of assistance that the
Violence against Women Act (VAWA) provides for victims of domestic violence, dating
violence, sexual assault, stalking, and human trafficking. For general VAWA
requirements, key VAWA definitions, and PHA policies pertaining to notification,
documentation, and confidentiality, see section 16-IX of this plan.
VAWA Protections against Termination
VAWA provides four specific protections against termination of HCV assistance for
victims of domestic violence, dating violence, sexual assault, or stalking. (Note: The
second, third, and fourth protections also apply to terminations of tenancy or occupancy
by owners participating in the HCV program as do the limitations discussed under the
next heading.)
Although the VAWA 2022 statute does not specifically include human trafficking in
the list of victims protected under VAWA, in 2022 HUD began including human
trafficking as part of the list of victims protected under VAWA (as seen in Notices
PIH 2022-06, PIH 2022-22, and PIH 2022-24). In the absence of a final rule
implementing VAWA 2022 and to mirror HUD’s recent usage, this policy includes
human trafficking in addition to domestic violence, dating violence, sexual assault,
and stalking anywhere such a list appears.
1. VAWA provides that a PHA may not terminate assistance to a family that moves out
of an assisted unit in violation of the lease, with or without prior notification to the
PHA, if the move occurred to protect the health or safety of a family member who is
or has been the victim of domestic violence, dating violence, sexual assault, stalking,
or human trafficking, and who reasonably believed they were imminently threatened
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by harm from further violence if they remained in the unit [see 24 CFR
§982.314(b)(4)].
2. It provides that an incident or incidents of actual or threatened domestic violence,
dating violence, sexual assault, stalking, or human trafficking may not be construed
either as a serious or repeated lease violation by the victim or as good cause to
terminate the assistance of the victim [see 24 CFR §5.2005(c)(1)].
3. It provides that criminal activity directly related to domestic violence, dating violence,
sexual assault, stalking, or human trafficking may not be construed as cause for
terminating the assistance of a tenant if a member of the tenant’s household, a
guest, or another person under the tenant’s control is the one engaging in the
criminal activity and the tenant or affiliated individual or other individual is the actual
or threatened victim of the domestic violence, dating violence, sexual assault,
stalking, or human trafficking [see 24 CFR §5.2005(c)(2)].
4. It gives PHAs the authority to terminate assistance to any tenant or lawful occupant
who engages in criminal acts of physical violence against family members or others
without terminating assistance to, or otherwise penalizing, the victim of the violence
[24 CFR §5.2009(a)].
PHAs and owners may 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 [FR Notice 1/4/23].
Limitations on VAWA Protections [24 CFR §5.2005(d) and (e)]
VAWA does not limit the authority of a PHA to terminate the assistance of a victim of
abuse for reasons unrelated to domestic violence, dating violence, sexual assault,
stalking, or human trafficking so long as the PHA does not subject the victim to a more
demanding standard than it applies to other program participants [24 CFR
§5.2005(d)(1)].
Likewise, VAWA does not limit the authority of a PHA to terminate the assistance of a
victim of domestic violence, dating violence, sexual assault, stalking, or human
trafficking if the PHA can demonstrate an actual and imminent threat to other tenants or
those employed at or providing service to the assisted property if the victim is not
terminated from assistance [24 CFR §5.2005(d)(2)].
HUD regulations define actual and imminent threat to mean words, gestures, actions, or
other indicators of a physical threat that (a) is real, (b) would occur within an immediate
time frame and could result in death or serious bodily harm [24 CFR §5.2005(d)(2) and
(e)]. In determining whether an individual would pose an actual and imminent threat, the
factors to be considered include:
The duration of the risk
The nature and severity of the potential harm
The likelihood that the potential harm will occur
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The length of time before the potential harm would occur [24 CFR §5.2005(e)]
In order to demonstrate an actual and imminent threat, the PHA must have objective
evidence of words, gestures, actions, or other indicators. Even when a victim poses an
actual and imminent threat, HUD regulations authorize a PHA to terminate the victim’s
assistance “only when there are no other actions that could be taken to reduce or
eliminate the threat” [24 CFR §5.2005(d)(3)].
PHA Policy
In determining whether a program participant who is a victim of domestic
violence, dating violence, sexual assault, stalking, or human trafficking is an
actual and imminent threat to other tenants or those employed at or providing
service to a property, the PHA will consider the following, and any other relevant,
factors:
Whether the threat is toward an employee or tenant other than the victim
of domestic violence, dating violence, sexual assault, stalking, or human
trafficking
Whether the threat is a physical danger beyond a speculative threat
Whether the threat is likely to happen within a short period of time
Whether the threat to other tenants or employees can be eliminated in
some other way, such as by helping the victim relocate to a confidential
location or seeking a legal remedy to prevent the perpetrator from acting
on the threat
If the participant wishes to contest the PHA’s determination that they are an actual and
imminent threat to other tenants or employees, the participant may do so as part of the
informal hearing.
Documentation of Abuse [24 CFR §5.2007]
PHA Policy
When an individual facing termination of assistance for reasons related to
domestic violence, dating violence, sexual assault, stalking, or human trafficking
claims protection under VAWA, the PHA will request that the individual provide
documentation supporting the claim in accordance with the policies in section 16-
IX.D of this plan.
The PHA reserves the right to waive the documentation requirement if it
determines that a statement or other corroborating evidence from the individual
will suffice. In such cases the PHA will document the waiver in the individual’s
file.
Terminating the Assistance of a Domestic Violence Perpetrator
Although VAWA provides protection against termination of assistance for victims of
domestic violence, it does not provide such protection for perpetrators. VAWA gives the
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PHA the explicit authority to “terminate assistance to any individual who is a tenant or
lawful occupant and who engages in criminal acts of physical violence against family
members or others” without terminating assistance to “or otherwise penalizing the victim
of such violence who is also a tenant or lawful occupant” [24 CFR 5.2009(a)]. This
authority is not dependent on a bifurcated lease or other eviction action by an owner
against an individual family member. Further, this authority supersedes any local, state,
or other federal law to the contrary. However, if the PHA chooses to exercise this
authority, it must follow any procedures prescribed by HUD or by applicable local, state,
or federal law regarding termination of assistance. This means that the PHA must follow
the same rules when terminating assistance to an individual as it would when
terminating the assistance of an entire family [FR Notice 3/16/07].
If the perpetrator remains in the unit, the PHA continues to pay the owner until the PHA
terminates the perpetrator from the program. The PHA must not stop paying HAP until
30 days after the owner bifurcates the lease to evict the perpetrator. The PHA may pay
HAP for the full month if the 30-day period will end mid-month [Notice PIH 2017-08].
If the perpetrator is the only participant eligible to receive assistance, the PHA will
provide any remaining participant a chance to establish eligibility for the program. If the
remaining participant cannot do so, the PHA will provide them with 30 days to establish
eligibility for another housing program prior to termination of the HAP contract.
PHA Policy
The PHA will terminate assistance to a family member if the PHA determines that
the family member has committed criminal acts of physical violence against other
family members or others. This action will not affect the assistance of the
remaining, nonculpable family members.
In making its decision, the PHA will consider all credible evidence, including, but
not limited to, a signed certification (form HUD-5382) or other documentation of
abuse submitted to the PHA by the victim in accordance with this section and
section 16-IX.D. The PHA will also consider the factors in section 12-II.D. Upon
such consideration, the PHA may, on a case-by-case basis, choose not to
terminate the assistance of the culpable family member.
If the PHA does terminate the assistance of the culpable family member, it will do
so in accordance with applicable law, HUD regulations, and the policies in this
plan.
12-II.F. TERMINATION NOTICE
HUD regulations require PHAs to provide written notice of termination of assistance to a
family only when the family is entitled to an informal hearing. However, since the
family’s HAP contract and lease will also terminate when the family’s assistance
terminates [form HUD- 52641], it is a good business practice to provide written
notification to both owner and family anytime assistance will be terminated, whether
voluntarily or involuntarily.
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PHA Policy
Whenever a family’s assistance will be terminated, the PHA will send a written
notice of termination to the family and to the owner. The PHA will also send a
form HUD-5382 and form HUD-5380 to the family with the termination notice.
The notice will state the date on which the termination will become effective. This
date generally will be at least 30 calendar days following the date of the
termination notice, but exceptions will be made whenever HUD rules, other PHA
policies, or the circumstances surrounding the termination require.
When the PHA notifies an owner that a family’s assistance will be terminated, the
PHA will, if appropriate, advise the owner of their right to offer the family a
separate, unassisted lease.
If a family whose assistance is being terminated is entitled to an informal hearing, the
notice of termination that the PHA sends to the family must meet the additional HUD
and PHA notice requirements discussed in section 16-III.C of this plan. VAWA requires
PHAs to provide notice of VAWA rights and the HUD 5382 form when a PHA terminates
a household’s housing benefits.
PHA Policy
Whenever the PHA decides to terminate a family’s assistance because of the
family’s action or failure to act, the PHA will include in its termination notice the
VAWA information described in section 16-IX.C of this plan and a form HUD-
5382 and form HUD-5380. The PHA will request in writing that a family member
wishing to claim protection under VAWA notify the PHA within 14 business days.
Still other notice requirements apply in two situations:
If a criminal record is the basis of a family’s termination, the PHA must provide a
copy of the record to the subject of the record and the tenant so that they have
an opportunity to dispute the accuracy and relevance of record [24 CFR
§982.553(d)].
If immigration status is the basis of a family’s termination, as discussed in
Section 12-I.D, the special notice requirements in Section 16-III.D must be
followed.
PART III: TERMINATION OF TENANCY BY THE OWNER
12-III.A. OVERVIEW
Termination of an assisted tenancy is a matter between the owner and the family; the
PHA is not directly involved. However, the owner is under some constraints when
terminating an assisted tenancy. Termination of tenancy for certain reasons will also
result in termination of assistance as discussed in this section.
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12-III.B. GROUNDS FOR OWNER TERMINATION OF TENANCY [24 CFR §982.310, 24 CFR
5.2005(C), AND FORM HUD-52641-A, TENANCY ADDENDUM]
During the term of the lease, the owner is not permitted to terminate the tenancy except
for serious or repeated violations of the lease, certain violations of state or local law, or
other good cause.
Serious or Repeated Lease Violations
The owner is permitted to terminate the family’s tenancy for serious or repeated
violations of the terms and conditions of the lease, except when the violations are
related to incidents of actual or threatened domestic violence, dating violence, sexual
assault, stalking, and human trafficking and the victim is protected from eviction by the
Violence against Women Act of 2013 (see Section 12-II.E).
A serious lease violation includes failure to pay rent or other amounts due under the
lease.
However, the PHA’s failure to make a HAP payment to the owner is not a violation of
the lease between the family and the owner.
Violation of Federal, State, or Local Law
The owner is permitted to terminate the tenancy if a family member violates federal,
state, or local law that imposes obligations in connection with the occupancy or use of
the premises.
Criminal Activity or Alcohol Abuse
The owner may terminate tenancy during the term of the lease if any covered person,
meaning any member of the household, a guest or another person under the tenant’s
control commits any of the following types of criminal activity (for applicable definitions
see 24 CFR §5.100):
Any criminal activity that threatens the health or safety of, or the right to peaceful
enjoyment of the premises by, other residents (including property management
staff residing on the premises);
Any criminal activity that 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;
Any violent criminal activity on or near the premises; or
Any drug-related criminal activity on or near the premises.
However, in the case of criminal activity directly related to domestic violence, dating
violence, sexual assault, stalking, or human trafficking if the tenant or an affiliated
individual is the victim, the criminal activity may not be construed as cause for
terminating the victim’s tenancy (see Section 12-II.E).
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The owner may terminate tenancy during the term of the lease if any member of the
household is:
Fleeing to avoid prosecution, custody, or confinement after conviction for a crime
or an attempt to commit a crime that is a felony under the laws of the place from
which the individual flees, or that, in the case of the State of New Jersey, is a
high misdemeanor; or
Violating a condition of probation or parole imposed under federal or state law.
The owner may terminate tenancy during the term of the lease if any member of the
household has engaged in abuse of alcohol that threatens the health, safety, or right to
peaceful enjoyment of the premises by other residents.
Evidence of Criminal Activity
The owner may terminate tenancy and evict by judicial action a family for criminal
activity by a covered person if the owner determines the covered person has engaged
in the criminal activity, regardless of whether the covered person has been arrested or
convicted for such activity and without satisfying the standard of proof used for a
criminal conviction. This is the case except in certain incidents where the criminal
activity directly relates to domestic violence, dating violence, sexual assault, stalking, or
human trafficking, and the tenant or an affiliated individual is the victim or threatened
victim of the domestic violence, dating violence, sexual assault, stalking, or human
trafficking.
Other Good Cause
During the initial lease term, the owner may not terminate the tenancy for “other good
cause” unless the owner is terminating the tenancy because of something the family did
or failed to do.
During the initial lease term or during any extension term, other good cause includes the
disturbance of neighbors, destruction of property, or living or housekeeping habits that
cause damage to the unit or premises.
After the initial lease term, “other good cause” for termination of tenancy by the owner
includes:
Failure by the family to accept the offer of a new lease or revision;
The owner's desire to use the unit for personal or family use, or for a purpose
other than as a residential rental unit; or
A business or economic reason for termination of the tenancy (such as sale of
the property, renovation of the unit, or desire to lease the unit at a higher rent).
After the initial lease term, the owner may give the family notice at any time, in
accordance with the terms of the lease.
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If a property is subject to foreclosure, during the term of the lease, the new owner of the
property does not have good cause to terminate the tenant’s lease, unless the new
owner will occupy the unit as their primary residence and has provided the tenant with
at least a 90-day notice. In that case, the lease may be terminated effective on the date
of sale, although the tenant is still entitled to a 90-day notice to vacate. See Section 13-
II.G for a discussion of PHA policies relating to units in foreclosure.
12-III.C. EVICTION [24 CFR §982.310(E) AND (F) AND FORM HUD-52641-A, TENANCY
ADDENDUM]
The owner must give the tenant a written notice that specifies the grounds for
termination of tenancy during the term of the lease. The tenancy does not terminate
before the owner has given this notice, and the notice must be given at or before
commencement of the eviction action.
The notice of grounds may be included in, or may be combined with, any owner eviction
notice to the tenant.
Owner eviction notice means a notice to vacate, or a complaint or other initial pleading
used under state or local law to commence an eviction action. The owner may only evict
the tenant from the unit by instituting a court action.
The owner must give the PHA a copy of any eviction notice at the same time the owner
notifies the family. The family is also required to give the PHA a copy of any eviction
notice (see Chapter 5).
PHA Policy
If the eviction action is finalized in court, the owner must provide the PHA with
documentation related to the eviction, including notice of the eviction date, as
soon as possible, but no later than 5 business days following the court-ordered
eviction.
12-III.D. DECIDING WHETHER TO TERMINATE TENANCY [24 CFR §982.310(H)], [24 CFR
§982.310(H)(4)]
An owner who has grounds to terminate a tenancy is not required to do so and may
consider all of the circumstances relevant to a particular case before making a decision.
These might include:
The nature of the offending action
The seriousness of the offending action;
The effect on the community of the termination, or of the owner’s failure to
terminate the tenancy;
The extent of participation by the leaseholder in the offending action;
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The effect of termination of tenancy on household members not involved in the
offending activity;
The demand for assisted housing by families who will adhere to lease
responsibilities;
The extent to which the leaseholder has shown personal responsibility and taken
all reasonable steps to prevent or mitigate the offending action;
The effect of the owner's action on the integrity of the program.
The owner may require a family to exclude a household member in order to continue to
reside in the assisted unit, where that household member has participated in or been
culpable for action or failure to act that warrants termination.
In determining whether to terminate tenancy for illegal use of drugs or alcohol abuse by
a household member who is no longer engaged in such behavior, the owner may
consider whether such household member is participating in or has successfully
completed a supervised drug or alcohol rehabilitation program or has otherwise been
rehabilitated successfully (42 U.S.C. 13661). For this purpose, the owner may require
the tenant 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.
The owner's termination of tenancy actions must be consistent with the fair housing and
equal opportunity provisions in 24 CFR §5.105.
An owner’s decision to terminate tenancy for incidents related to domestic violence,
dating violence, sexual assault, stalking, or human trafficking is limited by the Violence
against Women Act (VAWA) and the conforming regulations in 24 CFR Part 5, Subpart
L. (See Section 12-II.E.)
12-III.E. EFFECT OF TENANCY TERMINATION ON THE FAMILY’S ASSISTANCE
If a termination is not due to a serious or repeated violation of the lease, and if the PHA
has no other grounds for termination of assistance, the PHA may issue a new voucher
so that the family can move with continued assistance (see Chapter 10).
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EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS
Following is a listing of a participant family’s obligations under the HCV program:
The family must supply any information that the PHA or HUD determines to be
necessary, including submission of required evidence of citizenship or eligible
immigration status.
The family must supply any information requested by the PHA or HUD for use in
a regularly scheduled reexamination or interim reexamination of family income
and composition.
The family must disclose and verify social security numbers and sign and submit
consent forms for obtaining information.
Any information supplied by the family must be true and complete.
The family may be held responsible for a breach of housing quality standards
caused by the family’s failure to pay tenant-provided utilities or appliances, or
damages to the dwelling unit or premises beyond normal wear and tear caused
by any member of the household or guest.
PHA Policy
Damages beyond normal wear and tear will be considered to be damages,
which could be assessed against the security deposit.
The family must allow the PHA to inspect the unit at reasonable times and after
reasonable notice, as described in Chapter 8 of this plan.
The family must not commit any serious or repeated violation of the lease.
PHA Policy
The PHA will determine if a family has committed serious or repeated
violations of the lease based on available evidence, including but not limited
to, a court-ordered eviction, or an owner’s notice to evict police reports, and
affidavits from the owner, neighbors, or other credible parties with direct
knowledge.
Serious and repeated lease violations will include, but not be limited to,
nonpayment of rent, disturbance of neighbors, destruction of property, or
living or housekeeping habits that cause damage to the unit or premises and
criminal activity. Generally, the criterion to be used will be whether or not the
reason for the eviction was the fault of the tenant or guests. Any incidents of,
or criminal activity related to, domestic violence, dating violence, sexual
assault, stalking, or human trafficking will not be construed as serious or
repeated lease violations by the victim [see 24 CFR §5.2005(c)(1)].
The family must notify the PHA and the owner before moving out of the unit or
terminating the lease.
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PHA Policy
The family must comply with lease requirements regarding written notice to
the owner.
The family must provide written notice to the PHA at the same time the owner
is notified.
The family must promptly give the PHA a copy of any owner eviction notice.
The family must use the assisted unit for residence by the family. The unit must
be the family’s only residence.
The composition of the assisted family residing in the unit must be approved by
the PHA. The family must promptly notify the PHA in writing of the birth,
adoption, or court-awarded custody of a child. The family must request PHA
approval to add any other family member as an occupant of the unit.
PHA Policy
The request to add a family member must be submitted in writing and
approved prior to the person moving into the unit. The PHA will determine
eligibility of the new member in accordance with the policies in Chapter 3.
The family must promptly notify the PHA in writing if any family member no
longer lives in the unit.
If the PHA has given approval, a foster child or a live-in aide may reside in the
unit. The PHA has the discretion to adopt reasonable policies concerning
residency by a foster child or a live- in aide, and to define when PHA consent
may be given or denied. For policies related to the request and
approval/disapproval of foster children, foster adults, and live-in aides, see
Chapter 3 (Sections I.K and I.M), and Chapter 11 (Section II.B).
The family must not sublease the unit, assign the lease, or transfer the unit.
PHA Policy
Subleasing includes receiving payment to cover rent and utility costs by a
person living in the unit who is not listed as a family member.
The family must supply any information requested by the PHA to verify that the
family is living in the unit or information related to family absence from the unit.
The family must promptly notify the PHA when the family is absent from the unit.
PHA Policy
Notice is required under this provision only when all family members will
be absent from the unit for an extended period. An extended period is
defined as any period greater than 30 calendar days. Written notice must
be provided to the PHA at the start of the extended absence.
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The family must pay utility bills and provide and maintain any appliances that the
owner is not required to provide under the lease [Form HUD-52646, Voucher].
The family must not own or have any interest in the unit, (other than in a
cooperative and owners of a manufactured home leasing a manufactured home
space).
Family members must not commit fraud, bribery, or any other corrupt or criminal
act in connection with the program. (See Chapter 14, Program Integrity for
additional information).
Family members must not engage in drug-related criminal activity or violent
criminal activity or other criminal activity that threatens the health, safety, or right
to peaceful enjoyment of other residents and persons residing in the immediate
vicinity of the premises. See Chapter 12 for HUD and PHA policies related to
drug-related and violent criminal activity.
Members of the household must not engage in abuse of alcohol in a way that
threatens the health, safety, or right to peaceful enjoyment of the other residents
and persons residing in the immediate vicinity of the premises. See Chapter 12
for a discussion of HUD and PHA policies related to alcohol abuse.
An assisted family or member of the family must not receive HCV program
assistance while receiving another housing subsidy, for the same unit or a
different unit under any other federal, state or local housing assistance program.
A family must not receive HCV program assistance while residing in a unit owned
by a parent, child, grandparent, grandchild, sister or brother of any member of
the family, unless the PHA has determined (and has notified the owner and the
family of such determination) that approving rental of the unit, notwithstanding
such relationship, would provide reasonable accommodation for a family member
who is a person with disabilities. [Form HUD-52646, Voucher]
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CHAPTER 13
Owners
Introduction
Owners play a major role in the HCV program by supplying decent, safe, and sanitary
housing for participating families.
The term “owner” refers to any person or entity with the legal right to lease or sublease
a unit to a participant in the HCV program [24 CFR §982.4(b)]. The term “owner”
includes a principal or other interested party [24 CFR §982.453; 24 CFR §982.306(f)],
such as a designated agent of the owner.
Owners have numerous responsibilities under the program, including screening and
leasing to families, maintaining the dwelling unit, enforcing the lease, and complying
with various contractual obligations.
The chapter is organized in two parts:
Part I: Owners in the HCV Program. This part discusses the role of an owner in
the PHA’s HCV program and highlights key owner rights and responsibilities.
Part II: HAP Contracts. This part explains provisions of the HAP contract and
the relationship between the PHA and the owner as expressed in the HAP
contract.
For detailed information about HCV program responsibilities and processes, including
PHA policies in key areas, owners will need to refer to several other chapters in this
plan. Where appropriate, Chapter 13 will reference the other chapters.
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PART I. OWNERS IN THE HCV PROGRAM
13-I.A. OWNER RECRUITMENT AND RETENTION [HCV GB, PP. 2-4 TO 2-6; HCV
LANDLORD STRATEGY GUIDEBOOK FOR PHA];
Education and outreachPHAs are responsible for ensuring that very low-income families
have access to all types and ranges of affordable housing in the PHA’s jurisdiction,
particularly housing outside areas of poverty or minority concentration. A critical element
in fulfilling this responsibility is for the PHA to ensure that a sufficient number of owners,
representing all types and ranges of affordable housing in the PHA’s jurisdiction, are
willing to participate in the HCV program.
To accomplish this objective, PHAs must identify and recruit new owners to participate
in the program. PHAs can provide education and outreach in a variety of ways. Some
strategies include hosting or attending events targeted to landlords or affordable
housing providers. Education and outreach can include activities like newsletters,
presentations, briefings to community groups, one-on-one appointments, or other ways
of sharing information or creating relationships between PHAs and owners. The PHA
may also provide monetary incentives and reimbursements to encourage participation in
the program.
If the PHA will be conducting outreach events, the PHA must ensure that notices and
communications during outreach events are provided in a manner that is effective for
persons with hearing, visual, and other communications-related disabilities. PHAs must
also take reasonable steps to ensure meaningful access to programs to persons with
limited English proficiency.
PHA Policy
The PHA will conduct owner outreach to ensure that owners are familiar with the
program and its advantages. The PHA will actively recruit property owners with
property located outside areas of poverty and minority concentration. These
outreach strategies will include:
Distributing printed material about the program to prospective property
owners and managers
Contacting property owners and managers by phone, email, or in-person
Holding owner recruitment/information meetings as necessary
Developing working relationships with owners and real estate brokers’
associations. PHA will attempt to also include apartment associations
Free vacancy listing. The PHA may provide in-house referral listing and
has partnered with www.Gosection8.com, which provides an enhanced
program to list rental properties on line. Listings are available to potential
Section 8 tenants seeking apartment units, duplexes, single-family homes
or townhomes in the private market.
Printed material is offered to acquaint owners and managers with the
opportunities available under the program.
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To the extent practical, partnering with and attending events hosted by
other area agencies to deliver information about the HCV program
Outreach strategies will be monitored for effectiveness and will be adapted accordingly
based on need.
Retention
In addition to recruiting owners to participate in the HCV program, the PHA must also
provide the kind of customer service that will encourage participating owners to remain
active in the program. See the “Landlord-Focused Customer Service” chapter of the
HCV Landlord Strategies Guidebook for more information.
PHA Policy
All PHA activities that may affect an owner’s ability to lease a unit will be
processed as rapidly as possible, in order to minimize vacancy losses for
owners.
The PHA will provide owners with a handbook that explains the program,
including HUD and PHA policies and procedures, in easy-to-understand
language.
The PHA will give special attention to helping new owners succeed through
activities such as:
Providing the owner with a designated PHA contact person.
Coordinating inspection and leasing activities between the PHA, the
owner, and the family.
Initiating telephone contact with the owner to explain the inspection
process and providing an inspection booklet and other resource materials
about HUD housing quality standards.
Providing other written information about how the program operates,
including answers to frequently asked questions.
Contacting owners via letters, emails or, texts to disseminate information.
Additional services may be undertaken on an as-needed basis, and as resources
permit.
13-I.B. BASIC HCV PROGRAM REQUIREMENTS
HUD requires the PHA to assist families in their housing search by providing the family
with a list of landlords or other parties known to the PHA who may be willing to lease a
unit to the family, or to help the family find a unit. As part of the briefing packet, the PHA
is also required to provide a current listing of accessible units known to the PHA.
Although the PHA cannot maintain a list of owners that are pre- qualified to participate
in the program, owners may indicate to the PHA their willingness to lease a unit to an
eligible HCV family, or to help the HCV family find a unit [24 CFR §982.301(b)(11)].
13-4
PHA Policy
Owners that wish to indicate their willingness to lease a unit to an eligible HCV
family or to help the HCV family find a unit must notify the PHA. The PHA will
maintain a listing of such owners and provide this listing to the HCV family as
part of the informational briefing packet.
When a family approaches an owner to apply for tenancy, the owner is responsible for
screening the family and deciding whether to lease to the family, just as the owner
would with any potential unassisted tenant. The PHA has no liability or responsibility to
the owner or other persons for the family’s behavior or suitability for tenancy. See
chapters 3 and 9 for more detail on tenant family screening policies and process.
If the owner is willing, the family and the owner must jointly complete a Request for
Tenancy Approval (RFTA, Form HUD 52517), which constitutes the family's request for
assistance in the specified unit, and which documents the owner's willingness to lease
to the family and to follow the program’s requirements.
When submitted to the PHA, this document is the first step in the process of obtaining
approval for the family to receive the financial assistance it will need in order to occupy
the unit.
Also submitted with the RFTA is a copy of the owner’s proposed dwelling lease,
including the HUD-required Tenancy Addendum (Form HUD-52641-A). See Chapter 9
for more detail on request for tenancy approval policies and process.
HUD regulations stipulate requirement for the approval of an assisted tenancy.
The owner must be qualified to participate in the program [24 CFR §982.306]. Some
owners are precluded from participating in the program, or from renting to a particular
family, either because of their past history with this or another federal housing program,
or because of certain conflicts of interest. Owner qualifications are discussed later in
this chapter.
The selected unit must be of a type that is eligible for the program [24 CFR
§982.305(a)]. Certain types of dwelling units cannot be assisted under the HCV
program. Other types may be assisted under certain conditions. See chapter 9 for more
detail on unit eligibility policies and process.
The selected unit must pass housing quality standards [24 CFR 982.305(a)(2)]. The
PHA will inspect the owner’s dwelling unit at least annually to ensure that the unit
continues to meet inspection requirements. See Chapter 8 for a discussion of the
inspection standards and policies for NSPIRE inspections at initial lease-up and
throughout the family’s tenancy.
The PHA must determine that the proposed rent for the unit is reasonable [24 CFR
982.305(a)]. The rent must be reasonable in relation to comparable unassisted units in
the area and must not be in excess of rents charged by the owner for comparable,
unassisted units on the premises. See chapter 8 for a discussion of requirements and
policies on rent reasonableness, rent comparability and the rent reasonableness
determination process.
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At initial lease-up of a unit, if the gross rent exceeds the applicable payment standard,
the PHA must ensure that the family share does not exceed 40 percent of the family’s
monthly adjusted income [24 CFR §982.305(a)]. See Chapter 6 for a discussion of the
calculation of family income, family share of rent and HAP.
The dwelling lease must comply with all program requirements [24 CFR §982.308].
Owners are encouraged to use their standard leases when renting to an assisted family.
The HUD Tenancy Addendum (Form HUD-52641-A), includes the HUD requirement
governing the tenancy and must be added word-for- word to the owner’s lease. See
Chapter 9 for a discussion of the dwelling lease and tenancy addendum, including lease
terms and provisions.
The PHA and the owner must execute a Housing Assistance Payment (HAP) Contract
(Form HUD-52641). The HAP contract format is prescribed by HUD. See chapter 9 for a
discussion of the HUD requirements for execution of the HAP contract.
13-I.C. OWNER RESPONSIBILITIES [24 CFR §982.452]
The basic owner responsibilities in the HCV program are outlined in the regulations as
follows:
Complying with all of the owner's obligations under the Housing Assistance
Payments (HAP) contract and the lease
Performing all management and rental functions for the assisted unit, including
selecting a voucher-holder to lease the unit, and deciding if the family is suitable
for tenancy of the unit
Maintaining the unit in accordance withhousing quality standards, including
performance of ordinary and extraordinary maintenance
Complying with equal opportunity requirements
Preparing and furnishing to the PHA information required under the HAP contract
Collecting the security deposit, the tenant rent, and any charges for unit damage
by the family
Enforcing tenant obligations under the dwelling lease
Paying for utilities and services that are not the responsibility of the family as
specified in the lease
Allowing reasonable modifications to a dwelling unit occupied or to be occupied
by a disabled person [24 CFR §100.203]
Complying with the Violence against Women Reauthorization Act (VAWA) when
screening prospective HCV tenants or terminating the tenancy of an HCV family
[see 24 CFR Part 5, Subpart L; 24 CFR §982.310(h)(4); and 24 CFR
§982.452(b)(1)); and FR Notice 1/4/23].
13-I.D. OWNER QUALIFICATIONS
13-6
The PHA does not formally approve an owner to participate in the HCV program.
However, there are a number of criteria where the PHA may deny approval of an
assisted tenancy based on past owner behavior, conflict of interest, or other owner-
related issues. No owner has a right to participate in the HCV program [24 CFR
§982.306(e)].
Owners Barred from Participation [24 CFR §982.306(a) and (b)]
The PHA must not approve the assisted tenancy if the PHA has been informed that the
owner has been debarred, suspended, or subject to a limited denial of participation
under 24 CFR part 24.
HUD may direct the PHA not to approve a tenancy request if a court or administrative
agency has determined that the owner violated the Fair Housing Act or other federal
equal opportunity requirements, or if such an action is pending.
Leasing to Relatives [24 CFR §982.306(d), HCV GB p. 11-2]
The PHA must not approve a tenancy if the owner is the parent, child, grandparent,
grandchild, sister, or brother of any member of the family. The PHA may make an
exception as a reasonable accommodation for a family member with a disability. The
owner is required to certify that no such relationship exists. This restriction applies at the
time that the family receives assistance under the HCV program for occupancy of a
particular unit. Current contracts on behalf of owners and families that are related may
continue, but any new leases or contracts for these families may not be approved.
Conflict of Interest [24 CFR §982.161; HCV GB p. 8-19; Form HUD-52641, Section
13]
The PHA 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 PHA (except a participant
commissioner)
Any employee of the PHA, or any contractor, subcontractor or agent of the PHA,
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
Such “covered individual” may not have any direct or indirect interest in the HAP
contract or in any benefits or payments under the contract (including the interest of
an immediate family member of such covered individual) while such person is a
covered individual or for one year thereafter.
Immediate family member means the spouse, parent (including a stepparent), child
(including a stepchild), grandparent, grandchild, sister, or brother (including a stepsister
or stepbrother) of any covered individual.
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HUD may waive the conflict-of-interest requirements, except for members of Congress,
for good cause. The PHA must submit a waiver request to the appropriate HUD Field
Office for determination.
Any waiver request submitted by the PHA must include the following [HCV Guidebook
pp.11-2 and 11-3]:
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;
Analysis of, and statement of consistency with state and local laws. The local
HUD office, the PHA, 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,
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 PHA or assistance
under the HCV program for an eligible PHA 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 PHA, description of the nature of the investment, including
disclosure/divestiture plans.
Where the PHA has requested a conflict of interest waiver, the PHA may not execute
the HAP contract until HUD has made a decision on the waiver request.
PHA Policy
In considering whether to request a conflict of interest waiver from HUD, the PHA
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.
13-8
Owner Actions That May Result in Disapproval of a Tenancy Request [24 CFR
§982.306(c)]
HUD regulations permit the PHA to disapprove a request for tenancy for various actions
and inactions of the owner.
If the PHA disapproves a request for tenancy because an owner is not qualified, it may
not terminate the HAP contract for any assisted families that are already living in the
owner’s properties unless the owner has violated the HAP contract for those units [HCV
GB p. 11-4].
PHA Policy
The PHA will refuse to approve a request for tenancy if any of the following are
true:
The owner has violated obligations under a HAP contract under Section 8
of the 1937 Act (42 U.S.C. 1437f);
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 NSPIRE
Protocol for units leased under the tenant-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
tenants of units assisted under Section 8 or any other federally assisted
housing program for activity engaged in by the tenant, any member of the
household, a guest or another person under the control of any member of
the household that:
(i)
Threatens the right to peaceful enjoyment of the premises by other
residents;
(ii)
Threatens the health or safety of other residents, of employees of
the PHA, or of owner employees or other persons engaged in
management of the housing;
(iii)
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
(iv)
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;
The owner has not paid state or local real estate taxes, fines, or
assessment
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In considering whether to disapprove owners for any of the discretionary reasons
listed above, the PHA will consider any mitigating factors. Such factors may
include, but are not limited to, the seriousness of the violation in relation to
program requirements, the impact on the ability of families to lease units under
the program, health and safety of participating families, among others.
Legal Ownership of Unit
The following represents PHA policy on legal ownership of a dwelling unit to be assisted
under the HCV program.
PHA Policy
The PHA will only enter into a contractual relationship with the legal owner of a
qualified unit. No tenancy will be approved without acceptable documentation of
legal ownership (e.g., deed of trust, proof of taxes for most recent year).
13-I.E. NON-DISCRIMINATION [HAP CONTRACT – FORM HUD-52641]
The owner must not discriminate against any person because of race, color, religion,
sex, national origin, age, familial status, or disability, in connection with any actions or
responsibilities under the HCV program and the HAP contract with the PHA.
The owner must cooperate with the PHA and with HUD in conducting any equal
opportunity compliance reviews and complaint investigations in connection with the
HCV program and the HAP contract with the PHA.
See Chapter 2 for a more thorough discussion of Fair Housing and Equal Opportunity
requirements in the HCV program.
PART II. HAP CONTRACTS
13-II.A. OVERVIEW
The HAP contract (Form HUD-52641) represents a written agreement between the PHA
and the owner of the dwelling unit occupied by a HCV assisted family. The contract
spells out the owner’s responsibilities under the program, as well as the PHA’s
obligations. Under the HAP contract, the PHA agrees to make housing assistance
payments to the owner on behalf of the family approved by the PHA to occupy the unit.
The HAP contract is used for all HCV tenant-based program tenancies except for
assistance under the Section 8 homeownership program, and assistance to families that
own a manufactured home and use their assistance to lease the space for the
manufactured home. See Chapter 15 for a discussion of any special housing types
included in the PHA’s HCV program.
When the PHA has determined that the unit meets program requirements and the
tenancy is approvable, the PHA and owner must execute the HAP contract. See
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Chapter 9 for a discussion of the leasing process, including provisions for execution of
the HAP contract.
13-II.B. HAP CONTRACT CONTENTS
The HAP contract format is required by HUD, specifically Housing Assistance Payment
(HAP) Contract, Form HUD-52641.
The HAP contract contains three parts.
Part A of the contract includes basic contract information the names of the tenant and
all household members, the address of the contract unit, start and end dates of initial
lease term, the amount of initial monthly rent to owner, the amount of initial housing
assistance payment, the utilities and appliances to be supplied by owner and tenant,
and the signatures of the PHA representative and owner [HCV Guidebook, pp 11-10
and 11-11].
In general, the HAP contract cannot be modified. However, PHAs do have the discretion
to add language to Part A of the HAP contract, which prohibits the owner from collecting
a security deposit in excess of private market practices or in excess of amounts charged
to unassisted tenants. PHA policy on the amount of security deposit an owner may
collect is found in Chapter 9.
PHAs also have the discretion to add language to Part A of the HAP contract that
defines when the housing assistance payment by the PHA is deemed received by the
owner (e.g., upon mailing by the PHA or actual receipt by the owner).
PHA Policy
The PHA has not adopted a policy that defines when the housing assistance
payment by the PHA is deemed received by the owner. Therefore, no
modifications to the HAP contract will be necessary.
Part B is the body of the contract. It describes in detail program requirements affecting
the owner and owner roles and responsibilities under the HCV program. Most of the
requirements contained in Part B of the HAP contract are outlined elsewhere in this
plan. Topics addressed in Part B include:
Lease of Contract Unit
Maintenance, Utilities, and Other Services
Term of HAP Contract
Provision and Payment of Utilities and Appliances
Rent to Owner: Reasonable Rent
PHA Payment to Owner
Prohibition of Discrimination
Owner’s Breach of HAP Contract
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PHA and HUD Access to Premises and Owner’s Records
Exclusion of Third-Party Rights
Conflict of Interest
Assignment of the HAP Contract
Written Notices
Entire Agreement Interpretation
Part C of the contract includes the Tenancy Addendum (Form HUD-52641-A). The
addendum sets forth the tenancy requirements for the program and the composition of
the household, as approved by the PHA. The tenant has the right to enforce the
Tenancy Addendum against the owner. The terms of the Tenancy Addendum prevail
over any other provisions of the lease.
13-II.C. HAP CONTRACT PAYMENTS
General
During the term of the HAP contract, and subject to the provisions of the HAP contract,
the PHA must make monthly HAP payments to the owner on behalf of the family, at the
beginning of each month. If a lease term begins after the first of the month, the HAP
payment for the first month is prorated for a partial month.
The amount of the HAP payment is determined according to the policies described in
Chapter 6, and is subject to change during the term of the HAP contract. The PHA must
notify the owner and the family in writing of any changes in the HAP payment.
HAP payments can be made only during the lease term, and only while the family is
residing in the unit.
The monthly HAP payment by the PHA is credited toward the monthly rent to owner
under the family’s lease. The total of the rent paid by the tenant, and the HAP payment
is equal to the rent to owner as specified in the lease.
The family is not responsible for payment of the HAP payment, and the PHA is not
responsible for payment of the family share of rent.
The family’s share of the rent cannot be more than the difference between the rent to
owner and the HAP payment. The owner may not demand or accept any rent payment
from the tenant in excess of this maximum [24 CFR §982.451(b)(4)]. The owner may
not charge the tenant extra amounts for items customarily included in rent in the locality,
or provided at no additional cost to unsubsidized tenants in the premises [24 CFR
§982.510(c)]. See Chapter 9 for a discussion of separate, non-lease agreements for
services, appliances and other items that are not included in the lease.
If the owner receives any excess HAP from the PHA, the excess amount must be
returned immediately. If the PHA determines the owner is not entitled to all or a portion
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of the HAP, the PHA may deduct the amount of overpayment from any amounts due to
the owner, including amounts due under any other Section 8 HCV contract. See
Chapter 16 for additional detail on owner reimbursement of HAP overpayments.
Owner Certification of Compliance
Unless the owner complies with all provisions of the HAP contract, the owner is not
entitled to receive housing assistance payments under the HAP contract [HAP Contract
– Form HUD-52641].
By endorsing the monthly check from the PHA, the owner certifies to compliance with
the terms of the HAP contract. This includes certification that the owner is maintaining
the unit and premises in accordance with housing quality; that the contract unit is leased
to the tenant family and, to the best of the owner’s knowledge, the family resides in the
unit as the family’s only residence; the rent to owner does not exceed rents charged by
the owner for comparable unassisted units on the premises; and that the owner does
not receive (other than rent to owner) any additional payments or other consideration for
rent of the contract unit during the HAP term.
Late HAP Payments [24 CFR §982.451(a)(5)]
The PHA is responsible for making HAP payments promptly when due to the owner, in
accordance with the terms of the HAP contract. After the first two calendar months of
the HAP contract term, the HAP contract provides for late penalties if the PHA fails to
make the HAP payment on time.
Penalties for late HAP payments can only be imposed if 1) the penalties are in
accordance with generally accepted local rental market practices and law governing
penalties for late payment by tenants; 2) it is the owner’s normal business practice to
charge late payment penalties for both assisted and unassisted families; and 3) the
owner charges the assisted family for late payment of the family’s share of the rent.
The PHA is not required to pay a late payment penalty if HUD determines that the
payment is late for reasons beyond the PHA’s control. In addition, late payment
penalties are not required if the PHA intentionally delays or denies payment as a
remedy to an owner breach of the HAP contract [HCV Guidebook p. 11-7].
Termination of HAP Payments [24 CFR 982.311(b)]
The PHA must continue making housing assistance payments to the owner in
accordance with the HAP contract as long as the tenant continues to occupy the unit
and the HAP contract is not violated.
HAP payments terminate when the HAP contract terminates or when the tenancy is
terminated in accordance with the terms of the lease.
If the owner has initiated eviction proceedings against the family and the family
continues to reside in the unit, the PHA must continue to make housing assistance
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payments to the owner until the owner has obtained a court judgment or other process
allowing the owner to evict the tenant.
PHA Policy
The owner must inform the PHA when the owner has initiated eviction
proceedings against the family and the family continues to reside in the unit.
The owner must inform the PHA when the owner has obtained a court judgment
or other process allowing the owner to evict the tenant and provide the PHA with
a copy of such judgment or determination.
After the owner has obtained a court judgment or other process allowing the
owner to evict the tenant, the PHA will continue to make HAP payments to the
owner until the family actually moves from the unit or until the family is physically
evicted from the unit, whichever is earlier. The owner must inform the PHA of the
date when the family actually moves from the unit, or the family is physically
evicted from the unit.
13-II.D. BREACH OF HAP CONTRACT [24 CFR §982.453]
Any of the following actions by the owner constitutes a breach of the HAP contract:
If the owner violates any obligations under the HAP contract including failure to
maintain the unit in accordance with housing quality standards
If the owner has violated any obligation under any other HAP contract under
Section 8
If the owner has committed fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program
For projects with mortgages insured by HUD or loans made by HUD, if the owner
has failed to comply with the regulation for the applicable program; or if the
owner has committed fraud, bribery or any other corrupt or criminal act in
connection with the mortgage or loan
If the owner has engaged in drug-related criminal activity
If the owner has committed any violent criminal activity
If the PHA determines that a breach of the HAP contract has occurred, the PHA must
take enforcement action in accordance with 24 CFR 982.404.
The PHA rights and remedies against the owner under the HAP contract include
recovery of any HAP overpayment, withholding or abatement of housing assistance
payments, termination of the payment or termination of the HAP contract. The PHA may
also obtain additional relief by judicial order or action.
The PHA must notify the owner of its determination and provide in writing the reasons
for the determination. The notice may require the owner to take corrective action by an
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established deadline. The PHA must provide the owner with written notice of any
reduction in housing assistance payments or the termination of the HAP contract.
PHA Policy
Before the PHA invokes a remedy against an owner, the PHA will evaluate all
information and documents available to determine if the contract has been
breached.
If relevant, the PHA will conduct an audit of the owner’s records pertaining to the
tenancy or unit.
If it is determined that the owner has breached the contract, the PHA will
consider all of the relevant factors including the seriousness of the breach, the
effect on the family, the owner’s record of compliance and the number and
seriousness of any prior HAP contract violations.
13-II.E. HAP CONTRACT TERM AND TERMINATIONS
The term of the HAP contract runs concurrently with the term of the dwelling lease [24
CFR §982.451(a)(2)], beginning on the first day of the initial term of the lease and
terminating on the last day of the term of the lease, including any lease term extensions.
The HAP contract and the housing assistance payments made under the HAP contract
terminate if [HCV Guidebook pp.11-4 and 11-5, pg. 15-3]:
The owner or the family terminates the lease;
The lease expires;
The PHA terminates the HAP contract;
The PHA terminates assistance for the family;
The family moves from the assisted unit. In this situation, the owner is entitled to
keep the housing assistance payment for the month when the family moves out
of the unit.
180 calendar days have elapsed since the PHA made the last housing
assistance payment to the owner;
The family is absent from the unit for longer than the maximum period permitted
by the PHA;
The Annual Contributions Contract (ACC) between the PHA and HUD expires;
The PHA elects to terminate the HAP contract.
PHA Policy
The PHA may elect to terminate the HAP contract in each of the following
situations:
Available program funding is not sufficient to support continued assistance
for families in the program [24 CFR §982.454];
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The unit does not meet housing quality standards size requirements due
to change in family composition [24 CFR §982.403] – see Chapter 8;
The unit does not meet housing quality standards [24 CFR §982.404] –
see chapter 8;
The family breaks up [HUD Form 52641] – see Chapter 3;
The owner breaches the HAP contract [24 CFR §982.453(b)] – see
Section 13-II.D.
If the PHA terminates the HAP contract, the PHA must give the owner and the family
written notice. The notice must specify the reasons for the termination and the effective
date of the termination. Once a HAP contract is terminated, no further HAP payments
may be made under that contract [HCV Guidebook pg.15-4].
PHA Policy
Generally, the HAP contract terminates at the end of the calendar month that
follows the calendar month in which the PHA gives written notice to the owner.
The PHA cannot make any HAP payment for any month after the month the
family vacates the unit.
The owner is not entitled to any housing assistance payment after this period and
must return to the PHA any housing assistance payment received after this
period.
If the family moves from the assisted unit into a new unit, even if the new unit is in the
same building or complex as the assisted unit, the HAP contract for the assisted unit
terminates. A new HAP contract would be required [HCV GB, p. 11-17].
When the family moves from an assisted unit into a new unit, the term of the HAP
contract for the new unit may begin in the same month in which the family moves out of
its old unit. This is not considered a duplicative subsidy [HCV GB, p. 8-22].
13-II.F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT [form
HUD-52641]
The HAP contract cannot be assigned to a new owner without the prior written consent
of the PHA.
An owner under a HAP contract must notify the PHA in writing prior to a change in the
legal ownership of the unit. The owner must supply all information as requested by the
PHA.
Prior to approval of assignment to a new owner, the new owner must agree to be bound
by and comply with the HAP contract. The agreement between the new owner and the
former owner must be in writing and in a form that the PHA finds acceptable. The new
owner must provide the PHA with a copy of the executed agreement.
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PHA Policy
Assignment of the HAP contract will be approved only if the new owner is qualified to
become an owner under the HCV program according to the policies in Section 13-I.D. of
this chapter.
The PHA must receive a signed, written request from the existing owner stating
the name and address of the new HAP payee and the effective date of the
assignment in order to change the HAP payee under an outstanding HAP
contract.
Within 10 business days of receiving the owner’s request, the PHA will inform the
current owner in writing whether the assignment may take place.
The new owner must provide a written certification to the PHA that includes:
A copy of the escrow statement or other document showing the transfer of
title and recorded deed;
A copy of the owner’s IRS Form W-9, Request for Taxpayer Identification
Number and Certification, or the social security number of the new owner;
The effective date of the HAP contract assignment;
A written agreement to comply with the terms of the HAP contract; and
A certification that the new owner is not a prohibited relative.
If the new owner does not agree to an assignment of the HAP contract, or fails to
provide the necessary documents, the PHA will terminate the HAP contract with the old
owner. If the new owner wants to offer the family a new lease, and the family elects to
stay with continued assistance, the PHA will process the leasing in accordance with the
policies in Chapter 9.
13-II.G. FORECLOSURE [NOTICE PIH 2010-49]
Families receiving HCV assistance are entitled to certain protections set forth under the
Protecting Tenants at Foreclosure Act (PTFA). During the term of the lease, the new
owner of the property does not have good cause to terminate the tenant’s lease, unless
the new owner will occupy the unit as their primary residence and has provided the
tenant with at least a 90-day notice. In that case, the lease may be terminated effective
on the date of sale, although the tenant is still entitled to a 90-day notice to vacate.
Further, the new owner assumes interest in the lease between the prior owner and the
tenant and to the HAP contract.
Any state or local law that provides longer time periods or other additional protections
for tenants also applies.
PHA Policy
If a property is in foreclosure, the PHA will make all reasonable efforts to
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determine the status of the foreclosure and ownership of the property and will
continue to make payments to the original owner until ownership legally transfers
in accordance with the HAP contract.
The PHA will attempt to obtain a written acknowledgement of the assignment of
the HAP contract from the successor in interest. This will include a request for
owner information, including a tax identification number and payment instructions
from the new owner. Even if the new owner does not acknowledge the
assignment of the HAP contract in writing, the assignment is still effective by
operation of law.
The PHA will inform the tenant that they must continue to pay rent in accordance
with the lease, and if the new owner refuses to accept payment or cannot be
identified, the tenant should pay rent into escrow. Failure to pay rent may
constitute an independent ground for eviction.
In the event that the PHA is unable to make HAP payments to the new owner
due to an action or inaction by the new owner that prevents such payments (e.g.,
rejection of payments or failure to maintain the property according to housing
quality standards), or due to an inability to identify the new owner, the PHA will
either use the funds to pay:
The utilities that are the owner’s responsibility after taking reasonable
steps to notify the owner; except that if the unit has been or will be
rendered uninhabitable due to termination or threat of termination of
service, prior notice is not required. In the latter case, the PHA shall notify
the owner within a reasonable time after making the utility payment; or
For the family’s reasonable moving costs, including security deposit costs.
The PHA will also refer the tenant, as needed, to the local legal aid office in order
to ensure adequate protection of the tenant’s rights and enforcement of the
successor in interest’s performance under the HAP contract.
See Section 12-III.B for a discussion of foreclosure as it pertains to owner termination
of tenancy.
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CHAPTER 14
Program Integrity
Introduction
The PHA is committed to ensuring that subsidy funds made available to the PHA are
spent in accordance with HUD requirements.
This chapter covers HUD and PHA policies designed to prevent, detect, investigate and
resolve instances of program abuse or fraud. It also describes the actions that will be
taken in the case of unintentional errors and omissions.
Part I: Preventing, Detecting, and Investigating Errors and Program Abuse.
This part presents PHA policies related to preventing, detecting, and
investigating errors and program abuse.
Part II: Corrective Measures and Penalties. This part describes the corrective
measures the PHA must and may take when errors or program abuses are
found.
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PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS
AND PROGRAM ABUSE
14-I.A. PREVENTING ERRORS AND PROGRAM ABUSE
HUD created the Enterprise Income Verification (EIV) system to provide PHAs with a
powerful tool for preventing errors and detecting program abuse. PHAs are required to
use the EIV system at annual reexamination in accordance with HUD administrative
guidance [24 CFR §5.233]. PHAs are further required to:
Provide applicants and participants with form HUD-52675, “Debts Owed to PHAs
and Terminations”
Require all adult members of an applicant or participant family to acknowledge
receipt of form HUD-52675 by signing a copy of the form for retention in the
family file
PHA Policy
To ensure that the PHA’s HCV program is administered according to the highest
ethical and legal standards, the PHA will employ a variety of techniques to
ensure that both errors and intentional program abuse are rare.
The PHA will discuss program compliance and integrity issues during the
voucher briefing sessions described in Chapter 5.
The PHA will provide each applicant and participant with the publication of a copy
of “Is Fraud Worth It?” (form HUD-1141-OIG, which explains the types of actions
a family must avoid and the penalties for program abuse.)
The PHA will provide each applicant and participant with a copy of “What You
Should Know about EIV,” a guide to the Enterprise Income Verification (EIV)
system published by HUD as an attachment to PIH Notice 2017-12. In addition,
the PHA will require the head of each household to acknowledge receipt of the
guide by signing a copy for retention in the family file.
The PHA will place a warning statement about the penalties for fraud (as
described in 18 U.S.C. 1001 and 1010) on key PHA forms and form letters that
request information from a family or owner.
PHA staff will be required to review and explain the contents of all HUD- and
PHA- required forms prior to requesting family member signatures.
At every regular reexamination, PHA staff will explain any changes in HUD
regulations or PHA policy that affect program participants.
The PHA will require first-time owners (or their agents) to participate in a briefing
session on HAP contract requirements.
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The PHA will provide owners with ongoing information about the program, with
an emphasis on actions and situations to avoid.
The PHA will provide each PHA employee with the necessary training on
program rules and the organization’s standards of conduct and ethics.
For purposes of this chapter the term error refers to an unintentional error or omission.
Program abuse or fraud refers to a single act or pattern of actions that constitute a false
statement, omission, or concealment of a substantial fact, made with the intent to
deceive or mislead.
14-I.B. DETECTING ERRORS AND PROGRAM ABUSE
In addition to taking steps to prevent errors and program abuse, the PHA will use a
variety of activities to detect errors and program abuse.
Quality Control and Analysis of Data
Under the Section 8 Management Assessment Program (SEMAP), HUD requires the
PHA to review a random sample of tenant records annually to determine if the records
conform to program requirements and to conduct quality control inspections of a sample
of units to ensure NSPIRE compliance [24 CFR, Part §985]. (See Chapter 16 for
additional information about SEMAP requirements).
PHA Policy
In addition to the SEMAP quality control requirements, the PHA will employ a
variety of methods to detect errors and program abuse:
The PHA routinely will use HUD and other non-HUD sources of up-front
income verification. This includes the Work Number and any other private
or public database available to the PHA.
At each annual reexamination, current information provided by the family
will be compared to information provided at the last annual reexamination
to identify inconsistencies and incomplete information.
The PHA will compare family-reported income and expenditures to detect
possible unreported income.
Independent Audits and HUD Monitoring
OMB Circular A-133 requires all PHAs that expend $500,000 or more in federal awards
annually to have an independent audit (IPA). In addition, HUD conducts periodic on-site
and automated monitoring of PHA activities and notifies the PHA of errors and potential
cases of program abuse.
PHA Policy
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The PHA will use the results reported in any IPA or HUD monitoring reports to
identify potential program abuses as well as to assess the effectiveness of the
PHA’s error detection and abuse prevention efforts.
Individual Reporting of Possible Errors and Program Abuse
PHA Policy
The PHA will encourage staff, program participants, and the public to report
possible program abuse.
14-I.C. INVESTIGATING ERRORS AND PROGRAM ABUSE
When the PHA Will Investigate
PHA Policy
The PHA will review all referrals, specific allegations, complaints, and tips from
any source including other agencies, companies, and individuals, to determine if
they warrant investigation. In order for the PHA to investigate, the allegation must
contain at least one independently verifiable item of information, such as the
name of an employer or the name of an unauthorized household member.
The PHA will investigate when inconsistent or contradictory information is
detected through file reviews and the verification process.
Consent to Release of Information [24 CFR §982.516]
The PHA may investigate possible instances of error or abuse using all available PHA
and public records. If necessary, the PHA will require HCV families to sign consent
forms for the release of additional information.
Analysis and Findings
PHA Policy
The PHA will base its evaluation on a preponderance of the evidence collected
during its investigation.
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 that as a whole shows that the fact sought to be proved is more
probable than not. Preponderance of evidence may not be determined by the
number of witnesses, but by the greater weight of all evidence
For each investigation the PHA will determine (1) whether an error or program
abuse has occurred, (2) whether any amount of money is owed the PHA, and (3)
what corrective measures or penalties will be assessed.
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Consideration of Remedies
All errors and instances of program abuse must be corrected prospectively. Whether the
PHA will enforce other corrective actions and penalties depends upon the nature of the
error or program abuse.
PHA Policy
In the case of family-caused errors or program abuse, the PHA will take into
consideration:
(1) The seriousness of the offense and the extent of participation or culpability
of individual family members,
(2) Any special circumstances surrounding the case,
(3) Any mitigating circumstances related to the disability of a family member,
(4) The effects of a particular remedy on family members who were not
involved in the offense.
In the case of owner-caused errors or program abuse, the PHA 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.
Notice and Appeals
PHA Policy
The PHA 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
(1) a description of the error or program abuse,
(2) the basis on which the PHA determined the error or program abuses,
(3) the remedies to be employed, and
(4) the families right to appeal the results through the informal review or
hearing process, if applicable (see Chapter 16).
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PART II: CORRECTIVE MEASURES AND PENALTIES
14-II.A. SUBSIDY UNDER- OR OVERPAYMENTS
A subsidy under- or overpayment includes
(1) an incorrect housing assistance payment to the owner,
(2) an incorrect family share established for the family, and
(3) an incorrect utility reimbursement to a family.
Corrections
Whether the incorrect subsidy determination is an overpayment or underpayment of
subsidy, the PHA must promptly correct the HAP, family share, and any utility
reimbursement prospectively.
PHA Policy
Increases in the family share will be implemented on the first of the month
following a written 30-day notice.
Any decreases in family share will become effective the first of the month
following the discovery of the error.
Reimbursement
Whether the family or owner is required to reimburse the PHA or the PHA is required to
make retroactive subsidy payments to the owner or family depends upon which party is
responsible for the incorrect subsidy payment and whether the action taken was an
error or program abuse.
Policies regarding reimbursement are discussed in the three sections that follow.
14-II.B. FAMILY-CAUSED ERRORS AND PROGRAM ABUSE
Family obligations and general administrative requirements for participating in the
program are discussed throughout this plan. This section deals specifically with errors
and program abuse by family members.
An incorrect subsidy determination caused by a family generally would be the result of
incorrect reporting of family composition, income, assets, or expenses, but also would
include instances in which the family knowingly allows the PHA to use incorrect
information provided by a third party.
Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13]
PHA Policy
In the case of family-caused errors (unintentional error or omission) the family will
be required to repay any excess subsidy received. The PHA may, but is not
14-7
required to, offer the family a repayment agreement in accordance with Chapter
16. If the family fails to repay the excess subsidy, the PHA will terminate the
family’s assistance in accordance with the policies in Chapter 12.
In the case of family program abuse or fraud, see penalties for program abuse
below.
PHA Reimbursement to Family [HCV GB p. 22-12]
PHA Policy
The PHA will not reimburse the family for any underpayment of assistance when
the underpayment clearly is caused by the family.
Prohibited Actions
An applicant or participant in the HCV program must not knowingly:
Make a false statement to the PHA [Title 18 U.S.C. Section 1001].
Commit fraud, bribery, or any other corrupt or criminal act in connection with any
federal housing program [24 CFR 982.552(c)(iv)].
PHA Policy
Any of the following will be considered evidence of family program abuse:
Payment to the owner in excess of amounts authorized by the PHA for
rent, security deposit, and additional services
Offering bribes or illegal gratuities to the PHA Board of Commissioners,
employees, contractors, or other PHA representatives
Offering payments or other incentives to the owner or a third party as an
inducement for the third party to make false or misleading statements to
the PHA 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.
income, family composition)
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 PHA may determine other actions to be program abuse based upon a
preponderance of the evidence, as defined earlier in this chapter.
Penalties for Program Abuse
In the case of program abuse caused by a family the PHA may, at its discretion, impose
any of the following remedies.
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The PHA may require the family to repay excess subsidy amounts paid by the
PHA, as described earlier in this section.
The PHA may require, as a condition of receiving or continuing assistance, that a
culpable family member not reside in the unit. See policies in Chapter 3 (for
applicants) and Chapter 12 (for participants).
The PHA may deny or terminate the family’s assistance following the policies set
forth in Chapter 3 and Chapter 12 respectively.
The PHA may refer the family for state or federal criminal prosecution as
described in Section 14-II.E.
14-II.C. OWNER-CAUSED ERROR OR PROGRAM ABUSE
Owner requirements that are part of the regular process of offering, leasing, and
maintaining a unit (e.g., housing quality standards,compliance, fair housing) are
addressed in the appropriate chapters of this plan. This section focuses on errors and
program abuse by owners.
An incorrect subsidy determination caused by an owner generally would be the result of
an incorrect owner statement about the characteristics of the assisted unit (e.g., the
number of bedrooms, which utilities are paid by the family). It also includes accepting
duplicate housing assistance payments for the same unit in the same month, or after a
family no longer resides in the unit.
Owner Reimbursement to the PHA
In all cases of overpayment of subsidy caused by the owner, the owner must repay to
the PHA any excess subsidy received. The PHA may recover overpaid amounts by
withholding housing assistance payments due for subsequent months, or if the debt is
large, the PHA may allow the owner to pay in installments over a period of time [HCV
GB p. 22-13].
PHA Policy
In cases where the owner has received excess subsidy, the PHA will require the
owner to repay the amount owed in accordance with the policies in Section 16-
IV.B.
Prohibited Owner Actions
An owner participating in the HCV program must not:
Make any false statement to the PHA [Title 18 U.S.C. Section 1001].
Commit fraud, bribery, or any other corrupt or criminal act in connection with any
federal housing program [24 CFR 982.453(a)(3)] including:
PHA Policy
Any of the following will be considered evidence of owner program abuse:
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Charging the family rent above or below the amount specified by the PHA
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 PHA Board of Commissioners,
employees, contractors, or other PHA representatives
Offering payments or other incentives to an HCV family as an inducement
for the family to make false or misleading statements to the PHA
Residing in the unit with an assisted family
Committing sexual or other harassment, either quid pro quo or hostile
environment based on the protected classes defined in Chapter 2
Retaliating against any applicant or participant reporting/alleging sexual or
other harassment, either quid pro quo or hostile environment, based on
the protected classes defined in Chapter 2.
Remedies and Penalties
When the PHA determines that the owner has committed program abuse, the PHA may
take any of the following actions:
Require the owner to repay excess housing assistance payments, as discussed
earlier in this section and in accordance with the policies in Chapter 16.
Terminate the HAP contract (See Chapter 13).
Bar the owner from future participation in any PHA programs.
Refer the case to state or federal officials for criminal prosecution as described in
Section 14-II.E.
14-II.D. PHA-CAUSED ERRORS OR PROGRAM ABUSE
The responsibilities and expectations of PHA staff with respect to normal program
administration are discussed throughout this plan. This section specifically addresses
actions of a PHA staff member that are considered errors or program abuse related to
the HCV program. Additional standards of conduct may be provided in the PHA
personnel policy.
PHA-caused incorrect subsidy determinations include
(1) failing to correctly apply HCV rules regarding family composition, income,
assets, and expenses,
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(2) assigning the incorrect voucher size to a family, and
(3) errors in calculation.
The following policy is effective upon the PHA’s HOTMA compliance date:
De Minimis Errors [24 CFR 5.609(c)(4)]
The PHA will not be considered out of compliance when making annual income
determinations solely due to de minimis errors in calculating family income. A de
minimis error is an error where the PHA determination of family income deviates from
the correct income determination by no more than $30 per month in monthly adjusted
income ($360 in annual adjusted income) per family.
PHAs must take corrective action to credit or repay a family if the family was
overcharged rent, including when PHAs make de minimis errors in the income
determination. Families will not be required to repay the PHA in instances where the
PHA miscalculated income resulting in a family being undercharged for rent. PHAs state
in their policies how they will repay or credit a family the amount they were overcharged
as a result of the PHA’s de minimis error in income determination.
PHA Policy
The PHA will reimburse a family for any family overpayment of rent, regardless of
whether the overpayment was the result of staff-caused error, staff program
abuse, or a de minimis error.
Prohibited Activities
PHA Policy
Any of the following will be considered evidence of program abuse by PHA 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, participant, or owner
Seeking or accepting anything of material value from applicants,
participating families, vendors, owners, contractors, or other persons who
provide services or materials to the PHA
Disclosing confidential or proprietary information to outside parties
Gaining profit as a result of insider knowledge of PHA 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
14-II.E. CRIMINAL PROSECUTION
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PHA Policy
When the PHA determines that program abuse by an owner, family, or PHA staff
member has occurred and the amount of overpaid subsidy meets or exceeds the
threshold for prosecution under local or state law, the PHA will refer the matter to
the appropriate entity for prosecution. When the amount of overpaid assistance
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.
14-II.F. FRAUD AND PROGRAM ABUSE RECOVERIES
The PHA may retain a portion of program fraud losses that the PHA recovers from a
family or owner through litigation, court order, or a repayment agreement [24 CFR
§982.163].
The PHA must be the principal party initiating or sustaining the action to recover
amounts due from tenants that are due as a result of fraud and abuse. 24 CFR
§792.202 permits the PHA to retain the greater of:
50 percent of the amount it actually collects from a judgment, litigation (including
settlement of a lawsuit) or an administrative repayment agreement, or
Reasonable and necessary costs that the PHA incurs related to the collection
including costs of investigation, legal fees, and agency collection fees.
The family must be afforded the opportunity for an informal hearing in accordance with
requirements in 24 CFR §982.555.
If HUD incurs costs on behalf of the PHA related to the collection, these costs must be
deducted from the amount retained by the PHA.
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15-1
Chapter 15
Special Housing Types
[24 CFR 982, Subpart M; NEW HCV GB, Special Housing Types]
Introduction
The PHA may permit a family to use any of the special housing types discussed in this
chapter. However, the PHA is not required to permit families receiving assistance in its
jurisdiction to use these housing types, except that PHAs must permit use of any special
housing type if needed as a reasonable accommodation for a person with a disability,
and the PHA must permit a family to lease a manufactured home and space with
assistance under the program. The PHA also may limit the number of families who
receive HCV assistance in these housing types and cannot require families to use a
particular housing type. No special funding is provided for special housing types. Unless
specifically modified by the regulations, housing quality standards apply to special
housing types (Single Room Occupancy, Congregate Housing, Group Homes, Shared
Housing, Manufactured Homes, Homeownership units) [Notice PIH 2023-28].
PHA Policy
Families will not be permitted to use any special housing types, unless use is
needed as a reasonable accommodation so that the program is readily
accessible to a person with disabilities The PHA must permit a family to lease a
manufactured home and space with assistance under the program.
Policy language is included in this chapter where relevant in the event the PHA
does grant use as a reasonable accommodation or when a family leases a
manufactured home and space..
Special housing types include single room occupancy (SRO), congregate housing,
group homes, shared housing, cooperative housing, manufactured homes where the
family owns the home and leases the space, and homeownership [24 CFR §982.601].
A single unit cannot be designated as more than one type of special housing. The PHA
cannot give preference to households that wish to live in any of these types of housing
and cannot require households to select any of these types of housing [NEW HCV GB,
Special Housing Types, p. 3].
This chapter consists of the following seven parts. Each part contains a description of
the housing type and any special requirements associated with it. Except as modified by
this chapter, the general requirements of the HCV program apply to special housing
types.
Part I: Single Room Occupancy
Part II: Congregate Housing
Part III: Group Homes
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Part IV: Shared Housing
Part V: Cooperative Housing
Part VI: Manufactured Homes (including manufactured home space rental)
Part VII: Homeownership
15-3
PART I. SINGLE ROOM OCCUPANCY
[24 CFR §982.602 through §982.605; Form HUD-52641, NEW HCV GB, Special
Housing Types, p. 4]
15-I.A. OVERVIEW
A single room occupancy (SRO) unit provides living and sleeping space for the
exclusive use of the occupant but requires the occupant to share sanitary and/or food
preparation facilities with others. More than one person may not occupy an SRO unit.
HCV regulations do not limit the number of units in an SRO facility, but the size of a
facility may be limited by local ordinances.
When providing HCV assistance in an SRO unit, a separate lease and HAP contract are
executed for each assisted person. The standard form of the HAP contract is used
(Form HUD-52641) with the special housing type specified in Part A of the HAP
contract, as follows: “This HAP contract is used for the following special housing type
under HUD regulations for the Section 8 voucher program: Single room occupancy
(SRO) housing.”
15-I.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION
The payment standard for SRO housing is 75 percent of the zero-bedroom payment
standard amount on the PHA’s payment standard schedule.
The utility allowance for an assisted person residing in SRO housing is 75 percent of the
zero-bedroom utility allowance.
The HAP for an assisted occupant in an SRO facility is the lower of the SRO payment
standard amount minus the TTP or the gross rent for the unit minus the TTP.
15-I.C. SRO: HOUSING QUALITY STANDARDS [24 CFR 982.605(A)]
Housing quality standards requirements described in the applicable portions of Chapter
8 apply to SRO housing except that sanitary facilities, and space and security
characteristics must meet local code standards for SRO housing. In the absence of
applicable local code standards for SRO housing, the following standards apply:
Access: Access doors to the SRO unit must have working locks for privacy. The
occupant must be able to access the unit without going through any other unit.
Each unit must have immediate access to two or more approved means of exit
from the building, appropriately marked and leading to safe and open space at
ground level. The SRO unit must also have any other means of exit required by
State or local law.
Fire Safety: All SRO facilities must have a sprinkler system that protects major
spaces. “Major spaces” are defined as hallways, common areas, and any other
areas specified in local fire, building, or safety codes. SROs must also have hard-
wired smoke detectors, and any other fire and safety equipment required by state
15-4
or local law.
Sanitary facilities and space and security standards must meet local code
requirements for SRO housing. In the absence of local code standards, the
requirements discussed below apply [24 CFR 982.605].
15-5
Sanitary Facilities: At least one flush toilet that can be used in privacy, a lavatory
basin, and a bathtub or shower in proper operating condition must be provided
for each six persons (or fewer) residing in the SRO facility. If the SRO units are
leased only to males, flush urinals may be substituted for up to one-half of the
required number of toilets. Sanitary facilities must be reasonably accessible from
a common hall or passageway to all persons sharing them and may not be
located more than one floor above or below the SRO unit. They may not be
located below grade unless the SRO units are located on that level.
Space and Security: An SRO unit must contain at least 110 square feet of floor
space, and at least four-square feet of closet space with an unobstructed height
of at least five feet, for use by the occupant. If the closet space is less than four
square feet, the habitable floor space in the SRO unit must be increased by the
amount of the deficiency. Exterior doors and windows accessible from outside
the SRO unit must be lockable.
For SRO housing, 24 CFR 5.703(d) only applies to the extent that the SRO unit
contains the room or facility referenced in 24 CFR 5.703(d). Because no children live in
SRO housing, the housing quality standards applicable to lead-based paint do not
apply.
15-6
PART II. CONGREGATE HOUSING
[24 CFR §982.606 through §982.609; Form HUD-52641, NEW HCV GB, Special
Housing Types, p. 6]
15-II.A. OVERVIEW
Congregate housing is intended for use by elderly persons or persons with disabilities.
A congregate housing facility contains a shared central kitchen and dining area and a
private living area for the individual household that includes at least a living room,
bedroom and bathroom. Food service for residents must be provided.
If approved by the PHA, a family member or live-in aide may reside with the elderly
person or person with disabilities. The PHA must approve a live-in aide if needed as a
reasonable accommodation so that the program is readily accessible to and usable by
persons with disabilities.
When providing HCV assistance in congregate housing, a separate lease and HAP
contract are executed for each assisted family. The standard form of the HAP contract
is used (form HUD-52641) with the special housing type specified in Part A of the HAP
contract, as follows: “This HAP contract is used for the following special housing type
under HUD regulations for the Section 8 voucher program: Congregate housing.”
15-II.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION
The payment standard for an individual unit in a congregate housing facility is based on
the number of rooms in the private living area for the assisted family. If there is only one
room in the unit (not including the bathroom or the kitchen, if a kitchen is provided), the
PHA must use the payment standard for a zero-bedroom unit. If the unit has two or
more rooms (other than the bathroom and the kitchen), the PHA must use the one-
bedroom payment standard.
The HAP for an assisted occupant in a congregate housing facility is the lower of the
applicable payment standard minus the TTP or the gross rent for the unit minus the
TTP.
The gross rent for the unit for the purpose of calculating HCV assistance is the shelter
portion (including utilities) of the resident’s monthly housing expense only. The
residents’ costs for food service should not be included in the rent for a congregate
housing unit.
15-II.C. CONGREATE: HOUSING QUALITY STANDARDS
Housing quality standardsrequirements as described in Chapter 8 apply to congregate
housing except for the requirements stated below:
Congregate housing is not subject to the requirement that the dwelling unit must
have a kitchen area
Congregate housing must have
15-7
(1) a refrigerator of appropriate size in the private living area of each resident;
(2) a central kitchen and dining facilities located within the premises and
accessible to the residents, and
(3) food service for the residents, that is not provided by the residents
themselves.
The congregate housing must contain adequate facilities and services for the sanitary
disposal of food waste and refuse, including facilities for temporary storage where
necessary.
The housing quality standards applicable to lead-based paint do not apply unless a child
under the age of six is expected to reside in the unit.
PART III. GROUP HOME
[24 CFR §982.610 through §982.614; Form HUD-52641; NEW HCV GB, Special
Housing
Types, p. 8]
15-III.A. OVERVIEW
A group home is a state-approved (licensed, certified, or otherwise approved in writing
by the state) facility intended for occupancy by elderly persons and/or persons with
disabilities. Except for live-in aides, all persons living in a group home, whether assisted
or not, must be elderly persons or persons with disabilities. Persons living in a group
home must not require continuous medical or nursing care.
A group home consists of bedrooms for residents, which can be shared by no more
than two people, and a living room, kitchen, dining area, bathroom, and other
appropriate social, recreational, or community space that may be shared with other
residents.
No more than 12 persons may reside in a group home including assisted and
unassisted residents and any live-in aides.
If approved by the PHA, a live-in aide may live in the group home with a person with
disabilities. The PHA must approve a live-in aide if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons with
disabilities.
When providing HCV assistance in a group home, a separate lease and HAP contract is
executed for each assisted family. The standard form of the HAP contract is used (Form
HUD-52641) with the special housing type specified in Part A of the HAP contract, as
follows: “This HAP contract is used for the following special housing type under HUD
regulations for the Section 8 voucher program: Group home.”
15-III.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION
15-8
Unless there is a live-in aide, the family unit size (voucher size) for an assisted occupant
of a group home must be zero- or one-bedroom. If there is a live-in aide, the aide must
be counted in determining the household’s unit size.
The payment standard used to calculate the HAP is the lower of the payment standard
for the family unit size or the pro rata share of the payment standard for the group home
size. The pro rata share is calculated by dividing the number of persons in the assisted
household by the number of persons (assisted and unassisted) living in the group
home.
The number of persons in the assisted household equals one assisted person plus any
PHA-approved live-in aide
The HAP for an assisted occupant in a group home is the lower of the payment
standard minus the TTP or the gross rent minus the TTP.
The utility allowance for an assisted occupant in a group home is the pro rata share of
the family unit size to the utility allowance for the group home.
The rents paid for participants residing in group homes are subject to generally
applicable standards for rent reasonableness. The rent for an assisted person must not
exceed the pro rata portion of the reasonable rent for the group home. In determining
reasonable rent, the PHA must consider whether sanitary facilities and facilities for food
preparation and service are common facilities or private facilities.
15-III.C. GROUP HOME: HOUSING QUALITY STANDARDS
The entire unit must comply with housing quality standards requirements described in
Chapter 8 except for the requirements stated below.
Sanitary Facilities: A group home must have at least one bathroom in the facility,
with a flush toilet that can be used in privacy, a fixed basin with hot and cold
running water, and a shower or bathtub with hot and cold running water. A group
home may contain private or common bathrooms. However, no more than four
residents can be required to share a bathroom.
Food Preparation and Service: Group home units must contain a kitchen and
dining area with adequate space to store, prepare, and serve food. The facilities
for food preparation and service may be private or may be shared by the
residents. The kitchen must contain a range, an oven, a refrigerator, and a sink
with hot and cold running water. The sink must drain into an approvable public or
private disposal system.
Space and Security: Group homes must contain at least one bedroom of
appropriate size for every two people, and a living room, kitchen, dining area,
bathroom, and other appropriate social, recreational, or community space that
may be shared with other residents. Doors and windows accessible from outside
the unit must be lockable.
15-9
Structure and Material: To avoid any threat to the health and safety of the
residents, group homes must be structurally sound. Elevators must be in good
condition. Group homes must be accessible to and usable by residents with
disabilities.
Site and Neighborhood: Group homes must be located in a residential setting.
The site and neighborhood should be reasonably free from disturbing noises and
reverberations, and other hazards to the health, safety, and general welfare of
the residents, and should not be subject to serious adverse conditions, such as:
-
Dangerous walks or steps
-
Instability
-
Flooding, poor drainage
-
Septic tank back-ups
-
Sewage hazards
-
Mud slides
-
Abnormal air pollution
-
Smoke or dust
-
Excessive noise
-
Vibrations or vehicular traffic
-
Excessive accumulations of trash
-
Excessive accumulations of trash
-
Fire hazards.
The housing quality standards applicable to lead-based paint do not apply unless a child
under age six (6) is expected to reside in the unit.
PART IV: SHARED HOUSING
[24 CFR §982.615 through §982.618; Form HUD-52641; Notice PIH 2021-05; NEW
HCV GB, Special Housing Types, p. 11]
15-IV.A. OVERVIEW
Families in markets with tight rental conditions or with a prevalence of single-family
housing may determine a shared housing living arrangement to be a useful way to
secure affordable housing. PHAs offering shared housing as a housing solution may
also experience some reduction in the average per-unit-cost (PUC) paid on behalf of
assisted families.
Shared housing is a single housing unit occupied by an assisted family and another
resident or residents. The unit may be a house or an apartment. The shared unit
15-10
consists of both common space for use by the occupants of the unit and separate
private space for each assisted family.
An assisted family may share a unit with other persons assisted under the HCV
program or with other unassisted persons.
Shared housing may be offered in a number of ways, including for-profit co-living (such
as a boarding house, single bedroom with common living room/kitchen/dining room) run
by a private company [Notice PIH 2021-05].
The owner of a shared housing unit may reside in the unit, but housing assistance may
not be paid on behalf of the owner. The resident owner may not be related by blood or
marriage to the assisted family.
If approved by the PHA, a live-in aide may reside with the family to care for a person
with disabilities. The PHA must approve a live-in aide if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons with
disabilities.
When shared housing is offered as a housing option, HUD encourages PHAs to
consider ways in which the families may be assisted in finding shared housing, including
for-profit shared housing matching (such as roommates or single-family homes) and
online sites that charge a fee for their matching services, or nonprofit shared housing
matching services. HUD further encourages PHAs to include information about this
housing possibility in the family’s voucher briefing.
PHA Policy
The PHA will provide information to families regarding the shared housing option,
including a listing to families of any known for-profit or nonprofit shared housing
matching services in the community at briefing, and upon request. Families will
be advised they can conduct their own internet search. Families will be cautioned
to not enter into any rental agreement or pay any deposit or rental payment until
the tenancy is approved by the PHA.
PHAs should be aware of potential local legal barriers to HCV participants using shared
housing, which can create additional obstacles for shared housing:
Municipalities may have occupancy limits for the number of unrelated persons who
may share a housing unit.
Local zoning codes for single family housing may restrict occupancy in certain areas
to households whose family members are related by blood.
PHAs should work with local jurisdictions to find solutions that encourage affordable
housing and are consistent with the Fair Housing Act, Title VI, and other federal, state,
and local fair housing laws. PHAs should inform HUD if they encounter barriers to
shared housing that may conflict with fair housing laws.
PHA Policy
15-11
The PHA will work with local jurisdictions as necessary to identify solutions
consistent with fair housing laws and will inform HUD if the PHA encounters
barriers to shared housing that conflict with fair housing laws.
When providing HCV assistance in shared housing, a separate lease and HAP contract
are executed for each assisted family. The standard form of the HAP contract is used
(form HUD-52641) with the special housing type specified in Part A of the HAP contract,
as follows: “This HAP contract is used for the following special housing type under HUD
regulations for the Section 8 voucher program: Shared housing.”
15-12
15-IV.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION
The payment standard for a family in shared housing is the lower of the payment
standard for the family unit size (voucher size) or the pro rata share of the payment
standard for the shared housing unit size.
The pro rata share is calculated by dividing the number of bedrooms available for
occupancy by the assisted family in the private, non-shared space by the total number
of bedrooms in the unit.
Example: Family holds a two-bedroom voucher.
Shared housing unit size: bedrooms available to assisted family = 2
Total bedrooms in the unit: 3
2 Bedrooms for assisted family
÷ 3 Bedrooms in the unit.
.667 pro rata share
2 BR payment standard: $1200
3 BR payment standard: $1695 $1695 x .667 (pro rata share) = $1131
$1131 is lower than the $1200 payment standard for the 2 BR family unit
size $1131 is the payment standard used to calculate the HAP
The HAP for a family in shared housing is the lower of the payment standard minus the
TTP or the gross rent minus the TTP.
The utility allowance for an assisted family living in shared housing is the pro rata share
of the utility allowance for the shared housing unit.
Example: A family holds a 2-bedroom voucher. The family decides to occupy 3 out of 4
bedrooms available in the unit.
The utility allowance for a 4-bedroom unit equals $200
The utility allowance for a 2-bedroom unit equals $100
The pro rata share of the utility allowance is $150 (3/4 of $200)
The PHA will use the 2-bedroom utility allowance of $100.
The rents paid for families living in shared housing are subject to generally applicable
standards for rent reasonableness. The rent paid to the owner for the assisted family
must not exceed the pro rata portion of the reasonable rent for the shared unit. In
determining reasonable rent, the PHA may consider whether sanitary and food
preparation areas are private or shared.
15-13
15-IV.C. SHARED HOUSING: HOUSING QUALITY STANDARDS
The PHA may not give approval to reside in shared housing unless the entire unit,
including the portion of the unit available for use by the assisted family under its lease,
meets the housing quality standards.
Housing quality standards requirements described in Chapter 8 apply to shared housing
except for the requirements stated as follows.
Facilities Available for the Family: Facilities available to the assisted family,
whether shared or private, must include a living room, a bathroom, and food
preparation and refuse disposal facilities.
Space and Security: The entire unit must provide adequate space and security
for all assisted and unassisted residents. The private space for each assisted
family must contain at least one bedroom for each two persons in the family. The
number of bedrooms in the private space of an assisted family must not be less
than the family unit size (voucher size). A zero-bedroom or one (1)-bedroom unit
may not be used for shared housing.
PART V. COOPERATIVE HOUSING
[24 CFR §982.619; NEW HCV GB, Special Housing Types, p. 14]
15-V.A. OVERVIEW
This part applies to rental assistance for a cooperative member residing in cooperative
housing. It does not apply to assistance for a cooperative member who has purchased
membership under the HCV homeownership option, or to rental assistance for a family
that leases a cooperative housing unit from a cooperative member.
A cooperative is a form of ownership (nonprofit corporation or association) in which the
residents purchase memberships in the ownership entity. Rather than being charged
“rent” a cooperative member is charged a “carrying charge.” The monthly carrying
charge includes the member’s share of the cooperative debt service, operating
expenses, and necessary payments to cooperative reserve funds. It does not include
down payments or other payments to purchase the cooperative unit or to amortize a
loan made to the family for this purpose.
The occupancy agreement or lease and other appropriate documents must provide that
the monthly carrying charge is subject to Section 8 limitations on rent to owner, and the
rent must be reasonable as compared to comparable unassisted units.
When providing HCV assistance in cooperative housing, the standard form of the HAP
contract is used with the special housing type specified in Part A of the HAP contract, as
follows: “This HAP contract is used for the following special housing type under HUD
regulations for the Section 8 voucher program: Cooperative housing.”
15-14
15-V.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION
The payment standard and utility allowance are determined according to regular HCV
program requirements.
The HAP for a cooperative housing unit is the lower of the payment standard minus the
TTP or the gross rent (monthly carrying charge for the unit, plus any utility allowance)
minus the TTP. The monthly carrying charge includes the member’s share of the
cooperative debt service, operating expenses, and necessary payments to cooperative
reserve funds. The carrying charge does not include down payments or other payments
to purchase the cooperative unit or to amortize a loan made to the family for this
purpose.
15-V.C. COOPERATIVE: HOUSING QUALITY STANDARDS
All housing quality standard requirements apply to cooperative housing units. There are
no additional requirements.
The PHA remedies described in 24 CFR §982.404 do not apply. Rather, if the unit and
premises are not maintained in accordance with housing quality standards, the PHA
may exercise all available remedies regardless of whether the family or cooperative is
responsible for the breach of housing quality standards.
No housing assistance payment can be made unless unit meets housing quality
standards and the defect is corrected within the period as specified by the PHA and the
PHA verifies correction (see Chapter 8).
In addition to regular deficiencies, breaches of housing quality standardsby the family
include failure to perform any maintenance for which the family is responsible in
accordance with the terms of the cooperative occupancy agreement [HCV GB].
PART VI. MANUFACTURED HOMES
[24 CFR §982.620 through §982.624; FR Notice 1/18/17; NEW HCV GB, Special
Housing Types, p. 15]
15-VI.A. OVERVIEW
A manufactured home is a manufactured structure, transportable in one or more parts,
that is built on a permanent chassis, and designed for use as a principal place of
residence. HCV-assisted families may occupy manufactured homes in three different
ways:
(1)
A family may choose to rent a manufactured home already installed on a space
and the PHA must permit it. In this instance program rules are the same as
when a family rents any other residential housing, except that there are special
housing quality requirements as provided in Section 15-VI.D below.
15-15
(2)
A family can purchase a manufactured home under the Housing Choice
Voucher Homeownership program.
(3)
HUD also permits an otherwise eligible family that owns a manufactured home
to rent a space for the manufactured home and receive HCV assistance with
the rent for the space as well as certain other housing expenses. PHAs may,
but are not required to, provide assistance for such families.
15-VI.B. SPECIAL REQUIREMENTS FOR MANUFACTURED HOME OWNERS WHO LEASE
A SPACE
Family Income
In determining the annual income of families leasing manufactured home spaces, the
value of the family’s equity in the manufactured home in which the family resides is not
counted as a family asset.
Lease and HAP Contract
There is a designated HAP Contract (Form HUD-52642) and designated Tenancy
Addendum (Form HUD 52642-A) for this special housing type.
15-VI.C. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION
Payment Standards
The PHA payment standard for manufactured homes is determined in accordance with 24 CFR
982.505 and is the payment standard used for the PHA’s HCV program. It is based on the
applicable FMR for the area in which the manufactured home space is located.
The payment standard for the family is the lower of the family unit size (voucher size) or the
payment standard for the number of bedrooms in the manufactured home.
Utility Allowance [24 CFR 982.624]
The PHA must establish utility allowances for manufactured home space rental. For the
first 12 months of the initial lease term only, the allowance must include a reasonable
amount for a utility hook-up charge if the family actually incurred a hook-up charge
because of a move. This allowance will not be given to a family that leases in place.
Utility allowances for manufactured home space must not include the costs of digging a
well or installing a septic system.
Space Rent [24 CFR 982.622]
Rent to owner for rental of a manufactured home space includes payment for
maintenance and services that the owner must provide to the tenant under the lease for
the space. Rent to owner does not include the costs of utilities and trash collection for
the manufactured home. However, the owner may charge the family a separate fee for
the cost of utilities or trash collection provided by the owner.
15-16
Amortization Costs
The monthly payment made by the family to amortize the cost of purchasing the
manufactured home is the debt service established at the time of application to a lender
for financing the purchase of the manufactured home if monthly payments are still being
made. Any increase in debt service due to refinancing after purchase of the home may
not be included in the amortization cost. Debt service for set-up charges incurred by a
family may be included in the monthly amortization payments made by the family. In
addition, set-up charges incurred before the family became an assisted family may be
included in the amortization cost if monthly payments are still being made to amortize
the charges.
Housing Assistance Payment [24 CFR 982.623(a)]
The HAP for a manufactured home space under the housing choice voucher program is
the lower of the payment standard minus the TTP or the family’s eligible housing
expenses minus the TTP.
Eligible Housing Expenses [24 CFR 982.623(b)]
The family’s eligible housing expenses are the total of:
The rent charged by the owner for the manufactured home space.
Charges for the maintenance and management the space owner must provide under
the lease.
The monthly payments made by the family to amortize the cost of purchasing the
manufactured home established at the time of application to a lender for financing
the purchase of the manufactured home if monthly payments are still being made,
including any required insurance and property taxes included in the loan payment to
the lender.
-
Any increase in debt service or term due to refinancing after purchase of the
home may not be included in the amortization cost.
-
Debt service for installation charges incurred by a family may be included in the
monthly amortization payments. Installation charges incurred before the family
became an assisted family may be included in the amortization cost if monthly
payments are still being made to amortize the charges.
The applicable allowances for tenant-paid utilities, as determined under 24 CFR
982.517 and 982.624.
Rent Reasonableness [24 CFR 982.622(b)]
During the assisted tenancy, the rent to owner for the manufactured home space may not
exceed a reasonable rent. Initially, and at least annually thereafter, the PHA must determine
that the rent for the manufactured home space is reasonable based on rents for comparable
manufactured home spaces. The PHA must consider the location and size of the space, and
any services and maintenance to be provided by the owner in accordance with the lease
(without a fee in addition to rent). By accepting the monthly housing assistance payment, the
owner of the manufactured home space certifies that the rent does not exceed rents charged by
15-17
the owner for comparable unassisted spaces in the same manufactured home park or
elsewhere.
If requested by the PHA, the owner must give the PHA information on rents charged by the
owner for other manufactured home spaces.
Distribution of HAP [24 CFR 982.623(c)]
The PHA pays the owner of the space the lesser of the housing assistance payment or
the portion of the monthly rent due to the owner. The portion of the monthly rent due to
the owner is the total of:
The actual rent charged by the owner for the manufactured home space; and
Charges for the maintenance and management the space owner must provide under
the lease.
If the housing assistance payment exceeds the portion of the monthly rent due to the
owner, the PHA may pay the balance of the housing assistance payment to the family.
Alternatively, the PHA may pay the balance to the lender or utility company, in an
amount no greater than the amount due for the month to each, respectively, subject to
the lender’s or utility company’s willingness to accept the PHA’s payment on behalf of
the family.
PHA Policy
If the housing assistance payment exceeds the portion of the monthly rent due to
the owner, the PHA will pay the balance to the family.
Single HAP to Family [24 CFR 982.623.(d)]
If the owner of the manufactured home space agrees, the PHA may make the entire
housing assistance payment to the family, and the family is responsible for paying the
owner directly for the full amount of rent of the manufactured home space due to the
owner, including owner maintenance and management charges.
PHA Policy
The PHA will not exercise the option to pay a single HAP and will pay HAP
directly to the owner.
15-VI.D. MANUFCATURED HOMES: HOUSING QUALITY STANDARDS [24 CFR 982.621]
Under either type of occupancy described in 15-VI.A above, the manufactured home
must meet all housing quality standards performance requirements and acceptability
criteria discussed in Chapter 8 of this plan. In addition, the following requirements apply:
Performance Requirement:A manufactured home must be placed on the site in a stable
manner and must be free from hazards such as sliding or wind damage.
15-18
Acceptability Criteria: The home must be securely anchored by a tie-down device that
distributes and transfers the loads imposed by the unit to appropriate ground anchors to
resist overturning and sliding.
15-19
PART VII. HOMEOWNERSHIP
[24 CFR §982.625 through §982.643]
15-VII.A. OVERVIEW [24 CFR §982.625]
The homeownership option is used to assist a family residing in a home purchased and
owned by one or more members of the family. A family assisted under this option may
be newly admitted or an existing participant in the HCV program. The PHA must have
the capacity to operate a successful HCV homeownership program as defined by the
regulations.
PHA Policy
The PHA has instituted a minimum homeowner down payment requirement of at
least three percent of the purchase price and requires that at least one percent of
the purchase price come from the family's personal resources.
There are two forms of homeownership assistance described in the regulations: monthly
homeownership assistance payments and single down payment assistance grants.
However, PHAs may not offer down payment assistance until and unless funding is
allocated by Congress. Since this has not yet happened, only monthly homeownership
assistance may be offered.
PHA Policy
The PHA will offer the monthly homeownership assistance payments to qualified
families.
The PHA may choose not to offer homeownership assistance. However, the PHA must
offer homeownership assistance if needed as a reasonable accommodation so that the
program is readily accessible to and usable by persons with disabilities. It is the sole
responsibility of the PHA to determine whether it is reasonable to implement a
homeownership program as a reasonable accommodation. The PHA must determine
what is reasonable based on the specific circumstances and individual needs of the
person with a disability. The PHA may determine that it is not reasonable to offer
homeownership assistance as a reasonable accommodation in cases where the PHA
has otherwise opted not to implement a homeownership program.
The PHA must approve a live-in aide if needed as a reasonable accommodation so that
the program is readily accessible to and usable by persons with disabilities.
15-VII.B. FAMILY ELIGIBILITY [24 CFR §982.627]
If the PHA offers the homeownership option, participation by the family is optional.
However, the family must meet all of the requirements listed below before the
commencement of homeownership assistance. The PHA may also establish additional
initial requirements as long as they are described in the PHA administrative plan.
The family must have been admitted to the Housing Choice Voucher program.
The family must qualify as a first-time homeowner or may be a cooperative
member.
15-20
The family must meet the Federal minimum income requirement.
-
The family must have a gross annual income equal to the Federal
minimum wage multiplied by 2000, based on the income of adult family
members who will own the home.
-
The PHA may establish a higher income standard for families. However, a
family that meets the federal minimum income requirement (but not the
PHA's requirement) will be considered to meet the minimum income
requirement if it can demonstrate that it has been pre-qualified or pre-
approved for financing that is sufficient to purchase an eligible unit.
PHA Policy
The PHA will not establish a higher minimum income standard for disabled
and/or non-disabled families.
For disabled families, the minimum income requirement is equal to the current
SSI monthly payment for an individual living alone, multiplied by 12.
For elderly or disabled families, welfare assistance payments for adult family
members who will own the home will be included in determining whether the
family meets the minimum income requirement. It will not be included for other
families.
The family must satisfy the employment requirements by demonstrating that one
or more adult members of the family who will own the home at commencement of
homeownership assistance is currently employed on a full-time basis (the term
'full-time employment' means not less than an average of 30 hours per week);
and has been continuously so employed during the year before commencement
of homeownership assistance for the family.
PHA Policy
Families will be considered “continuously employed” if the break in
employment does not exceed four months.
The PHA will count self-employment in a business when determining
whether the family meets the employment requirement.
The employment requirement does not apply to elderly and disabled families. In
addition, if a family, other than an elderly or disabled family includes a person
with disabilities, the PHA must grant an exemption from the employment
requirement if the PHA determines that it is needed as a reasonable
accommodation.
The family has not defaulted on a mortgage securing debt to purchase a home
under the homeownership option
Except for cooperative members who have acquired cooperative membership
shares prior to commencement of homeownership assistance, no family member
has a present ownership interest in a residence at the commencement of
homeownership assistance for the purchase of any home.
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Except for cooperative members who have acquired cooperative membership
shares prior to the commencement of homeownership assistance, the family has
entered a contract of sale in accordance with 24 CFR §982.631(c).
PHA Policy
The PHA will impose additional eligibility requirements. To be eligible to
participate in the homeownership option, families must meet the following criteria:
The family has had no family-caused violations of HUD’s Housing Quality
standards within the past year.
The family is not within the initial one-year period of a HAP Contract.
The family owes no money to the PHA
The family has not committed any serious or repeated violations of a PHA-
assisted lease within the past year.
15-VII.C. SELECTION OF FAMILIES [24 CFR §982.626]
Unless otherwise provided (under the homeownership option), the PHA may limit
homeownership assistance to families or purposes defined by the PHA and may
prescribe additional requirements for commencement of homeownership assistance for
a family. Any such limits or additional requirements must be described in the PHA
administrative plan.
If the PHA limits the number of families that may participate in the homeownership
option, the PHA must establish a system by which to select families to participate.
PHA Policy
The PHA will administer up to five new homeownership units per year. The PHA
may exceed the number of units planned per year if it is necessary as a
reasonable accommodation for a person with a disability. If this occurs, the PHA
may reduce the number of homeownership units offered in subsequent years.
Families who have been participating in an economic self-sufficiency program for
at least six months, or have graduated from such a program, will be given
preference over other families. Elderly and disabled families will automatically be
given this preference.
Within preference and non-preference categories, families will be selected
according to the date and time their application for participation in the
homeownership option is submitted to the PHA.
All families must meet eligibility requirements as defined in Section 15-VII.B. of
this plan.
15-VII.D. ELIGIBLE UNITS [24 CFR §982.628]
In order for a unit to be eligible, the PHA must determine that the unit satisfies all of the
following requirements:
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The unit must meet HUD’s “eligible housing” requirements. The unit may not be
any of the following:
-
A public housing or Indian housing unit;
-
A unit receiving Section 8 project-based assistance;
-
A nursing home, board and care home, or facility providing continual
psychiatric, medical or nursing services;
-
A college or other school dormitory;
-
On the grounds of penal, reformatory, medical, mental, or similar public or
private institutions.
The unit must have been inspected by the PHA and by an independent inspector
designated by the family.
The unit must be a one-unit property or a single dwelling unit in a cooperative or
condominium.
The unit must meet Housing Quality Standards (see Chapter 8).
For a unit where the family will not own fee title to the real property (such as a
manufactured home), the home must have a permanent foundation and the
family must have the right to occupy the site for at least 40 years.
Families may enter into contracts of sale for units not yet under construction. However,
the PHA will not commence homeownership assistance for the family for that unit until:
1. Either the responsible entity completes the environmental review as required by
24 CFR part 58 and HUD approved the environmental certification and request
for release of funds prior to commencement of construction or HUD performed an
environmental review under 24 CFR part 50 and notified the PHA in writing of
environmental approval of the site prior to construction commencement; and
2. Construction of the unit has been completed and the unit has passed the
required inspection and independent inspection as addressed elsewhere in this
chapter.
For PHA-owned units (as defined in 24 CFR 982.4), all of the following conditions
must be satisfied:
-
The PHA informs the family, both orally and in writing, that the family has
the right to purchase any eligible unit and a PHA-owned unit is freely
selected by the family without PHA pressure or steering;
-
The unit is not ineligible housing;
-
The PHA obtains the services of an independent entity (as defined in 24
CFR 982.4) to inspect the unit, review the independent inspection report,
review the contract of sale, determine the reasonableness of the sales
price and any PHA provided financing. All of these actions must be
completed in accordance with program requirements.
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The PHA must not approve the unit if the PHA has been informed that the seller is
debarred, suspended, or subject to a limited denial of participation.
15-VII.E. ADDITIONAL PHA REQUIREMENTS FOR SEARCH AND PURCHASE [24 CFR §
982.629]
It is the family’s responsibility to find a home that meets the criteria for voucher
homeownership assistance. The PHA may establish the maximum time that will be
allowed for a family to locate and purchase a home and may require the family to report
on their progress in finding and purchasing a home. If the family is unable to purchase a
home within the maximum time established by the PHA, the PHA may issue the family a
voucher to lease a unit or place the family’s name on the waiting list for a voucher.
PHA Policy
The family will be allowed 120 days to identify a unit and submit a sales contract
to the PHA for review. The family will be allowed an additional 120 days to close
on the home. PHAs may grant extensions to either of these periods for good
cause. The length of the extension(s) will be determined on a case-by-case, but
in no case will an extension exceed a total of 125 days. The maximum amount of
time a family will be given to locate and complete the purchase of a home under
the homeownership option is 365 days.
During these periods, the family will continue to receive HCV rental assistance in
accordance with any active lease and HAP contract until the family vacates the
rental unit for its purchased home.
All requests for extensions must be submitted in writing to the PHA prior to the
expiration of the period for which the extension is being requested. The PHA will
approve or disapprove the extension request within 10 business days. The family
will be notified of the PHA’s decision in writing.
The family will be required to report their progress on locating and purchasing a
home to the PHA every 30 days until the home is purchased.
If the family cannot complete the purchase of a unit within the maximum required
time frame, and is not receiving rental assistance under a HAP contract at the
time the search and purchase time period expires, the family will be issued a
voucher to lease a unit.
15-VII.F. HOMEOWNERSHIP COUNSELING [24 CFR §982.630]
Before commencement of homeownership assistance for a family, the family must
attend and satisfactorily complete the pre-assistance homeownership and housing
counseling program required by the PHA. HUD suggests the following topics for the
PHA-required pre-assistance counseling:
Home maintenance (including care of the grounds);
Budgeting and money management;
Credit counseling;
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How to negotiate the purchase price of a home;
How to obtain homeownership financing and loan pre-approvals, including a
description of types of financing that may be available, and the pros and cons of
different types of financing;
How to find a home, including information about homeownership opportunities,
schools, and transportation in the PHA jurisdiction;
Advantages of purchasing a home in an area that does not have a high
concentration of low-income families and how to locate homes in such areas;
Information on fair housing, including fair housing lending and local fair housing
enforcement agencies; and
Information about the Real Estate Settlement Procedures Act (12 U.S.C. 2601 et
seq.) (RESPA), state and Federal truth-in-lending laws, and how to identify and
avoid loans with oppressive terms and conditions.
The PHA may adapt the subjects covered in pre-assistance counseling (as listed) to
local circumstances and the needs of individual families.
The PHA may also offer additional counseling after commencement of homeownership
assistance (ongoing counseling). If the PHA offers a program of ongoing counseling for
participants in the homeownership option, the PHA shall have discretion to determine
whether the family is required to participate in the ongoing counseling.
Any homeownership counseling provided to families in connection with this
section must be conducted by a HUD certified housing counselor working for an
agency approved to participate in HUD’s Housing Counseling Program.PHA
Policy
Families will not be required to participate in ongoing counseling after
commencement of homeownership assistance.
15-VII.G. HOME INSPECTIONS, CONTRACT OF SALE, AND PHA DISAPPROVAL OF
SELLER [24 CFR §982.631]
Home Inspections
The PHA may not commence monthly homeownership assistance payments for a family
until the PHA has inspected the unit and has determined that the unit meets housing
quality standards.
PHA Policy
When the family locates a home they wish to purchase and submits a copy of
their purchase offer/contract, the PHA will conduct an inspection within 10
business days. Any items found not to meet housing quality standards must be
repaired before the unit can be determined eligible for the homeownership
program.
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An independent professional inspector selected by and paid for by the family must also
inspect the unit. The independent inspection must cover major building systems and
components, including foundation and structure, housing interior and exterior, and the
roofing, plumbing, electrical, and heating systems. The independent inspector must be
qualified to report on property conditions, including major building systems and
components.
The PHA may not require the family to use an independent inspector selected by the
PHA. The independent inspector may not be a PHA employee or contractor, or other
person under control of the PHA. However, the PHA may establish standards for
qualification of inspectors selected by families under the homeownership option.
PHA Policy
The family must hire an independent professional inspector, whose report must
be submitted to the PHA for review. This inspector must be a member of the
American Society of Home Inspectors (ASHI) or other recognized professional
society, or a licensed engineer. The inspector cannot be a PHA employee or
contractor.
The PHA may disapprove a unit for assistance based on information in the independent
inspector’s report, even if the unit was found to comply with housing quality standards.
PHA Policy
The PHA will review the professional report in a timely fashion and, based on the
presence of major physical problems, may disapprove the purchase of the home.
If the PHA disapproves the purchase of a home, the family will be notified in
writing of the reasons for the disapproval.
While the family is receiving homeownership assistance, the PHA will conduct an
NSPIRE inspection every other year.
Contract of Sale
Before commencement of monthly homeownership assistance payments, a member or
members of the family must enter into a contract of sale with the seller of the unit to be
acquired by the family.
The family must give the PHA a copy of the contract of sale. The contract of sale must:
Specify the price and other terms of sale by the seller to the purchaser;
Provide that the purchaser will arrange for a pre-purchase inspection of the
dwelling unit by an independent inspector selected by the purchaser;
Provide that the purchaser is not obligated to purchase the unit unless the
inspection is satisfactory to the purchaser;
Provide that the purchaser is not obligated to pay for any necessary repairs; and
Contain a certification from the seller that the seller has not been debarred,
suspended, or subject to a limited denial of participation under 24 CFR part 24.
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A contract for the sale of a unit not yet under construction must meet all above
requirements, and requirements below. Commencement of construction in
violation of the below requirements voids the purchase contract.
-
The purchaser is not obligated to purchase the unit unless an environmental
review has been performed and the site received environmental approval
prior to commencement of construction in accordance with 24 CFR 982.628;
and
-
The construction will not commence until the environmental review has
been completed and the seller has received written notice from the PHA that
environmental approval has been obtained. Environmental approval may be
conditioned on the contracting parties’ agreement to modification to the unit
design or to mitigation actions.
Disapproval of a Seller
In its administrative discretion, the PHA may deny approval of a seller for the same
reasons a PHA may disapprove an owner under the regular HCV program [see 24 CFR
§982.306(c)].
15-VII.H. FINANCING [24 CFR §982.632]
The PHA may establish requirements for financing purchase of a home under the
homeownership option. This may include requirements concerning qualification of
lenders, terms of financing, restrictions concerning debt secured by the home, lender
qualifications, loan terms, and affordability of the debt. The PHA must establish policies
describing these requirements in the administrative plan.
A PHA may not require that families acquire financing from one or more specified
lenders, thereby restricting the family’s ability to secure favorable financing terms.
PHA Policy
As a check against predatory lending, the PHA will review the financing of each
purchase transaction, including estimated closing costs. The PHA will review the
loans for features, such as balloon payments, adjustable-rate mortgages, and
unusually high interest rates, all of which are prohibited. The PHA also will not
approve “seller financing” or “owner-held” mortgages. Beyond these basic
criteria, the PHA will rely on the lenders to determine that the loan will be
affordable to program participants.
The mortgage the family applies for must require a minimum down payment of at
least three percent of the sales price with one percent of the down payment
coming from the purchaser’s personal funds. The PHA will not require that the
family have any more than the minimum of one percent of their own money in the
transaction. However, in cases where a lender is requiring a larger amount, the
family may be held to the underwriting guidelines set by their lending institution.
The PHA will approve a family’s request to utilize its Family Self-Sufficiency
escrow account after final disbursement for down payment and/or closing costs
when purchasing a unit under the HCV homeownership option.
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15-VII.I. CONTINUED ASSISTANCE REQUIREMENTS; FAMILY OBLIGATIONS [24 CFR
§982.633]
Homeownership assistance may only be paid while the family is residing in the home. If
the family moves out of the home, the PHA may not continue homeownership
assistance after the month when the family moves out. The family or lender is not
required to refund to the PHA the homeownership assistance for the month when the
family moves out.
Before commencement of homeownership assistance, the family must execute family
obligations in the form prescribed by HUD [Form HUD-52649]. In the statement, the
family agrees to comply with all family obligations under the homeownership option.
The family must comply with the following obligations:
The family must comply with the terms of the mortgage securing debt incurred to
purchase the home, or any refinancing of such debt.
The family may not convey or transfer ownership of the home, except for
purposes of financing, refinancing, or pending settlement of the estate of a
deceased family member. Use and occupancy of the home are subject to 24
CFR §982.551 (h) and (i).
The family must supply information to the PHA or HUD as specified in 24 CFR
§982.551(b). The family must further supply any information required by the PHA
or HUD concerning mortgage financing or refinancing, sale or transfer of any
interest in the home, or homeownership expenses.
The family must notify the PHA before moving out of the home.
The family must notify the PHA if the family defaults on the mortgage used to
purchase the home.
The family must provide the PHA with information on any satisfaction or payment
of the mortgage debt.
No family member may have any ownership interest in any other residential
property.
The family must comply with the obligations of a participant family described in
24 CFR §982.551, except for the following provisions which do not apply to
assistance under the homeownership option: 24 CFR §982.551(c), (d), (e), (f),
(g) and (j).
PHA Policy
Any inspection the PHA conducts after the initial inspection will be done on an
advisory basis. The family will be encouraged to make the repairs, but will not be
required to do so as a condition of ongoing assistance.
15-VII.J. MAXIMUM TERM OF HOMEOWNER ASSISTANCE [24 CFR §982.634]
15-28
Except in the case of a family that qualifies as an elderly or disabled family, other family
members (described below) shall not receive homeownership assistance for more than:
Fifteen years, if the initial mortgage incurred to finance purchase of the home has
a term of 20 years or longer; or
Ten years, in all other cases.
The maximum term described above applies to any member of the family who:
Has an ownership interest in the unit during the time that homeownership
payments are made; or
Is the spouse of any member of the household who has an ownership interest in
the unit during the time homeownership payments are made.
In the case of an elderly family, the exception only applies if the family qualifies as an
elderly family at the start of homeownership assistance. In the case of a disabled family,
the exception applies if at any time during receipt of homeownership assistance the
family qualifies as a disabled family.
If, during the course of homeownership assistance, the family ceases to qualify as a
disabled or elderly family, the maximum term becomes applicable from the date
homeownership assistance commenced. However, such a family must be provided at
least 6 months of homeownership assistance after the maximum term becomes
applicable (provided the family is otherwise eligible to receive homeownership
assistance).
If the family has received such assistance for different homes, or from different PHAs,
the total of such assistance terms is subject to the maximum term described in this part.
15-VII.K. HOMEOWNERSHIP ASSISTANCE PAYMENTS AND HOMEOWNERSHIP
EXPENSES [24 CFR §982.635]
The monthly homeownership assistance payment is the lower of the voucher payment
standard minus the total tenant payment, or the monthly homeownership expenses
minus the total tenant payment. The payment standard amount may not be lower than
what the payment standard amount was at commencement of homeownership
assistance.
In determining the amount of the homeownership assistance payment, the PHA will use
the same payment standard schedule, payment standard amounts, and subsidy
standards as those described elsewhere in this plan for the Housing Choice Voucher
program. The payment standard for a family is the greater of
(i)
The payment standard as determined at the commencement of
homeownership assistance for occupancy of the home, or
(ii)
The payment standard at the most recent regular reexamination of family
income and composition since the commencement of homeownership
assistance for occupancy of the home.
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The PHA must adopt policies for determining the amount of homeownership expenses
to be allowed by the PHA in accordance with HUD requirements.
Homeownership expenses (not including cooperatives) may only include amounts
allowed by the PHA to cover:
Principal and interest on initial mortgage debt, any refinancing of such debt, and
any mortgage insurance premium incurred to finance purchase of the home;
Real estate taxes and public assessments on the home;
Home insurance;
The PHA allowance for maintenance expenses;
The PHA allowance for costs of major repairs and replacements;
The PHA utility allowance for the home;
Principal and interest on mortgage debt incurred to finance costs for major
repairs, replacements, or improvements for the home. If a member of the family
is a person with disabilities, such debt may include debt incurred by the family to
finance costs needed to make the home accessible for such person, if the PHA
determines that allowance of such costs as homeownership expenses is needed
as a reasonable accommodation so that the homeownership option is readily
accessible to and usable by such person;
Land lease payments where a family does not own fee title to the real property
on which the home is located; [see 24 CFR §982.628(b)];
For a condominium unit, condominium operating charges or maintenance fees
assessed by the condominium homeowner association.
The PHA does not have the discretion to exclude any of the listed homeownership
expenses or to add any additional items.
Homeownership expenses for a cooperative member include amounts allowed by
the PHA to cover:
The cooperative charge under the cooperative occupancy agreement including
payment for real estate taxes and public assessments on the home;
Principal and interest on initial debt incurred to finance purchase of cooperative
membership shares and any refinancing of such debt;
Home insurance;
The PHA allowance for maintenance expenses;
The PHA allowance for costs of major repairs and replacements;
The PHA utility allowance for the home; and
Principal and interest on debt incurred to finance major repairs, replacements or
improvements for the home. If a member of the family is a person with
disabilities, such debt may include debt incurred by the family to finance costs
needed to make the home accessible for such person, if the PHA determines that
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allowance of such costs as homeownership expenses is needed as a reasonable
accommodation so that the homeownership option is readily accessible to and
usable by such person.
Cooperative operating charges or maintenance fees assessed by the cooperative
homeowner association.
PHA Policy
The PHA will use the following amounts for homeownership expenses:
Monthly homeownership payment. This includes principal and interest on
initial mortgage debt, taxes and insurance, public assessments, and any
mortgage insurance premium, if applicable.
Utility allowance. The PHA’s utility allowance for the unit, based on the current
HCV utility allowance schedule.
Monthly maintenance/major repair/replacement allowance. A single monthly
maintenance/repair/replacement allowance will be provided at $120 per month.
Monthly co-op/condominium assessments. If applicable, the monthly amount
of co-op or condominium association operation and maintenance assessments.
Monthly principal and interest on debt for improvements. Principal and
interest for major home repair, replacements, or improvements, if applicable.
Land lease payments. Land lease payments where a family does not own fee
title to the real property on which the home is located.
The PHA may pay the homeownership assistance payments directly to the family, or at
the PHA’s discretion, to a lender on behalf of the family. If the assistance payment
exceeds the amount due to the lender, the PHA must pay the excess directly to the
family.
PHA Policy
The PHA’s housing assistance payment will be paid directly to the family. It will
be the family’s responsibility to make the entire payment to the lender. The PHA
may make an exception if the family requests the payment to go directly to the
lender, and this arrangement is acceptable to the mortgage company. If the
assistance payment exceeds the amount due to the lender, the PHA must pay
the excess directly to the family.
15-VII.L. PORTABILITY [24 CFR 982.636, 982.637, 982.353(B); (C); 982.552; 982.553]
Subject to the restrictions on portability included in HUD regulations and PHA policies, a
family may exercise portability if the receiving PHA is administering a voucher
homeownership program and accepting new homeownership families. The receiving
PHA may absorb the family into its voucher program or bill the initial PHA.
The family must attend the briefing and counseling sessions required by the receiving
PHA. The receiving PHA will determine whether the financing for, and the physical
condition of the unit, are acceptable. The receiving PHA must promptly notify the initial
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PHA if the family has purchased an eligible unit under the program, or if the family is
unable to purchase a home within the maximum time established by the PHA.
15-VII.M. MOVING WITH CONTINUED ASSISTANCE [24 CFR §982.637]
A family receiving homeownership assistance may move with continued tenant-based
rental assistance, or with voucher homeownership assistance.
The PHA must determine that all initial requirements have been satisfied if a family that
has received homeownership assistance wants to move with continued homeownership
assistance. However, the following do not apply:
The requirement for pre-assistance counseling is not applicable. However, the
PHA may require that the family complete additional counseling (before or after
moving to a new unit with continued homeownership assistance).
The requirement that a family must be a first-time homeowner is not applicable.
Continued tenant-based assistance for a new unit cannot begin so long as any family
member holds title to the prior home. However, when the family or a member of the
family is or has been the victim of domestic violence, dating violence, sexual assault,
stalking, or human trafficking and the move is needed to protect the health or safety of
the family or family member (or any family member has been the victim of a sexual
assault that occurred on the premises during the 90-calendar-day period preceding the
family’s request to move), such family or family member may be assisted with continued
tenant-based assistance even if they own any title or other interest in the prior home.
The PHA may deny permission to move to a new unit with continued voucher
assistance:
If the PHA has insufficient funding to provide continued assistance.
In accordance with 24 CFR 982.638, regarding denial or termination of
assistance.
In accordance with the PHA’s policy regarding number of moves within a 12-
month period.
The PHA must deny the family permission to move to a new unit with continued
voucher rental assistance if:
The family defaulted on an FHA-insured mortgage; and
The family fails to demonstrate that the family has conveyed, or will convey, title
to the home, as required by HUD, to HUD or HUD's designee; and
The family has moved, or will move, from the home within the period established or
approved by HUD.
PHA Policy
For families participating in the homeownership option, requests to move will be
approved and/or denied in accordance with PHA policies in Chapter 10.
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The PHA will not require additional counseling of any families who move with
continued assistance.
15-VII.N. DENIAL OR TERMINATION OF ASSISTANCE [24 CFR §982.638]
At any time, the PHA may deny or terminate homeownership assistance in accordance
with HCV program requirements in 24 CFR 982.552 (Grounds for denial or termination
of assistance) or 24 CFR 982.553 (Crime by family members).
The PHA may also deny or terminate assistance for violation of participant obligations
described in 24 CFR Parts 982.551 or 982.633 and in accordance with its own policy,
with the exception of failure to meet obligations under the Family Self-Sufficiency
program as prohibited under the alternative requirements set forth in FR Notice
12/29/14.
Homeownership assistance for a family automatically terminates 180 calendar days
after the last homeownership assistance payment on behalf of the family. However, a
PHA may grant relief from this requirement in those cases where automatic termination
would result in extreme hardship for the family.
PHA Policy
In order for the PHA to consider granting relief from the requirement to
automatically terminate homeownership assistance 180 days following the PHA’s
last housing assistance payment on behalf of the family, the family must submit a
written request to the PHA at least 30 days prior to the date of automatic
termination. The request must include an explanation of the circumstances that
will cause an extreme hardship for the family (e.g., the imminent loss of income
or employment) as well as documentation supporting the request. The PHA will
determine on a case-by-case basis whether to grant relief from the requirement
and for what period of time. In no case will the PHA postpone termination beyond
an additional 90 days.
The PHA must terminate voucher homeownership assistance for any member of family
receiving homeownership assistance that is dispossessed from the home pursuant to a
judgment or order of foreclosure on any mortgage (whether FHA insured or non-FHA)
securing debt incurred to purchase the home, or any refinancing of such debt.
PHA Policy
The PHA will terminate a family’s homeownership assistance if the family violates
any of the homeowner obligations listed in Section 1, as well as for any of the
reasons listed in Section 2 of Form HUD-52649, Statement of Homeowner
Obligations Housing Choice Homeownership Voucher Program.
In making its decision to terminate homeownership assistance, the PHA will
consider alternatives as described in Section 12-II.C and other factors described
in Section 12-II.D. Upon consideration of such alternatives and factors, the PHA
may, on a case-by-case basis, choose not to terminate assistance.
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Termination notices will be sent in accordance with the requirements and policies
set forth in Section 12-II.F.
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Chapter 16
Program Administration
Introduction
This chapter discusses administrative policies and practices that are relevant to the
activities covered in this plan. The policies are discussed in seven parts as described
below:
Part I: Administrative Fee Reserve. This part describes the PHA’s policies with
regard to oversight of expenditures from its administrative fee reserve.
Part II: Setting Program Standards and Schedules. This part describes what
payment standards are, and how they are updated, as well as how utility
allowances are established and revised.
Part III: Informal Reviews and Hearings. This part outlines the requirements
and procedures for informal reviews and hearings, and for informal hearings
regarding citizenship status.
Part IV: Owner or Family Debts to the PHA. This part describes policies for
recovery of monies that the PHA has overpaid on behalf of families, or to owners,
and describes the circumstances under which the PHA will offer repayment
agreements to owners and families. Also discussed are the consequences for
failure to make payments in accordance with a repayment agreement.
Part V: Section 8 Management Assessment Program (SEMAP). This part
describes what the SEMAP scores represent, how they are established, and how
those scores affect a PHA.
Part VI: Record-Keeping. All aspects of the program involve certain types of
record- keeping. This part outlines the privacy rights of applicants and
participants and record retention policies the PHA will follow.
Part VII: Reporting and Record Keeping for Children with Elevated Blood
Lead Level. This part describes the PHA’s responsibilities for reporting, data
collection, and record keeping relative to children with elevated blood lead levels
that are less than six years of age, and are receiving HCV assistance.
Part VIII: Determination of Insufficient Funding. This part describes the PHA’s
policies for determining if there is sufficient funding to issue vouchers, to approve
moves to higher cost units or areas, and to continue assistance for all participant
families.
Part IX: Violence against Women Act (VAWA): Notification, Documentation,
Confidentiality. This part contains key terms used in VAWA and describes
requirements related to notifying families and owners about their rights and
responsibilities under VAWA; requesting documentation from victims of domestic
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violence, dating violence, sexual assault, stalking, and human trafficking; and
maintaining the confidentiality of information obtained from victims.
16-3
PART I: ADMINISTRATIVE FEE RESERVE [24 CFR §982.155]
The PHA will maintain administrative fee reserves, or unrestricted net position (UNP) for
the program to pay program administrative expenses in excess of administrative fees
paid by HUD for a PHA fiscal year. HUD appropriations acts beginning with FFY 2004
have specified that administrative fee funding may be used only for activities related to
the provision of HCV assistance, including related development activities.
PIH Notice 2012-9 cites two examples of related development activities: unit
modification for accessibility purposes and development of project-based voucher units.
The notice makes clear that other activities may also qualify as related development
activities.
Administrative fees that remain in the UNP account from funding provided prior to 2004
may be used for “other housing purposes permitted by state and local law,” in
accordance with 24 CFR §982.155(b)(1).
In addition, as specified in Notice PIH 2022-18, PHAs may use administrative fee
funding for both administrative and “other expenses” needed to employ strategies and
undertake activities beyond regular administrative responsibilities to facilitate the
successful leasing and use of housing choice vouchers by families, such as through the
use of security deposit assistance and landlord recruitment and incentive payments,
among other allowable expenses specified in the notice. PHAs are also permitted to use
UNP for these expenses [Notice PIH 2022-18].
If a PHA has not adequately administered its HCV program, HUD may prohibit use of
funds in the UNP Account and may direct the PHA to use funds in that account to
improve administration of the program, for HCV HAP expenses, or to reimburse
ineligible expenses in accordance with the regulation at 24 CFR §982.155(b)(3).
HUD requires the PHA Board of Commissioners or other authorized officials to establish
the maximum amount that may be charged against the UNP account without specific
approval.
PHA Policy
Expenditures from the UNP account will be made in accordance with all
applicable federal requirements. Expenditures will not exceed $29,999 per
occurrence without the prior approval of the PHA’s Board of Commissioners.
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PART II: SETTING PROGRAM STANDARDS AND SCHEDULES
16-II.A. OVERVIEW
Although many of the program’s requirements are established centrally by HUD, the
HCV program’s regulations recognize that some flexibility is required to allow the PHA
to adapt the program to local conditions. This part discusses how the PHA establishes
and updates certain schedules and standards that are used to administer the program
locally. Details about how these schedules are applied to individual families are
provided in other chapters. The schedules and standards discussed here include:
Payment Standards, which dictate the maximum subsidy a family can receive
(application of the payment standards is discussed in Chapter 6); and
Utility Allowances, which specify how a family’s payment should be adjusted to
account for tenant-paid utilities (application of utility allowances is discussed in
Chapter 6).
PHA Policy
Copies of the payment standard and utility allowance schedules are available for
review in the PHA’s offices during normal business hours and on the PHA’s
website.
Families, owners, and members of the public may submit written comments on
the schedules discussed in this part, at any time, for consideration during the
next revision cycle.
The PHA will maintain documentation to support its annual review of payment
standards and utility allowance schedules. This documentation will be retained
for at least 3 years.
16-II.B. PAYMENT STANDARDS [24 CFR §982.503; HCV GB, CHAPTER 7; AND NOTICE
PIH 2024-34]
The payment standard sets the maximum subsidy payment a family can receive from
the PHA each month [24 CFR §982.505(a)]. Payment standards are based on fair
market rents (FMRs) published annually by HUD. FMRs are set at a percentile within
the rent distribution of standard quality rental housing units in each FMR area. For most
jurisdictions, FMRs are set at the 40th percentile of gross rents in the market area.
In the HCV program, the FMR may be established at the ZIP code level, metropolitan
market area level, or nonmetropolitan county level. Within each FMR area, the
applicable FMR is the HUD-published:
Small Area FMR (SAFMR);
-
For any metropolitan area designated as an SAFMR area; or
-
Anywhere a PHA has notified HUD it will voluntarily use SAFMRs;
Metropolitan FMR for any other metropolitan area; or
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FMR for any other non-metropolitan county.
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The PHA must establish a payment standard schedule that establishes payment
standard amounts for each FMR area within the PHA’s jurisdiction, and for
each unit size within each of the FMR areas. . In many cases a single FMR
area will cover the PHA’s entire jurisdiction. Some PHAs’ jurisdictions
include more than one FMR area. The PHA’s established payment standards
within the payment standard area always must be within the basic range of
the applicable FMR area, or any HUD-approved exception payment standard.
Program regulations and this policy refer to the “applicable FMR.” The
“applicable FMR” is the HUD-published SAFMR for PHAs in mandatory
SAFMR areas or for those PHAs that have opted-in to using the SAFMR,
both of which are discussed below.Small Area FMR PHAs (Mandatory and
Opt-In) [Notice PIH 2018-01; Notice PIH 2023-32; Notice PIH 2024-34; and
Implementing Small Area Fair Market Rents (SAFMR) Guidebook]
SAFMRs are FMRs calculated at the ZIP Code level, rather than for an entire
metropolitan or non-metropolitan county.
HUD identifies which metropolitan areas are required to use SAFMRs based on
significant voucher concentration challenges and market conditions. PHAs
administering the HCV program in those areas are required to use the SAFMRs when
establishing payment standards (mandatory SAFMR PHAs). Mandatory SAFMR PHAs
must use the SAFMR for any part of their jurisdiction located in the SAFMR area.
Upon notification to HUD, PHAs not located in mandatory SAFMR areas may opt-in and
voluntarily adopt SAFMRs for one or more of the FMR areas in which the PHA
administers vouchers (opt-in PHAs). A PHA that exercises this option in one
metropolitan area or non-metropolitan county is not required to exercise this option in
other metropolitan areas or non-metropolitan counties. A PHA that opts in to SAFMRs
may subsequently opt out through revision of the administrative plan and notification to
HUD.
Alternatively, PHAs may elect to use SAFMRs only as the basis for exception payment
standards in some or all of those non-mandatory SAFMR areas that cover or are within
their jurisdictions. These PHAs are not considered opt-in PHAs.
When applicable, SAFMRs apply to all tenant-based vouchers in the PHA’s jurisdiction,
including special vouchers such as the Veterans Affairs Supportive Housing (VASH)
program, the Family Unification Program (FUP), and special housing types such as
Single Room Occupancies (SROs) and homeownership vouchers. SAFMRs do not
apply to manufactured home space rental.
PHA Policy
The PHA has been designated by HUD as a mandatory SAMFR PHA and, in
accordance with 24 CFR 888.113(c )(3) is required to implement SAFMR’s- based
payment standards no later than January 1, 2025.
The PHA will establish payment standards for each ZIP code or groups of ZIP
codes in its jurisdiction to ensure they are between the 90–110% basic range of the
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SAFMR or any exception payment standard, if applicable. If the amount on the payment
standard schedule is decreased while the family continues to reside in the assisted unit,
the payment standard in effect as of the recertification prior to the decrease will remain
in place. The payment standard shall be frozen at this level until such time as one of the
following occurs:
The payment standard is equal to or above the frozen level
The family moves
A change in household composition requires a change in payment
standard at the next annual reexamination
The Basic Range [24 CFR 982.503(c) and Notice PIH 2024-34]
The PHA may establish a payment standard within the “basic range” established by
HUD—between 90 and 110 percent of the published FMR for each unit size—without
HUD approval or prior notification to HUD. For each payment standard area, the PHA
must establish a payment standard amount for each unit size which may be based on
the same percentage of the published FMR (for example, all units at 100 percent of
FMR), or the PHA may set different payment standards for different unit sizes (for
example, 1-bedrooms at 90 percent and 2-bedrooms at 100 percent of the FMR).
Payment Standard Areas [24 CFR 982.503(a)(3) and Notice PIH 2024-34]
The PHA may establish designated payment standard areas within each FMR area
where the PHA establishes different payment standards, provided each area is no
smaller than a census tract block group. If the PHA designates payment standard areas,
then it must include the criteria used to determine the designated areas and the
payment standard amounts for those areas in the administrative plan.
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Exception Payment Standards [24 CFR §982.503(d); PIH Notice 2018-01,
Notice PIH 2024-34, and FR Notice 9/27/2021]
There are several options available to increase payment standards above the basic
range. These are known as exception payment standards, which are payment
standards that exceed 110 percent of the published FMR. The following are types of
exception payment standards:
Payment standards based on SAFMRs in ZIP codes where the SAFMR is higher
than the applicable metropolitan or non-metropolitan county FMR
Payment standards greater than 110 percent up to 120 percent of the applicable
FMR
Payment standards over 120 percent of the applicable FMR
Payment standards up to 120 percent of the FMR for Veterans Affairs Supportive
Housing (HUD-VASH)
Payment standards necessary as a reasonable accommodation
Payment Standards based on SAFMRs in ZIP codes where the SAFMR is Higher
than the FMR: Upon notification to HUD, a PHA that is not located in a SAFMR area or
that has not opted to voluntarily adopt SAFMRs may establish an exception payment
standard for a ZIP code area that exceeds the basic range for the metropolitan area or
county FMR of up to and including 110 percent of the SAFMR for that ZIP code area. If
an exception area crosses one or more FMR boundaries, then the maximum exception
payment standard amount that a PHA may adopt for the area without HUD approval is
110 percent of the ZIP code area with the lowest SAFMR amount. A PHA that adopts
an exception payment standard pursuant to this authority must apply it to the entire ZIP
code area.
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Payment Standards Greater than 110 Percent Up to 120 Percent: Upon notification
to HUD, a PHA may establish exception payment standards between 110 percent and
120 percent of the applicable FMR if the PHA meets one of the following criteria:
Success rate: Fewer than 75 percent of families to which the PHA has issued tenant
-based vouchers during the most recent 12-month period for which there is success
rate data available have become participants on the program; or
Rent burden: More than 40 percent of families with tenant-based assistance pay
more than 30 percent of their adjusted income as their family share.
The PHA may revert back to the basic range at any time without notification to HUD.
PHAs may combine exception payment standards based on the SAFMR and exception
payment standards greater than 110 and up to 120 percent.
Other Exception Payment Standards: PHAs may request HUD approval to establish
exception payment standards up to 120 percent of the FMR when the above criteria do
not apply or in order to establish exception payment standards that exceed 120 percent
of the FMR. Requests may be made for an entire FMR area or a designated part of the
FMR area.
Exception Payment Standards for VASH: In addition, HUD allows PHAs to establish
a HUD-Veterans Affairs Supportive Housing (HUD-VASH) exception payment standard.
PHAs may go up to but no higher than 120 percent of the FMR or SAFMR specifically
for VASH families. PHAs who want to establish a VASH exception payment standard
over 120 percent must still request a waiver from HUD (See Section 19-III.E.).
Once exception payment standards are adopted, the PHA may use the exception
payment standard for all units, or for only units of a particular size. The exception
payment standard may be established for a designated part of the FMR area (called an
“exception area”) or for the entire FMR area. Exception areas are typically county, city,
town, ZIP code, or census tract areas. However, so long as the exception area is no
smaller than census tract block group, the PHA may determine the area for the
exception area.
PHA Policy
The PHA has not established exception payment standards.
Reasonable Accommodation [24 CFR 982.503(d)(5), 24 CFR 982.505(d), Notice
PIH 2024-34, and Notice PIH 2010-26]
Unit-by-unit exceptions to the PHA’s payment standards generally are not permitted.
However, an exception may be made on a case-by-case basis as a reasonable
accommodation for a family that includes a person with disabilities. (See Chapter 2 for a
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discussion of reasonable accommodations.) This type of exception does not affect the
PHA’s payment standard schedule.
If required as a reasonable accommodation, the PHA may make an exception to the
payment standard without HUD approval if the exception amount does not exceed 120
percent of the applicable FMR/SAFMR for the unit size (or in the case of VASH, up to
140 percent of the FMR/SAFMR). The PHA may request HUD approval for an exception
to the payment standard for a particular family if the required amount exceeds 120
percent of the FMR/SAFMR.
Payment Standard below the Basic Range [24 CFR §982.503(e) and Notice PIH
2024-34]
The PHA must request HUD approval to establish a payment standard amount
that is lower than the basic range. At HUD’s sole discretion, HUD may
approve establishment of a payment standard lower than the basic range.
HUD will consider rent burden on families under the program.Updating
Payment Standards [24 CFR 982.503(c)(3) and Notice PIH 2023-24]
HUD publishes FMRs in the Federal Register and also makes them available on the
HUD website with an effective date of October 1. When HUD updates FMRs, the PHA
must revise its payment standard amounts and schedule no later than three months
following the effective date of the published FMR if revisions are necessary to stay
within the basic range. HUD may require the PHA to make further adjustments if it
determines that rent burdens for assisted families in the PHA’s jurisdiction are
unacceptably high [24 CFR 982.503(h)]. PHAs must include a copy of the payment
standard schedule in the voucher briefing materials, and HUD strongly encourages
PHAs to post their payment standard schedule on their website.
PHA Policy
The PHA will review the appropriateness of the payment standards on an annual
basis when the new FMR is published, and at other times as determined
necessary. In addition to ensuring the payment standards are always within the
“basic range,” the PHA will consider the following factors when determining
whether an adjustment should be made to the payment standard schedule:
Funding Availability: The PHA will review projected HAP expenditures to
determine the impact projected subsidy adjustments will have on funding
available for the program and the number of families served. The PHA will
compare the number of families who could be served under revised
payment standard amounts with the number assisted under current
payment standard amounts.
Rent Burden of Participating Families: Rent burden will be determined
by identifying the percentage of families, for each unit size, that are paying
more than 30 percent of their monthly adjusted income as the family
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share. When 40 percent or more of families, for any given unit size, are
paying more than 30 percent of adjusted monthly income as the family
share, the PHA will consider increasing the payment standard. In
evaluating rent burdens, the PHA will not include families renting a larger
unit than their family unit size.
Quality of Units Selected: The PHA may review the quality of units
selected by participant families when making the determination of the
percent of income families are paying for housing, to ensure that payment
standard increases are only made when needed to reach the mid-range of
the market.
Changes in Rent to Owner: The PHA may review a sample of the units
to determine how often owners are increasing or decreasing rents and the
average percent of increases and decreases by bedroom size.
Unit Availability: The PHA may review the availability of units for each
unit size, particularly in areas with low concentrations of poor and minority
families.
Lease-up Time and Success Rate: The PHA may consider the
percentage of families that are unable to locate suitable housing before
the voucher expires and whether families are leaving the jurisdiction to
find affordable housing.
Effective dates of changes to payment standard amounts will be determined at
the time of update. The PHA will always ensure the payment standards will be
within the basic range. The PHA will post its payment standards schedule on the
PHA’s website and include a copy in the voucher briefing materials.
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16-II.C. UTILITY ALLOWANCES [24 CFR §982.517]
A PHA-established utility allowance schedule is used in determining family share and
PHA subsidy. The PHA must maintain a utility allowance schedule for
(1)
all tenant-paid utilities,
(2)
the cost of tenant-supplied refrigerators and ranges, and
(3)
other tenant-paid housing services such as trash collection.
The PHA must maintain an area-wide utility allowance schedule. The utility allowance
schedule must be determined based on the typical cost of utilities and services paid by
energy-conservative households that occupy housing of similar size and type in the
same locality. In developing the schedule, the PHA must use normal patterns of
consumption for the community as a whole, and current utility rates.
The utility allowance must include the utilities and services that are necessary in the
locality to provide housing that complies with housing quality standards. Costs for
telephone, cable/satellite television, and internet services are not included in the utility
allowance schedule.
In the utility allowance schedule, the PHA must classify utilities and other housing
services according to the following general categories: space heating; air conditioning;
cooking; water heating; water; sewer; trash collection; other electric; cost of tenant-
supplied refrigerator; cost of tenant-supplied range; applicable surcharges; and other
specified housing services.
The cost of each utility and housing service must be stated separately by unit size and
type. Chapter 16 of the HCV Guidebook provides detailed guidance to the PHA about
establishing utility allowance schedules.
The PHA must state its policy for utility allowance payments in the administrative plan
and apply it consistently to all households. The PHA must provide a copy of the utility
allowance schedule to HUD.
Energy Efficient Utility Allowance [24 CFR 982.517(b)(2)(ii)]
In addition to the area-wide utility allowance standard, the PHA may maintain an area-
wide, energy efficient utility allowance schedule to be used for units that are in a
building that meets Leadership in Energy and Environmental Design (LEED) or Energy
Star standards.
PHA Policy
The PHA will not maintain an energy efficient utility allowance schedule.
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Air Conditioning [24 CFR 982.517(b)(1)(iii)]
The PHA must provide a utility allowance for air-conditioning when the majority of
housing units in the market provide central air-conditioning or are wired for tenant-
installed air conditioners.
PHA Policy
The PHA has included an allowance for air-conditioning in its schedule. Central
air- conditioning or a portable air conditioner must be present in a unit before the
PHA will apply this allowance to a family’s rent and subsidy calculations.
Reasonable Accommodation and Individual Relief
Upon request from a family that includes a person with disabilities, the PHA must
approve a utility allowance which is higher than the applicable amount on the utility
allowance schedule if a higher utility allowance is needed as a reasonable
accommodation to make the program accessible and usable by the family member with
a disability [24 CFR 982.517(e)]. (See Chapter 2 for policies regarding the request and
approval of reasonable accommodations).
Further, the PHA may grant requests for relief from charges in excess of the utility
allowance on reasonable grounds, such as special needs of the elderly, ill, or residents
with disabilities, or special factors not within control of the resident, as the PHA deems
appropriate. The family must request the higher allowance and provide the PHA with an
explanation of the need for the individual relief and information about the amount of
additional allowance required [see HCV GB, p. 18-8].
PHAs should develop criteria for granting individual relief and to notify residents about
the availability of individual relief, and also to notify participants about the availability of
individual relief programs (sometimes referred to as “Medical Baseline discounts”)
offered by the local utility company. Policies for granting exception utility allowances can
be found in Section 6-III.D. of this plan.
Utility Allowance Revisions
The PHA must review its schedule of utility allowances each year, and must revise the
schedule if there has been a change of 10 percent or more in any utility rate since the
last time the allowance for that utility was revised [24 CFR 982.517(c)(1)].
The PHA must maintain information supporting its annual review of utility allowance and
any revisions made in its utility allowance schedule.
PART III: INFORMAL REVIEWS AND HEARINGS
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16-III.A. OVERVIEW
Both applicants and participants have the right to disagree with, and appeal, certain
decisions of the PHA that may adversely affect them. PHA decisions that may be
appealed by applicants and participants are discussed in this section.
The process for applicant appeals of PHA decisions is called the “informal review.” For
participants (or applicants denied admission because of citizenship issues), the appeal
process is called an “informal hearing.” PHAs are required to include informal review
procedures for applicants, and informal hearing procedures for participants in their
administrative plans [24 CFR §982.54(d)(12) and (13)].
16-III.B. INFORMAL REVIEWS
Informal reviews are provided for program applicants. An applicant is someone who has
applied for admission to the program, but is not yet a participant in the program.
Informal reviews are intended to provide a “minimum hearing requirement” [24 CFR
982.554], and need not be as elaborate as the informal hearing requirements [Federal
Register 60, no. 127 (3 July 1995): 34690].
Decisions Subject to Informal Review [24 CFR 982.554(a) and (c)]
The PHA must give an applicant the opportunity for an informal review of a decision
denying assistance [24 CFR 982.554(a)]. Denial of assistance may include any or all of
the following [24 CFR 982.552(a)(2)]:
Denying listing on the PHA waiting list
Denying or withdrawing a voucher
Refusing to enter into a HAP contract or approve a lease
Refusing to process or provide assistance under portability procedures
Informal reviews are not required for the following reasons [24 CFR 982.554(c)]:
Discretionary administrative determinations by the PHA
General policy issues or class grievances
A determination of the family unit size under the PHA subsidy standards
A PHA determination not to approve an extension of a voucher term
A PHA determination not to grant approval of the tenancy
A PHA determination that the unit is not in compliance with the housing quality
standards
A PHA determination that the unit does not meet space standards
PHA Policy
The PHA will only offer an informal review to applicants for whom assistance is
being denied. Denial of assistance includes: denying listing on the PHA waiting list;
16-15
denying or withdrawing a voucher; refusing to enter into a HAP contract or approve
a lease; refusing to process or provide assistance under portability procedures.
Notice to the Applicant [24 CFR 982.554(a)]
The PHA must give an applicant prompt notice of a decision denying assistance. The
notice must contain a brief statement of the reasons for the PHA decision and must also
state that the applicant may request an informal review of the decision. The notice must
describe how to obtain the informal review.
Scheduling an Informal Review
PHA Policy
A request for an informal review must be made in writing and delivered to the
PHA either in person or by first class mail, by the close of the business day, no
later than 10 business days from the date of the PHA’s denial of assistance.
The PHA must schedule and send written notice of the informal review within 10
business days of the family’s request.
If the informal review will be conducted remotely, at the time the PHA notifies the
family of the informal review, the family will be informed:
Regarding the processes to conduct a remote informal review;
That, if needed, the PHA will provide technical assistance prior to and
during the informal review; and
That if the family or any individual witness has any technological,
resource, or accessibility barriers preventing them from fully accessing the
remote informal review, the family may inform the PHA and the PHA will
assist the family in either resolving the issues or allow the family to
participate in an in-person informal review, as appropriate.
Informal Review Procedures [24 CFR 982.554(b)]
The informal review must be conducted by a person other than the one who made or
approved the decision under review, or a subordinate of this person.
The applicant must be provided an opportunity to present written or oral objections to
the decision of the PHA.
Remote Informal Reviews [Notice PIH 2020-32]
There is no requirement that informal reviews be conducted in-person and, as such,
HUD allows PHAs to conduct all or a portion of their informal review remotely either
over the phone, via video conferencing, or through other virtual platforms. If the PHA
16-16
chooses to conduct remote informal reviews, applicants may still request an in-person
informal review, as applicable.
PHA Policy
The PHA has the sole discretion to require that informal reviews be conducted
remotely in case of local, state, or national physical distancing orders, and in
cases of inclement weather or natural disaster.
In addition, the PHA will conduct an informal review remotely upon request of the
applicant as a reasonable accommodation for a person with a disability, if an
applicant does not have childcare or transportation that would enable them to
attend the informal review, or if the applicant believes an in-person informal
review would create an undue health risk. The PHA will consider other
reasonable requests for a remote informal review on a case-by-case basis.
Ensuring Accessibility for Persons with Disabilities and LEP Individuals
As with in-person informal reviews, the platform for conducting remote informal reviews
must be accessible to persons with disabilities and the informal review must be
conducted in accordance with Section 504 and accessibility requirements. This includes
ensuring any information, websites, emails, digital notifications, and other virtual
platforms are accessible for persons with vision, hearing, and other disabilities. Further,
providing effective communication in a digital context may require the use of
individualized auxiliary aids or services, such as audio description, captioning, sign
language and other types of interpreters, keyboard accessibility, accessible documents,
screen reader support, and transcripts. Auxiliary aids or services must be provided in
accessible formats, in a timely manner, and in such a way to protect the privacy and
independence of the individual. PHAs may never request or require that individuals with
disabilities provide their own auxiliary aids or services, including for remote informal
hearings.
PHAs are required to make reasonable accommodations in policies, practices, and
procedures to ensure persons with disabilities have a full and equal opportunity to
participate in and benefit from all aspects of the informal review process. See Chapter 2
for a more detailed discussion of reasonable accommodation requirements.
If no method of conducting a remote informal review is available that appropriately
accommodates an individual’s disability, the PHA may not hold against the individual
their inability to participate in the remote informal review, and the PHA should consider
whether postponing the remote informal review to a later date is appropriate or whether
there is a suitable alternative.
Due to the individualized nature of disability, the appropriate auxiliary aid or service
necessary, or reasonable accommodation, will depend on the specific circumstances
and requirements.
As with in-person reviews, Limited English Proficiency (LEP) requirements also apply to
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remote informal reviews, including the use of interpretation services and document
translation. See Chapter 2 for a more thorough discussion of accessibility and LEP
requirements, all of which apply in the context of remote informal reviews.
Conducting Remote Informal Reviews
The PHA must ensure that the lack of technology or inability to use technology for
remote informal reviews does not pose a disadvantage to families that may not be
apparent to the PHA. The PHA should determine through a survey or other means if
these barriers exist prior to conducting the remote informal review and, if the family
does not have the proper technology to fully participate, either postpone the informal
review or provide an alternative means of access.
As with in-person informal reviews, the PHA must provide all materials presented,
whether paper or electronic, to the family prior to the remote informal review. The family
must also be provided with an accessible means by which to transmit their own
evidence.
The PHA must ensure that the applicant has the right to hear and be heard. All PHA
policies and processes for remote informal reviews must be conducted in accordance
with due process requirements and be in compliance with HUD regulations at 24 CFR
982.554 and guidance specified in Notice PIH 2020-32.
PHA Policy
The PHA will conduct remote informal reviews via a video conferencing platform,
when available. If, after attempting to resolve any barriers, applicants are unable
to adequately access the video conferencing platform at any point, or upon
applicant request, the informal review will be conducted by telephone
conferencing call-in. If the family is unable to adequately access the telephone
conferencing call-in at any point, the remote informal review will be postponed,
and an in-person alternative will be provided promptly within a reasonable time.
At least five business days prior to scheduling the remote review, the PHA will
provide the family with login information and/or conferencing call-in information
and an electronic and/or physical copy of all materials being presented via first
class mail and/or email. The notice will advise the family of technological
requirements for the informal review and request the family notify the PHA of any
known barriers. The PHA will resolve any barriers using the guidance in Section
6 of Notice PIH 2020-32, including offering the family the opportunity to attend an
in-person informal review.
If the informal review is to be conducted remotely, the PHA will require the family
to provide any documents directly relevant to the informal review at least 24
hours before the scheduled review through the mail, via email, or text. The PHA
will scan and email copies of these documents to the PHA representative the
same day.
Documents will be shared electronically whenever possible.
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The PHA will follow up the email with a phone call and/or email to the applicant at
least one business day prior to the remote informal review to ensure that the
applicant received all information and is comfortable accessing the video
conferencing or call-in platform.
The PHA will ensure that all electronic information stored or transmitted with
respect to the informal review is secure, including protecting personally
identifiable information (PII), and meets the requirements for accessibility for
persons with disabilities and persons with LEP.
Informal Review Decision [24 CFR §982.554(b)]
The PHA must notify the applicant of the PHA’s final decision, including a brief
statement of the reasons for the final decision.
PHA Policy
In rendering a decision, the PHA will evaluate the following matters:
Whether or not the grounds for denial were stated factually in the notice to
the family.
The validity of the grounds for denial of assistance. If the grounds for
denial are not specified in the regulations, then the decision to deny
assistance will be overturned.
The validity of the evidence. The PHA will evaluate whether the facts
presented prove the grounds for denial of assistance. If the facts prove
that there are grounds for denial, and the denial is required by HUD, the
PHA will uphold the decision to deny assistance.
If the facts prove the grounds for denial, and the denial is discretionary,
the PHA will consider the recommendation of the person conducting the
informal review in making the final decision whether to deny assistance.
The PHA will notify the applicant of the final decision, including a statement
explaining the reason(s) for the decision. The notice will be mailed within 10
business days of the informal review, to the applicant and their representative, if
any, along with proof of mailing.
If the decision to deny is overturned as a result of the informal review, 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.
16-III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR §982.555]
16-19
PHAs must offer an informal hearing for certain PHA determinations relating to the
individual circumstances of a participant family. A participant is defined as a family that
has been admitted to the PHA’s HCV program and is currently assisted in the program.
The purpose of the informal hearing is to consider whether the PHA’s decisions related
to the family’s circumstances are in accordance with the law, HUD regulations, and PHA
policies.
The PHA is not permitted to terminate a family’s assistance until the time allowed for the
family to request an informal hearing has elapsed, and any requested hearing has been
completed.
Termination of assistance for a participant may include any or all of the following:
Refusing to enter into a HAP contract or approve a lease
Terminating housing assistance payments under an outstanding HAP contract
Refusing to process or provide assistance under portability procedures
Decisions Subject to Informal Hearing
Circumstances for which the PHA must give a participant family an opportunity for an
informal hearing are as follows:
A determination of the family’s annual or adjusted income, and the use of such
income to compute the housing assistance payment
A determination of the appropriate utility allowance (if any) for tenant-paid utilities
from the PHA utility allowance schedule
A determination of the family unit size under the PHA’s subsidy standards
A determination to terminate assistance for a participant family because of the
family’s actions or failure to act
A determination to terminate assistance because the participant has been absent
from the assisted unit for longer than the maximum period permitted under PHA
policy and HUD rules
A determination to terminate a family’s Family Self Sufficiency contract, withhold
supportive services, or propose forfeiture of the family’s escrow account [24 CFR
§984.303(i)].
Circumstances for which an informal hearing is not required are as follows:
Discretionary administrative determinations by the PHA
General policy issues or class grievances
Establishment of the PHA schedule of utility allowances for families in the
program
A PHA determination not to approve an extension of a voucher term
A PHA determination not to approve a unit or tenancy
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A PHA determination that a unit selected by the applicant is not in compliance
with the housing quality standards
A PHA determination that the unit is not in accordance with NSPIRE because of
family size
A determination by the PHA to exercise or not to exercise any right or remedy
against an owner under a HAP contract
PHA Policy
The PHA will only offer participants the opportunity for an informal hearing when
required to by the regulations, and if the PHA denies a request for a reasonable
accommodation (see Chapter 2).
Remote Informal Hearings [PIH Notice 2020-32]
There is no requirement that informal hearings be conducted in-person, and as such,
HUD allows PHAs to conduct all or a portion of their informal hearings remotely either
over the phone, via video conferencing, or through other virtual methods. If the PHA
chooses to conduct remote informal hearings, applicants may still request an in-person
informal hearing, as applicable.
PHA Policy
The PHA has the sole discretion to require informal hearings be conducted
remotely in case of local, state, or national physical distancing orders, and in
cases of inclement weather or natural disaster.
In addition, the PHA will conduct an informal hearing remotely upon request as a
reasonable accommodation for a person with a disability, if a participant does not
have childcare or transportation that would enable them to attend the informal
hearing, or if the participant believes an in-person hearing would create an undue
health risk. The PHA will consider other reasonable requests for a remote
informal hearing on a case-by-case basis.
Ensuring Accessibility for Persons with Disabilities and LEP Individuals
As with in-person informal hearings, the platform for conducting remote informal
hearings must be accessible to persons with disabilities and the informal hearings must
be conducted in accordance with Section 504 and accessibility requirements. This
includes ensuring any information, websites, emails, digital notifications, and other
virtual platforms are accessible for persons with vision, hearing, and other disabilities.
Further, providing effective communication in a digital context may require the use of
individualized auxiliary aids or services, such as audio description, captioning, sign
language and other types of interpreters, keyboard accessibility, accessible documents,
screen reader support, and transcripts. Auxiliary aids or services must be provided in
accessible formats, in a timely manner, and in such a way to protect the privacy and
independence of the individual. PHAs may never request or require that individuals with
disabilities provide their own auxiliary aids or services, including for remote informal
hearings.
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PHAs are required to make reasonable accommodations in policies, practices, and
procedures to ensure persons with disabilities have a full and equal opportunity to
participate in and benefit from all aspects of the informal hearing process. See Chapter
2 for a more detailed discussion of reasonable accommodation requirements.
If no method of conducting a remote informal hearing is available that appropriately
accommodates an individual’s disability, the PHA may not hold against the individual
their inability to participate in the remote informal hearing, and the PHA should consider
whether postponing the remote hearing to a later date is appropriate or whether there is
a suitable alternative.
Due to the individualized nature of disability, the appropriate auxiliary aid or service
necessary, or reasonable accommodation will depend on the specific circumstances
and requirements.
As with in-person reviews, Limited English Proficiency (LEP) requirements also apply to
remote informal hearings, including the use of interpretation services and document
translation. See Chapter 2 for a more thorough discussion of accessibility and LEP
requirements, all of which apply in the context of remote informal hearings.
Conducting Informal Hearings Remotely
The PHA must ensure that the lack of technology or inability to use technology for
remote informal hearings does not pose a disadvantage to families that may not be
apparent to the PHA. The PHA should determine through a survey or other means if
these barriers exist prior to conducting the remote informal hearing and, if the family
does not have the proper technology to fully participate, either postpone the informal
hearing or provide an alternative means of access.
As with in-person informal hearings, the PHA must provide all materials presented,
whether paper or electronic, to the family prior to the remote informal hearing. The
family must also be provided with an accessible means by which to transmit their own
evidence.
The PHA’s essential responsibility is to ensure informal hearings meet the requirements
of due process and comply with HUD regulations. Therefore, all PHA policies and
processes for remote informal hearings will be conducted in accordance with due
process requirements, and will be in compliance with HUD regulations at 24 CFR
982.555 and the guidance for conducting remote hearings specified in Notice PIH 2020-
32.
PHA Policy
The PHA will conduct remote informal hearings via a video conferencing
platform, when available. If, after attempting to resolve any barriers, participants
are unable to adequately access the video conferencing platform at any point, or
upon request, the informal hearing will be conducted by telephone conferencing
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call-in. If the family is unable to adequately access the telephone conferencing
call-in at any point, the remote informal hearing will be postponed, and an in-
person alternative will be provided promptly within a reasonable time.
At least five business days prior to the scheduled remote hearing, the PHA will
provide the family with login information and/or conferencing call-in information
and an electronic copy of all materials being presented via first class mail and/or
email. The notice will advise the family of technological requirements for the
hearing and request the family notify the PHA of any known barriers. The PHA
will resolve any barriers using the guidance in Section 6 of Notice PIH 2020-32,
including offering the family the opportunity to attend an in-person hearing.
The PHA will follow up with a phone call and/or email to the family at least one
business day prior to the remote informal hearing to ensure that the family
received all information and is comfortable accessing the video conferencing or
call-in platform.
The PHA will ensure that all electronic information stored or transmitted with
respect to the informal hearing is secure, including protecting personally
identifiable information (PII), and meets the requirements for accessibility for
persons with disabilities and persons with LEP.
Informal Hearing Procedures
Notice to the Family [24 CFR §982.555(c)]
When the PHA makes a decision that is subject to informal hearing procedures, the
PHA must inform the family of its right to an informal hearing at the same time that it
informs the family of the decision.
For decisions related to the family’s annual or adjusted income, the determination of the
appropriate utility allowance, and the determination of the family unit size, the PHA must
notify the family that they may ask for an explanation of the basis of the determination,
and that if they do not agree with the decision, they may request an informal hearing on
the decision.
For decisions related to the termination of the family’s assistance, or the denial of a
family’s request for an exception to the PHA’s subsidy standards, the notice must
contain a brief statement of the reasons for the decision, a statement that if the family
does not agree with the decision, the family may request an informal hearing on the
decision, and a statement of the deadline for the family to request an informal hearing.
PHA Policy
In cases where the PHA makes a decision for which an informal hearing must be
offered, the notice to the family will include all of the following:
The proposed action or decision of the PHA.
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A brief statement of the reasons for the decision including the regulatory
reference.
The date the proposed action will take place.
A statement of the family’s right to an explanation of the basis for the
PHA’s decision.
A statement that if the family does not agree with the decision, the family
may request an informal hearing of the decision.
A deadline for the family to request the informal hearing.
To whom the hearing request should be addressed.
A copy of the PHA’s hearing procedures.
That the family may request a remote informal hearing.
Scheduling an Informal Hearing [24 CFR §982.555(d)]
When an informal hearing is required, the PHA must proceed with the hearing in a
reasonably expeditious manner upon the request of the family.
PHA Policy
A request for an informal hearing must be made in writing and delivered to the
PHA either in person or by first class mail, by the close of the business day, no
later than 10 business days from the date of the PHA’s decision or notice to
terminate assistance.
The PHA must schedule and send written notice of the informal hearing to the
family within 10 business days of the family’s request. If the PHA hearing will be
conducted remotely, at the time the notice is sent to the family, the family will be
notified:
Regarding the processes involved in a remote informal hearing;
That the PHA will provide technical assistance prior to and during the
informal hearing, if needed; and
That if the family or any individual witness has any technological,
resource, or accessibility barriers, the family may inform the PHA and the
PHA will assist the family in either resolving the issue or allow the family to
participate in an in-person hearing, as appropriate.
The family may request to reschedule a hearing for good cause, or if it is needed
as a reasonable accommodation for a person with disabilities. Good cause is
defined as an unavoidable conflict, which seriously affects the health, safety or
welfare of the family. Requests to reschedule a hearing must be made orally or in
writing prior to the hearing date. At its discretion, the PHA may request
documentation of the “good cause” prior to rescheduling the hearing.
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If the family does not appear within 20 minutes of the scheduled time the hearing
will proceed without the family and the PHA’s decision will stand. The PHA will
reschedule the hearing only if the family can show good cause for the failure to
appear or if necessary as a reasonable accommodation.
Pre-Hearing Right to Discovery [24 CFR §982.555(e)]
Participants and the PHA are permitted pre-hearing discovery rights.
The family must be given the opportunity to examine before the hearing any PHA
documents that are directly relevant to the hearing. The family must be allowed to copy
any such documents at their own expense. If the PHA does not make the document
available for examination on request of the family, the PHA may not rely on the
document at the hearing.
For the purpose of informal hearings, documents include records and regulations.
If the hearing will be conducted remotely, the PHA will compile a hearing packet,
consisting of all documents the PHA intends to produce at the informal hearing.
The PHA will mail, email, or hand-deliver, copies of the hearing packet to the
family, the family’s representatives, if any, and the hearing officer at least three
days before the scheduled remote informal hearing. The original hearing packet
will be in the possession of the PHA representative and retained by the PHA.
Documents will be shared electronically whenever possible.
The PHA hearing procedures may provide that the PHA must be given the opportunity
to examine at the PHA offices before the hearing any family documents that are directly
relevant to the hearing. The PHA must be allowed to copy any such document at the
PHA’s expense. If the family does not make the document available for examination on
request of the PHA, the family may not rely on the document at the hearing.
PHA Policy
For in-person hearings, the PHA will not require pre-hearing discovery by the
PHA of family documents directly relevant to the hearing.
If the informal hearing is to be conducted remotely, the PHA will require the
family to provide any documents directly relevant to the informal hearing at least
24 hours before the scheduled hearing through the mail, via email, or text. The
PHA will scan and email copies of these documents to the hearing officer and the
PHA representative the same day.
Documents will be shared electronically whenever possible.
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Participant’s Right to Bring Counsel [24 CFR §982.555(e)(3)]
At its own expense, the family may be represented by a lawyer or other representative
at the informal hearing.
Informal Hearing Officer [24 CFR 982.555(e)(4)]
Informal hearings will be conducted by a person or persons approved by the PHA, other
than the person who made or approved the decision or a subordinate of the person who
made or approved the decision.
PHA Policy
The PHA will contract a hearing officer.
Attendance at the Informal Hearing
PHA Policy
Hearings may be attended by a hearing officer and the following applicable
persons:
A PHA representative and any witnesses for the PHA
The participant and any witnesses for the participant
The participant’s counsel or other representative
Any other person approved by the PHA as a reasonable accommodation
for a person with a disability
Conduct at Hearings
The person who conducts the hearing may regulate the conduct of the hearing in
accordance with the PHA’s hearing procedures [24 CFR 982.555(4)(ii)].
PHA Policy
The hearing officer is responsible to manage the order of business and to ensure
that hearings are conducted in a professional and businesslike manner.
Attendees are expected to comply with all hearing procedures established by the
hearing officer and guidelines for conduct. Any person demonstrating disruptive,
abusive or otherwise inappropriate behavior will be excused from the hearing at
the discretion of the hearing officer.
All hearings will be recorded.
Evidence [24 CFR §982.555(e)(5)]
The PHA and the family must be given the opportunity to present evidence and question
any witnesses. In general, all evidence is admissible at an informal hearing. Evidence
may be considered without regard to admissibility under the rules of evidence applicable
to judicial proceedings.
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PHA Policy
Any evidence to be considered by the hearing officer must be presented at the
time of the hearing. There are four categories of evidence.
(1)
Oral evidence: the testimony of witnesses
(2)
Documentary evidence: a writing that is relevant to the case, for
example, a letter written to the PHA. Writings include all forms of
recorded communication or representation, including letters, words,
pictures, sounds, videotapes or symbols, or combinations thereof:
-
Police Reports are documentary evidence and will take the
place of an officer’s presence at the informal hearing.
(3)
Demonstrative evidence: Evidence created specifically for the hearing
and presented as an illustrative aid to assist the hearing officer, such as
a model, a chart or other diagram.
(4)
Real evidence: A tangible item relating directly to the case.
Hearsay Evidence is evidence based not on a witness’ personal knowledge. In and of
itself, hearsay evidence carries no weight when making a finding of fact. The hearing
officer may include hearsay evidence when considering their decision if it is
corroborated by other evidence. Even though hearsay evidence is generally admissible
in a hearing, the hearing officer will not base a hearing decision on hearsay alone
unless there is clear probative value and credibility of the evidence, and the party
seeking the change has met the burden of proof.
If either the PHA (or the family, if required in a remote hearing) fail to comply with the
discovery requirements described above, the hearing officer will refuse to admit such
evidence.
Other than the failure of a party to comply with discovery, the hearing officer has the
authority to overrule any objections to evidence.
Procedures for Rehearing or Further Hearing
PHA Policy
The hearing officer may ask the family for additional information and/or might
adjourn the hearing in order to reconvene at a later date, before reaching a
decision. If the family misses an appointment or deadline ordered by the hearing
officer, the action of the PHA will take effect and another hearing will not be
granted.
Hearing Officer’s Decision [24 CFR §982.555(e)(6)]
The person who conducts the hearing must issue a written decision, stating briefly the
reasons for the decision. Factual determinations relating to the individual circumstances
of the family must be based on a preponderance of evidence presented at the hearing.
PHA Policy
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In rendering a decision, the hearing officer will consider the following matters:
PHA Notice to the Family: The hearing officer will determine if the
reasons for the PHA’s decision are factually stated in the Notice.
Discovery: The hearing officer will determine if the PHA and the family
were given the opportunity to examine any relevant documents in
accordance with PHA policy.
PHA Evidence to Support the PHA Decision: The evidence consists of
the facts presented. Evidence is not conclusion and it is not argument.
The hearing officer will evaluate the facts to determine if they support the
PHA’s conclusion.
Validity of Grounds for Termination of Assistance (when applicable):
The hearing officer will determine if the termination of assistance is for one
of the grounds specified in the HUD regulations and PHA policies. If the
grounds for termination are not specified in the regulations or in
compliance with PHA policies, then the decision of the PHA will be
overturned.
The hearing officer will issue a written decision to the family and the PHA no later than
10 business days after the hearing. The report will contain the following information:
Hearing information:
Name of the participant
Date, time and place of the hearing
Name of the hearing officer
Name of the PHA representative, and
Name of family representative (if any).
Background: A brief, impartial statement of the reason for the hearing.
Summary of the Evidence: The hearing officer will summarize the testimony of
each witness and identify any documents that a witness produced in support of
their testimony and that are admitted into evidence.
Findings of Fact: The hearing officer will include all findings of fact, based on a
preponderance of the evidence. 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.
Conclusions: The hearing officer will render a conclusion derived from the facts
that were found to be true by a preponderance of the evidence. The conclusion
will result in a determination of whether these facts uphold the PHA’s decision.
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Order: The hearing report will include a statement of whether the PHA’s decision
is upheld or overturned. If it is overturned, the hearing officer will instruct the PHA
to change the decision in accordance with the hearing officer’s determination. In
the case of termination of assistance, the hearing officer will instruct the PHA to
restore the participant’s program status.
Issuance of Decision [24 CFR §982.555(e)(6)]
A copy of the hearing must be furnished promptly to the family.
PHA Policy
The hearing officer will provide a “Notice of Hearing Decision” to the PHA and
the PHA will provide the written decision to the participant.
This notice will be sent via mail and electronically if possible to the participant. A
copy of the “Notice of Hearing Decision” will be maintained in the PHA’s file.
Effect of Final Decision [24 CFR §982.555(f)]
The PHA is not bound by the decision of the hearing officer for matters in which the
PHA is not required to provide an opportunity for a hearing, decisions that exceed the
authority of the hearing officer, decisions that conflict with or contradict HUD
regulations, requirements, or are otherwise contrary to federal, state, or local laws.
If the PHA determines it is not bound by the hearing officer’s decision in accordance
with HUD regulations, the PHA must promptly notify the family of the determination and
the reason for the determination.
PHA Policy
The Executive Director has the authority to determine that the PHA is not bound
by the decision of the hearing officer because the PHA was not required to
provide a hearing, the decision exceeded the authority of the hearing officer, the
decision conflicted with or contradicted HUD regulations, requirements, or the
decision was otherwise contrary to federal, state, or local laws.
In such a case, the PHA will issue a written determination and an explanation of
the PHA's position. The written determination will be promptly sent to the family
via mail and electronically if possible. A copy of this determination will be
maintained in the PHA’s file.
16-III.D. HEARING AND APPEAL PROVISIONS FOR NON-CITIZENS [24 CFR §5.514]
Denial or termination of assistance based on immigration status is subject to special
hearing and notice rules. Applicants who are denied assistance due to immigration
status are entitled to an informal hearing, not an informal review.
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Assistance to a family may not be delayed, denied, or terminated on the basis of
immigration status at any time prior to a decision under the United States Citizenship
and Immigration Services (USCIS) appeal process.
Assistance to a family may not be terminated or denied while the PHA hearing is
pending, but assistance to an applicant may be delayed pending the completion of the
informal hearing.
A decision against a family member, issued in accordance with the USCIS appeal
process or the PHA informal hearing process, does not preclude the family from
exercising the right, that may otherwise be available, to seek redress directly through
judicial procedures.
Notice of Denial or Termination of Assistance [24 CFR §5.514(d)]
The notice of denial or termination of assistance for noncitizens must advise the family:
That financial assistance will be denied or terminated, and provide a brief
explanation of the reasons for the proposed denial or termination of assistance.
The family may be eligible for proration of assistance.
In the case of a participant, the criteria and procedures for obtaining relief fund
the provisions for preservation of families [24 CFR §5.514 and §5.518].
That the family has a right to request an appeal to the USCIS of the results of
secondary verification of immigration status and to submit additional
documentation or explanation in support of the appeal.
That the family has a right to request an informal hearing with the PHA either
upon completion of the USCIS appeal or in lieu of the USCIS appeal.
For applicants, assistance may not be delayed until the conclusion of the USCIS
appeal process, but assistance may be delayed during the period of the informal
hearing process.
USCIS Appeal Process [24 CFR §5.514(e)]
When the PHA receives notification that the USCIS secondary verification failed to
confirm eligible immigration status, the PHA must notify the family of the results of the
USCIS verification.
The family will have 30 days from the date of the notification to request an appeal of the
USCIS results. The request for appeal must be made by the family in writing directly to
the USCIS. The family must provide the PHA with a copy of the written request for
appeal and the proof of mailing.
PHA Policy
The PHA will notify the family in writing of the results of the USCIS secondary
verification within 10 business days of receiving the results.
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The family must provide the PHA with a copy of the written request for appeal
and proof of mailing within 10 business days of sending the request to the
USCIS.
The family must forward to the designated USCIS office any additional documentation
or written explanation in support of the appeal. This material must include a copy of the
USCIS document verification request (used to process the secondary request) or such
other form specified by the USCIS, and a letter indicating that the family is requesting
an appeal of the USCIS immigration status verification results.
The USCIS will notify the family, with a copy to the PHA, of its decision. When the
USCIS notifies the PHA of the decision, the PHA must notify the family of its right to
request an informal hearing.
PHA Policy
The PHA will send written notice to the family of its right to request an informal
hearing within 10 business days of receiving notice of the USCIS decision
regarding the family’s immigration status.
Informal Hearing Procedures for Applicants [24 CFR §5.514(f)]
After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS,
the family may request that the PHA provide a hearing. The request for a hearing must
be made either within 30 days of receipt of the PHA notice of denial or termination, or
within 30 days of receipt of the USCIS appeal decision.
The informal hearing procedures for applicant families are described below.
Informal Hearing Officer
The PHA must provide an informal hearing before an impartial individual, other than a
person who made or approved the decision under review, and other than a person who
is a subordinate of the person who made or approved the decision. See Section 16-
III.C. for a listing of positions that serve as informal hearing officers.
Evidence
The family must be provided the opportunity to examine and copy at the family’s
expense, at a reasonable time in advance of the hearing, any documents in the
possession of the PHA pertaining to the family’s eligibility status, or in the possession of
the USCIS (as permitted by USCIS requirements), including any records and
regulations that may be relevant to the hearing.
The family must be provided the opportunity to present evidence and arguments in
support of eligible status. Evidence may be considered without regard to admissibility
under the rules of evidence applicable to judicial proceedings.
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The family must also be provided the opportunity to refute evidence relied upon by the
PHA, and to confront and cross-examine all witnesses on whose testimony or
information the PHA relies.
Representation and Interpretive Services
The family is entitled to be represented by an attorney or other designee, at the family’s
expense, and to have such person make statements on the family’s behalf.
The family is entitled to request an interpreter. Upon request, the PHA will provide
competent interpretation services, free of charge.
Recording of the Hearing
The family is entitled to have the hearing recorded by audiotape. The PHA may, but is
not required to provide a transcript of the hearing.
Hearing Decision
The PHA must provide the family with a written final decision, based solely on the facts
presented at the hearing, within 14 calendar days of the date of the informal hearing.
The decision must state the basis for the decision.
Informal Hearing Procedures for Residents [24 CFR §5.514(f)]
After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS,
the family may request that the PHA provide a hearing. The request for a hearing must
be made either within 30 days of receipt of the PHA notice of termination, or within 30
days of receipt of the USCIS appeal decision.
For the informal hearing procedures that apply to participant families whose assistance
is being terminated based on immigration status, see Section 16-III.C.
Retention of Documents [24 CFR §5.514(h)]
The PHA must retain for a minimum of 5 years the following documents that may have
been submitted to the PHA by the family, or provided to the PHA as part of the USCIS
appeal or the PHA informal hearing process:
The application for assistance
The form completed by the family for income reexamination
Photocopies of any original documents, including original USCIS documents
The signed verification consent form
The USCIS verification results
The request for an USCIS appeal
The final USCIS determination
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The request for an informal hearing
The final informal hearing decision
16-33
PART IV: OWNER OR FAMILY DEBTS TO THE PHA
16-IV.A. OVERVIEW
PHAs are required to include in the administrative plan, policies concerning repayment
by a family of amounts owed to the PHA [24 CFR 982.54].
If the family breaches an agreement with the PHA to pay amounts owed to a PHA, or
amounts paid to an owner by a PHA, the PHA, at its discretion, may offer a family the
opportunity to enter an agreement to pay amounts owed to a PHA or amounts paid to
an owner by a PHA. The PHA may prescribe the terms of the agreement [24 CFR
982.552(c)(1)(vii)].
This part describes the PHA’s policies for recovery of monies owed to the PHA by
families or owners.
PHA Policy
When an action or inaction of an owner or participant results in the overpayment
of housing assistance, the PHA holds the owner or participant liable to return any
overpayments to the PHA.
The PHA will enter into repayment agreements in accordance with the policies
contained in this part as a means to recover overpayments.
16-IV.B. REPAYMENT POLICY
Owner Debts to the PHA
PHA Policy
Any amount due to the PHA by an owner must be repaid by the owner within 30
days of the PHA determination of the debt.
If the owner fails to repay the debt within the required time frame and is entitled
to future HAP payments, the PHA will reduce the future HAP payments by the
amount owed until the debt is paid in full.
If the owner is not entitled to future HAP payments the PHA may, in its sole
discretion, offer to enter into a repayment agreement on terms prescribed by the
PHA.
If the owner refuses to repay the debt, does not enter into a repayment
agreement, or breaches a repayment agreement, the PHA will ban the owner
from future participation in the program and pursue other modes of collection.
When an owner refuses to repay monies owed to the PHA, the PHA will utilize
other available collection alternatives including, but not limited to, the following:
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Collection agencies
Small claims court
Civil lawsuit
State income tax set-off program
Family Debts to the PHA
Families are required to reimburse the PHA if they were charged less rent than required
because the family either underreported or failed to report income. PHAs are required to
determine retroactive rent amounts as far back as the PHA has documentation of family
unreported income [Notice PIH 2018-18].
PHA Policy
Any amount owed to the PHA by an HCV family must be repaid by the family. If
the family is unable to repay the debt within 30 days, the PHA will offer to enter
into a repayment agreement in accordance with the policies below.
Refusal to Enter into an Agreement
If the family refuses to repay the debt, does not enter into a repayment agreement, or
breaches a repayment agreement, the PHA must terminate assistance [Notice PIH
2018-18].
PHA Policy
When a family refuses to repay monies owed to the PHA, in addition to
termination of program assistance, the PHA will utilize other available collection
alternatives including, but not limited to, the following:
Collection agencies
Small claims court
Civil lawsuit
State income tax set-off program
Repayment Agreement [24 CFR §792.103]
The term repayment agreement refers to a formal document signed by a tenant or
owner and provided to the PHA in which a tenant or owner acknowledges a debt in a
specific amount and agrees to repay the amount due at specific time periods.
General Repayment Agreement Guidelines for Families
Down Payment Requirement
PHA Policy
Before executing a repayment agreement with a family, the PHA will generally
require a down payment of 10 percent of the total amount owed. If the family can
16-35
provide evidence satisfactory to the PHA that a down payment of 10 percent
would impose an undue hardship, the PHA may, in its sole discretion, require a
lesser percentage or waive the requirement.
Payment Thresholds
PIH Notice 2018-18 recommends that the total amount that a family must pay each
month—the family’s monthly share of rent plus the monthly debt repayment
amount—should not exceed 40 percent of the family’s monthly-adjusted income.
However, a family may already be paying 40 percent or more of its monthly-adjusted
income in rent. Moreover, PIH Notice 2018-18 acknowledges that PHAs have the
discretion to establish “thresholds and policies” for repayment agreements with families
[24 CFR §982.552(c)(1)(vii)].
PHA Policy
The monthly repayment amount plus the amount of rent the tenant pays at the
time the repayment agreement is executed should be affordable and not exceed
40 percent of the family’s monthly adjusted income.
If a family can provide evidence satisfactory to the PHA that the threshold
applicable to the family’s debt would impose an undue hardship, the PHA may, in
its sole discretion, determine that a lower monthly payment amount is
reasonable. In making its determination, the PHA will consider all relevant
information, including the following:
The amount owed by the family to the PHA
The reason for the debt, including whether the debt was the result of
family action/inaction or circumstances beyond the family’s control
The family’s current and potential income and expenses
The family’s current family share, as calculated under 24 CFR 982.515
The family’s history of meeting its financial responsibilities
The minimum monthly amount of monthly payment for any payment agreement is $50.
Any payment agreement in excess of 36 months requires the approval from the Housing
Manager.
Execution of the Agreement
All repayment agreements must be in writing, dated, and signed by both the family and
the PHA [Notice PIH 2018-18].
PHA Policy
Any repayment agreement between the PHA and a family must be signed and
dated by the PHA and by the head of household and spouse/cohead (if
applicable).
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Due Dates
PHA Policy
All payments are due by the close of business on the 15th day of the month. If
the 15th does not fall on a business day, the due date is the close of business on
the first business day after the 15th.
Late or Missed Payments
PHA Policy
If a payment is not received by the end of the business day on the date due, and
prior approval for the missed payment has not been given by the PHA, the PHA
will send the family a delinquency notice giving the family 10 business days to
make the late payment.
If the payment is not received by the due date of the delinquency notice, it will be
considered a breach of the agreement and the PHA will terminate assistance in
accordance with the policies in Chapter 12.
If a family receives three delinquency notices for unexcused late payments in a
12-month period, the repayment agreement will be considered in default, and the
PHA will terminate assistance in accordance with the policies in Chapter 12.
No Offer of Repayment Agreement
PHA Policy
The PHA will not enter into a repayment agreement with a family if there is already
a repayment agreement in place with the family or if the amounts owed by the
family exceeds the federal or state threshold for criminal prosecution.
Repayment Agreements Terms
All repayment agreements must be in writing, dated, signed by both the family and the
PHA, include the total retroactive rent amount owed, any amount of lump sum payment
made at time of execution, if applicable, and the monthly repayment amount. PIH Notice
2018-18 requires certain provisions, at a minimum, to be included in any repayment
agreement involving amounts owed by a family because it underreported or failed to
report income:
A reference to the items in the family briefing packet that state the family’s
obligation to provide true and complete information at every reexamination and
the grounds on which the PHA may terminate assistance because of a family’s
action or failure to act
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A statement clarifying that each month the family not only must pay to the PHA
the monthly payment amount specified in the agreement but must also pay to the
owner the family’s monthly share of the rent to owner
A statement that the terms of the repayment agreement may be renegotiated if
the family’s income decreases or increases
A statement that late or missed payments constitute default of the repayment
agreement and may result in termination of assistance
PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP)
16-V.A. OVERVIEW
The Section 8 Management Assessment Program (SEMAP) is a tool that allows HUD to
measure PHA performance in key areas to ensure program integrity and accountability.
SEMAP scores translate into a rating for each PHA as high performing, standard, or
troubled. Scores on individual SEMAP indicators, as well as overall SEMAP ratings, can
affect the PHA in several ways.
High-performing PHAs can be given a competitive advantage under notices of
funding availability [24 CFR §985.103].
PHAs with deficiencies on one or more indicators are required to correct the
deficiencies and report to HUD [24 CFR §985.106].
PHAs with an overall rating of “troubled” are subject to additional HUD oversight,
including on-site reviews by HUD staff, a requirement to develop a corrective
action plan, and monitoring to ensure the successful implementation of the
corrective action plan. In addition, PHAs that are designated “troubled” may not
use any part of the administrative fee reserve for other housing purposes [24
CFR §985.107].
HUD may determine that a PHA's failure to correct identified SEMAP deficiencies
or to prepare and implement a corrective action plan required by HUD constitutes
a default under the ACC [24 CFR §985.109].
16-V.B. SEMAP CERTIFICATION [24 CFR §985.101]
PHAs must submit the HUD-required SEMAP certification form within 60 calendar days
after the end of its fiscal year. The certification must be approved by PHA board
resolution and signed by the PHA housing manager. If the PHA is a unit of local
government or a state, a resolution approving the certification is not required, and the
certification must be executed by the Section 8 program director.
PHAs with less than 250 voucher units are only required to be assessed every other
PHA fiscal year. HUD will assess such PHAs annually if the PHA elects to have its
performance assessed on an annual basis; or is designated as “troubled” [24 CFR
§985.105].
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Failure of a PHA to submit its SEMAP certification within the required time frame will
result in an overall performance rating of “troubled.”
A PHA’s SEMAP certification is subject to HUD verification by an on-site confirmatory
review at any time. For small PHAs, HUD may conduct a remote confirmatory review.
Upon receipt of the PHA’s SEMAP certification, HUD will rate the PHA’s performance
under each SEMAP indicator in accordance with program requirements.
HUD Verification Method
Several of the SEMAP indicators are scored based on a review of a quality control
sample selected for this purpose. The PHA or the Independent Auditor must select an
unbiased sample that provides an adequate representation of the types of information to
be assessed, in accordance with SEMAP requirements [24 CFR §985.2].
If the HUD verification method for the indicator relies on data in the Form-50058 module
(formerly known as MTCS) in the PIH Information Center (PIC), and HUD determines
that those data are insufficient to verify the PHA's certification on the indicator due to the
PHA's failure to adequately report family data, HUD will assign a zero rating for the
indicator [24 CFR §985.3].
16-V.C. SEMAP INDICATORS [24 CFR §985.3 AND FORM HUD-52648]
The table below lists each of the SEMAP indicators, contains a description of each
indicator, and explains the basis for points awarded under each indicator.
A PHA that expends less than $300,000 in Federal awards and whose Section 8
programs are not audited by an independent auditor, is not to be rated under SEMAP
indicators 1-7.
SEMAP Indicators
Indicator 1: Selection from the waiting list
Maximum Score: 15
This indicator shows whether the PHA has written policies in its administrative
plan for selecting applicants from the waiting list and whether the PHA follows
these policies when selecting applicants from the waiting list.
Points are based on the percent of families that are selected from the waiting list
in accordance with the PHA’s written policies, according to the PHA’s quality
control sample.
Indicator 2: Rent Reasonableness
Maximum Score: 20
This indicator shows whether the PHA has and implements a reasonable written
method to determine and document for each unit leased that the rent to owner is
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reasonable based on current rents for comparable unassisted units at the
required times.
Points are based on the percent of units for which the PHA follows its written
method to determine reasonable rent and has documented its determination that
the rent to owner is reasonable, according to the PHA’s quality control sample.
Indicator 3: Determination of adjusted income
Maximum Score: 20
This indicator measures whether the PHA verifies and correctly determines
adjusted income for each assisted family, and where applicable, uses the
appropriate utility allowances for the unit leased in determining the gross rent.
Points are based on the percent of files that are calculated and verified correctly,
according to the PHA’s quality control sample.
Indicator 4: Utility allowance schedule
Maximum Score: 5
This indicator shows whether the PHA maintains an up-to-date utility allowance
schedule.
Points are based on whether the PHA has reviewed the utility allowance schedule
and adjusted it when required, according to the PHA’s certification.
Indicator 5: HQS quality control inspections
Maximum Score: 5
This indicator shows whether a PHA supervisor reinspects a sample of units
under contract during the PHA fiscal year, which meets the minimum sample size
requirements for quality control of HQS inspections.
Points are based on whether the required quality control reinspections were
completed, according to the PHA’s certification.
Indicator 6: HQS enforcement
Maximum Score: 10
This indicator shows whether, following each HQS inspection of a unit under
contract where the unit fails to meet HQS, any cited life-threatening deficiencies
are corrected within 24 hours from the inspection and all other deficiencies are
corrected within no more than 30 calendar days from the inspection or any PHA-
approved extension.
Points are based on whether the PHA corrects all HQS deficiencies in
accordance with required time frames, according to the PHA’s certification.
Indicator 7: Expanding Housing Opportunities
Maximum Points: 5
Only applies to PHAs with jurisdiction in metropolitan FMR areas.
This indicator shows whether the PHA has adopted and implemented a written
policy to encourage participation by owners of units located outside areas of
poverty or minority concentration; informs voucher holders of the full range of
areas where they may lease units both inside and outside the PHA’s jurisdiction;
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and supplies a list of landlords or other parties who are willing to lease units or
help families find units, including units outside areas of poverty or minority
concentration.
Points are based on whether the PHA has adopted and implemented written
policies in accordance with SEMAP requirements, according to the PHA’s
certification.
Indicator 8: FMR limit and payment standards
Maximum Points: 5 points
This indicator shows whether the PHA has adopted a payment standard schedule
that establishes payment standard amounts by unit size for each FMR area in the
PHA’s jurisdiction, that are within the basic range of 90 to 110 percent of the
published FMR.
Points are based on whether the PHA has appropriately adopted a payment
standard schedule(s), according to the PHA’s certification.
Indicator 9: Annual reexaminations
Maximum Points: 10
This indicator shows whether the PHA completes a reexamination for each
participating family at least every 12 months.
Points are based on the percent of reexaminations that are less than 2 months
overdue, according to data from PIC.
Indicator 10: Correct tenant rent calculations
Maximum Points: 5
This indicator shows whether the PHA correctly calculates the family’s share of
the rent to owner.
Points are based on the percent of correct calculations of family share of the rent
according to data from PIC.
Indicator 11: Pre-contract HQS inspections
Maximum Points: 5
This indicator shows whether newly leased units pass HQS inspection on or
before the effective date of the assisted lease and HAP contract.
Points are based on the percent of newly leased units that passed HQS
inspection on or before the effective date of the lease and HAP contract,
according to data from PIC.
Indicator 12: Annual HQS inspections
Maximum Points: 10
This indicator shows whether the PHA inspects each unit under contract at least
annually.
Points are based on the percent of annual HQS inspections of units under
contract that are more than 2 months overdue, according to data from PIC.
Indicator 13: Lease-up
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Maximum Points: 20 points
This indicator shows whether the PHA enters HAP contracts for at least 98
percent of the number of the PHA’s baseline voucher units in the ACC for the
calendar year ending on or before the PHA’s fiscal year, or whether the PHA has
expended at least 98 percent of its allocated budget authority for the same
calendar year. The PHA can receive 15 points if 95 to 97 percent of vouchers are
leased or budget authority is utilized.
Points are based on utilization of vouchers and HAP expenditures as reported in
the voucher management system (VMS) for the most recently completed
calendar year.
Indicator 14: Family self-sufficiency (FSS) enrollment and escrow account
balances
Maximum Points: 10
Only applies to PHAs with mandatory FSS programs.
This indicator shows whether the PHA has enrolled families in the FSS program
as required and measures the percent of current FSS participants that have had
increases in earned income which resulted in escrow account balances.
Points are based on the percent of mandatory FSS slots that are filled and the
percent of families with escrow account balances, according to data from PIC.
Success Rate of Voucher Holders
Maximum Points: 5
Only applies to PHAs that have received approval to establish success rate
payment standard amounts and isn’t effective until the second full PHA fiscal year
following the date of HUD approval of success rate payment standard amounts.
This indicator shows whether voucher holders were successful in leasing units
with voucher assistance.
Points are based on the percent of families that were issued vouchers, and that
became participants in the voucher program.
Deconcentration Bonus Indicator
Maximum Points: 5
Submission of data for this indicator is mandatory for a PHA using one or more
payment standard amount(s) that exceed(s) 100 percent of the published FMR
set at the 50th percentile rent, starting with the second full PHA fiscal year
following initial use of payment standard amounts based on the FMRs set at the
50th percentile.
Additional points are available to PHAs that have jurisdiction in metropolitan FMR
areas and that choose to submit the required data.
Points are based on whether the data that is submitted meets the requirements
for bonus points.
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PART VI: RECORD KEEPING
16-VI.A. OVERVIEW
The PHA must maintain complete and accurate accounts and other records for the
program in accordance with HUD requirements, in a manner that permits a speedy and
effective audit. All such records must be made available to HUD or the Comptroller
General of the United States upon request.
In addition, the PHA must ensure that all applicant and participant files are maintained
in a way that protects an individual’s privacy rights.
16-VI.B. RECORD RETENTION [24 CFR §982.158; 24 CFR §908.101]
During the term of each assisted lease, and for at least three years thereafter, the PHA
must keep:
A copy of the executed lease;
The HAP contract; and
The application from the family.
In addition, the PHA must keep the following records for at least three years:
Records that provide income, racial, ethnic, gender, and disability status data on
program applicants and participants;
An application from each ineligible family and notice that the applicant is not
eligible;
HUD-required reports;
Unit inspection reports;
Lead-based paint records as required by 24 CFR 35, Subpart B.
Accounts and other records supporting PHA budget and financial statements for
the program;
Records to document the basis for PHA determination that rent to owner is a
reasonable rent (initially and during the term of a HAP contract); and
Other records specified by HUD.
The PHA must keep the last three years of the Form HUD-50058 and supporting
documentation during the term of each assisted lease, and for a period of at least three
years from the end of participation (EOP) date [24 CFR 908.101].
The PHA must maintain Enterprise Income Verification (EIV) system Income Reports in
the tenant file for the duration of the tenancy but for a period not to exceed three years
from the EOP date [Notice PIH 2018-18].
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PIH Notice 2014-20 requires PHAs to keep records of all complaints, investigations,
notices, and corrective actions related to violations of the Fair Housing Act or the equal
access final rule.
PHA Policy
The PHA will keep for at least three years records of all complaints,
investigations, notices, and corrective actions related to violations of the Fair
Housing Act, the equal access final rule, or VAWA.
The PHA must keep confidential records of all emergency transfer requested by victims
of domestic violence, dating violence, sexual assault, stalking, and human trafficking
under the PHA’s Emergency Transfer Plan, as well as the outcomes of such requests,
and retain the records for a period of three years [see 24 CFR §5.2002(e)(12)].
PHA Policy
All documents related to a family’s tenancy, and termination will be kept at least
for three years.
If an informal hearing to establish a family’s citizenship status is held, longer retention
requirements apply for some types of documents. For specific requirements, see
Section 16-III.D., Retention of Documents.
16-VI.C. RECORDS MANAGEMENT
PHAs must maintain applicant and participant files and information in accordance with
the regulatory requirements described below.
PHA Policy
All applicant and participant information will be kept in a secure location and
access will be limited to authorized PHA staff.
PHA staff will not discuss personal family information unless there is a business
reason to do so. Inappropriate discussion of family information or improper
disclosure of family information by staff will result in disciplinary action.
When discussing sensitive PII on the telephone, PHA staff will confirm that they
are speaking to the right person before discussing the information and inform
him/her that the discussion will include sensitive information. PHA staff will not
leave messages containing sensitive PII on voicemail.
Privacy Act Requirements [24 CFR §5.212; Form HUD 9886-A]
The collection, maintenance, use, and dissemination of social security numbers (SSN),
employer identification numbers (EIN), any information derived from these numbers,
and income information of applicants and participants must be conducted, to the extent
applicable, in compliance with the Privacy Act of 1974, and all other provisions of
Federal, State, and local law.
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Applicants and participants, including all adults in the household, are required to sign a
consent form - form HUD-9886-A, Authorization for Release of Information. This form
incorporates the Federal Privacy Act Statement and describes how the information
collected using the form may be used, and under what conditions HUD or the PHA may
release the information collected.
Upfront Income Verification (UIV) Records
PHAs that access UIV data through HUD’s Enterprise Income Verification (EIV) system
are required to adopt and follow specific security procedures to ensure that all EIV data
is protected in accordance with federal laws, regardless of the media on which the data
is recorded (e.g. electronic, paper). These requirements are contained in the HUD-
issued document, Enterprise Income Verification (EIV) System, Security Procedures for
Upfront Income Verification data.
PHA Policy
The City of Chandler Housing and Redevelopment Division will adopt and
implement HUD’s Enterprise Income Verification (EIV) system security
procedures required by HUD as set forth in Version 1.4, November 2005.
Criminal Records
The PHA may only disclose the criminal conviction records which the PHA receives
from a law enforcement agency to officers or employees of the PHA, or to authorized
representatives of the PHA who have a job-related need to have access to the
information [24 CFR §5.903(e)].
The PHA must establish and implement a system of records management that ensures
that any criminal record received by the PHA from a law enforcement agency is
maintained confidentially, not misused or improperly disseminated, and destroyed, once
the purpose for which the record was requested has been accomplished, including
expiration of the period for filing a challenge to the PHA action without institution of a
challenge or final disposition of any such litigation [24 CFR §5.903(g)].
The PHA must establish and implement a system of records management that ensures
that any sex offender registration information received by the PHA from a State or local
agency is maintained confidentially, not misused or improperly disseminated, and
destroyed, once the purpose for which the record was requested has been
accomplished, including expiration of the period for filing a challenge to the PHA action
without institution of a challenge or final disposition of any such litigation. However, a
record of the screening, including the type of screening and the date performed must be
retained [PIH Notice 2012-28].
This requirement does not apply to information that is public information or is obtained
by a PHA other than under 24 CFR §5.905.
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Medical/Disability Records
PHAs are not permitted to inquire about the nature or extent of a person’s disability. The
PHA may not inquire about a person’s diagnosis or details of treatment for a disability or
medical condition. If the PHA receives a verification document that provides such
information, the PHA should not place this information in the tenant file. The PHA
should destroy the document.
Documentation of Domestic Violence, Dating Violence, Sexual Assault, Stalking,
or Human Trafficking
For requirements and PHA policies related to management of documentation obtained
from victims of domestic violence, dating violence, sexual assault, stalking, or human
trafficking see Section 16-IX.E.
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PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN
WITH ELEVATED BLOOD LEAD LEVEL
16-VII.A. OVERVIEW
THE PHA HAS CERTAIN RESPONSIBILITIES RELATIVE TO CHILDREN WITH ELEVATED
BLOOD LEAD LEVELS THAT ARE RECEIVING HCV ASSISTANCE. THE
NOTIFICATION, VERIFICATION, AND HAZARD REDUCTION REQUIREMENTS ARE
DISCUSSED IN CHAPTER 8. THIS PART DEALS WITH THE REPORTING
REQUIREMENTS, AND DATA COLLECTION AND RECORD KEEPING
RESPONSIBILITIES TO WHICH THE PHA IS SUBJECT.
16-VII.B. REPORTING REQUIREMENT [24 CFR §35.1225(E); PIH NOTICE 2017-13]
The owner must report the name and address of a child identified as having an elevated
blood lead level to the public health department within 5 business days of being so
notified by any other medical health care professional. The owner must also notify the
HUD field office and the HUD Office of Lead Hazard Control and Healthy Homes
(OLHCHH) of the child’s address within five business days.
The PHA may collaborate with the owner on the notification process, such as by
agreeing with the owner to provide the required notifications on the owner’s behalf.
PHA Policy
Upon notification by the owner, the PHA will provide the public health department
written notice of the name and address of any child identified as having an
elevated blood lead level within five business days.
Upon notification by the owner, the PHA will notify the HUD field office and the
HUD Office of Lead Hazard Control and Healthy Homes (OLHCHH) of the child’s
address within five business days.
16-VII.C. DATA COLLECTION AND RECORD KEEPING [24 CFR §35.1225(F)]
At least quarterly, the PHA must attempt to obtain from the public health department(s)
with a similar area of jurisdiction, the names and/or addresses of children less than 6
years old with an elevated blood lead level.
If the PHA obtains names and addresses of elevated blood lead level children from the
public health department(s), the PHA must match this information with the names and
addresses of families receiving HCV assistance, unless the public health department
performs such a procedure. If a match occurs, the PHA must carry out the notification,
verification, and hazard reduction requirements discussed in Chapter 8, and the
reporting requirement discussed above.
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At least quarterly, the PHA must also report an updated list of the addresses of units
receiving assistance under the HCV program to the same public health department(s),
unless the public health department(s) states that it does not wish to receive such a
report.
PHA Policy
The public health department(s) has stated they do not wish to receive a report
of an updated list of the addresses of units receiving assistance under the HCV
program, on a quarterly basis. Therefore, the PHA is not providing such a report.
PART VIII: DETERMINATION OF INSUFFICIENT FUNDING
16-VIII.A. OVERVIEW
The HCV regulations allow PHAs to deny families permission to move and to terminate
Housing Assistance Payments (HAP) contracts if funding under the consolidated ACC is
insufficient to support continued assistance [24 CFR §982.354(e)(1) and §982.454].
If a PHA denies a family a portability move based on insufficient funding, the PHA is
required to notify the local HUD office within 10 business days [24 CFR §982.354].
Insufficient funding may also impact the PHA’s ability to issue vouchers to families on
the waiting list. This part discusses the methodology the PHA will use to determine
whether or not the PHA has sufficient funding to issue vouchers, approve moves, and to
continue subsidizing all families currently under a HAP contract. The PHA must identify
in the administrative plan, in the event of insufficient funding, considering any cost
saving measures taken by the PHA, a description of the factors the PHA will consider
when determining which HAP contracts to terminate first. See Chapter 12 for a
description of these factors.
16-VIII.B. METHODOLOGY
PHA Policy
The PHA will determine whether there is adequate funding to issue vouchers,
approve moves to higher cost units and areas, and continue subsidizing all
current participants by comparing the PHA’s annual budget authority to the
annual total HAP needs on a monthly basis.
The total HAP needs for the calendar or fiscal year will be projected by
establishing the actual HAP costs year to date. To that figure, the PHA will add
anticipated HAP expenditures for the remainder of the calendar year.
Projected HAP expenditures will be calculated by multiplying the projected
number of units leased per remaining months by the most current month’s
average HAP. The projected number of units leased per month will take into
account the average monthly turnover of participant families.
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If the total annual HAP needs equal or exceed the annual budget authority and
funding reserves, or if the PHA cannot support the cost of the proposed subsidy
commitment, (voucher issuance or move) based on the funding analysis, the
PHA will be considered to have insufficient funding.
At the discretion of the PHA or upon guidance from HUD, the PHA may modify or
add to the methodology of determining insufficient funding as it becomes
appropriate or necessary.
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PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA):
NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY
16-IX.A. OVERVIEW
The Violence against Women Reauthorization Act (VAWA) provides special protections
for victims of domestic violence, dating violence, sexual assault, stalking, and human
trafficking who are applying for or receiving assistance under the housing choice
voucher (HCV) program. If your state or local laws provide greater protection for such
victims, those laws apply in conjunction with VAWA.
Although the VAWA 2022 statute does not specifically include human trafficking in
the list of victims protected under VAWA, in 2022 HUD began including human
trafficking as part of the list of victims protected under VAWA (as seen in Notices
PIH 2022-06, PIH 2022-22, and PIH 2022-24). In the absence of a final rule
implementing VAWA 2022 and to mirror HUD’s recent usage, this policy includes
human trafficking in addition to domestic violence, dating violence, sexual assault,
and stalking anywhere such a list appears.
In addition to definitions of key terms used in VAWA, this part contains general VAWA
requirements and PHA policies in three areas:
Notification, documentation, and confidentiality. Specific VAWA requirements and
PHA policies are located primarily in the following sections: 3- I.C, “Family
Breakup and Remaining Member of Tenant Family”; 3-III.G, “Prohibition against
Denial of Assistance to Victims of Domestic Violence, Dating Violence, Stalking
and Human Trafficking”; 10-I.A, “Allowable Moves”; 10-I.B, “Restrictions on
Moves”; 12-II.E, “Terminations Related to Domestic Violence, Dating Violence,
Sexual Assault, Stalking, or Human Trafficking”; and 12-II.F, “Termination
Notice.”
16-IX.B. DEFINITIONS [24 CFR 5.2003; 42 USC 13925]
As used in VAWA:
The term affiliated individual means, with respect to a person:
-
A spouse, parent, brother or sister, or child of that individual, or an individual to
whom that individual stands in the position or place of a parent; or
-
Any other individual, tenant, or lawful occupant living in the household of the
victim of domestic violence, dating violence, sexual assault, or stalking.
The term bifurcate means, with respect to a public housing or Section 8 lease, to
divide a lease as a matter of law such that certain tenants can be evicted or
removed while the remaining family members’ lease and occupancy rights are
allowed to remain intact.
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The term dating violence means violence committed by a person who is or has
been in a social relationship of a romantic or intimate nature with the victim; and
where the existence of such a relationship shall be determined based on a
consideration of the following factors:
-
The length of the relationship
-
The type of relationship
-
The frequency of interaction between the persons involved in the
relationship
The term domestic violence includes felony or misdemeanor crimes committed by a
current or former spouse or intimate partner of the victim under the family or
domestic violence laws of the jurisdiction receiving grant funding, and in the case of
victim services, includes the user or attempted use of physical abuse or sexual
abuse, or a pattern of any other coercive behavior committed, enabled, or solicited
to gain or maintain power and control over a victim, including verbal, psychological,
economic, or technological abuse that may or may not constitute criminal behavior,
by a person who is:
-
The current or former spouse or intimate partner of the victim, or person similarly
situated to a spouse or intimate partner of the victim
-
A person who is cohabitating or has cohabitated with the victim as a spouse or
intimate partner
-
A person with whom the victim shares a child in common
-
A person who commits acts against a youth or adult victim who is protected from
those acts under the domestic or family violence laws of the jurisdiction
The term economic abuse means behavior that is coercive, deceptive, or
unreasonably controls or restrains a person’s ability to acquire, use, or maintain
economic resources to which they are entitle, including using coercion, fraud, and
manipulation to:
-
Restrict a person’s access to money, assets, credit, or financial information
-
Unfairly use a person’s personal economic resources, including money, assets,
and credit, for one’s own advantage
-
Exert undue influence over a person’s financial and economic behavior or
decisions, including forcing default on joint or other financial obligations,
exploiting powers of attorney, guardianship, or conservatorship, or to whom one
has a fiduciary duty
The term sexual assault means:
-
Any nonconsensual sexual act prescribed by Federal, tribal, or State law,
including when the victim lacks the capacity to consent
The term stalking means:
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To engage in a course of conduct directed at a specific person that would cause
a reasonable person to fear for their safety or the safety of others, or suffer substantial
emotional distress.
The term technological abuse means an act or pattern of behavior that occurs within
domestic violence, dating violence, sexual assault, or stalking and is intended to
harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or
monitor another person, except as otherwise permitted by law, that occurs using any
form of technology, including but not limited to:
-
Internet enabled devices
-
Online spaces and platforms
-
Computers
-
Mobile devices
-
Cameras and imaging programs
-
Apps
-
Location tracking devices
-
Communication technologies
-
Any other emergency technologies
16-IX.C. NOTIFICATION [24 CFR 5.2005(A)]
Notification to Public
The PHA adopts the following policy to help ensure that all actual and potential
beneficiaries of its HCV program are aware of their rights under VAWA.
PHA Policy
The PHA will post the following information regarding VAWA in its offices and on
its website. It will also make the information readily available to anyone who
requests it:
-
A copy of the notice of occupancy rights under VAWA to housing choice
voucher program applicants and participants who are or have been victims
of domestic violence, dating violence, sexual assault, or stalking Form
HUD-5380, see Exhibit 16-1)
-
A copy of Form HUD-5382, Certification of Domestic Violence, Dating
Violence, or Stalking and Alternate Documentation (see Exhibit 16-2)
-
A copy of the PHA’s emergency transfer plan (Exhibit 16-3)
-
A copy of HUD’s Emergency Transfer Request for Certain Victims of
Domestic Violence, Dating Violence, Sexual Assault, or Stalking, Form
HUD-5383 (Exhibit 16-4)
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-
The National Domestic Violence Hot Line: 1-800-799-SAFE (7233) or 1-
800-787-3224 (TTY) (included in Exhibits 16-1 and 16-2)
Contact information for local victim advocacy groups or service providers.
Notification to Program Applicants and Participants [24 CFR 5.2005(a)(1)]
PHAs are required to inform program applicants and participants of their rights under
VAWA, including their right to confidentiality and the limits thereof, when they are
denied assistance, when they are admitted to the program, and when they are notified
of an eviction or termination of housing benefits.
PHA Policy
The PHA will provide all applicants with information about VAWA at the time they
request an application for housing assistance, as part of the written briefing
packet, and at the time the family is admitted to the program. The PHA will also
include information about VAWA in all notices of denial of assistance (see
Section 3-III.G).
The PHA will provide all participants with information about VAWA at the time of
admission (see section 5-I.B) and at annual reexamination. The PHA will also
include information about VAWA in notices of termination of assistance, as
provided in section 12- II.F.
The VAWA information provided to applicants and participants will consist of the
notices in Exhibits 16-1 and 16-2.
The PHA is not limited to providing VAWA information at the times specified in the
above policy. If the PHA decides to provide VAWA information to a participant following
an incident of domestic violence, PIH Notice 2017-08 cautions against sending the
information by mail, since the abuser may be monitoring the mail. The notice
recommends that in such cases the PHA make alternative delivery arrangements that
will not put the victim at risk.
PHA Policy
Whenever the PHA has reason to suspect that providing information about
VAWA to a participant might place a victim of domestic violence at risk, it will
attempt to deliver the information by hand directly to the victim or by having the
victim come to an office or other space that may be safer for the individual,
making reasonable accommodations as necessary.
For example, the PHA may decide not to send mail regarding VAWA protections
to the victim’s unit if the PHA believes the perpetrator may have access to the
victim’s mail, unless requested by the victim.
When discussing VAWA with the victim, the PHA will take reasonable
precautions to ensure that no one can overhear the conversation, such as having
conversations in a private room.
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The victim may, but is not required to, designate an attorney, advocate, or other
secure contact for communications regarding VAWA protections.
Notification to Owners and Managers
While PHAs are no longer required by regulation to notify owners and managers
participating in the HCV program of their rights and obligations under VAWA, the PHA
may still choose to inform them.
PHA Policy
The PHA will provide owners and managers with information about their rights
and obligations under VAWA when they begin their participation in the program
and at least annually thereafter.
The VAWA information provided to owners will consist of the notice in Exhibit 16-
5 and a copy of form HUD-5382, Certification of Domestic Violence, Dating
Violence, and Stalking and Alternate Documentation.
16-IX.D. DOCUMENTATION [24 CFR 5.2007]
A PHA presented with a claim for initial or continued assistance based on status as a
victim of domestic violence, dating violence, sexual assault, stalking, human trafficking,
or criminal activity related to any of these forms of abuse may—but is not required
to—request that the individual making the claim document the abuse. Any request for
documentation must be in writing, and the individual must be allowed at least 14
business days after receipt of the request to submit the documentation. The PHA may
extend this time period at its discretion. [24 CFR §5.2007(a)]
The individual may satisfy the PHA’s request by providing any one of the following three
forms of documentation [24 CFR §5.2007(b)]:
(1)
A completed and signed HUD-approved certification form (form HUD-5382,
Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking),
which must include the name of the perpetrator only if the name of the
perpetrator is safe to provide and is known to the victim. The form may be filled
out and submitted on behalf of the victim.
(2)
A federal, state, tribal, territorial, or local police report or court record, or an
administrative record
(3)
Documentation signed by a person who has assisted the victim in addressing
domestic violence, dating violence, sexual assault, stalking, human trafficking or
the effects of such abuse. This person may be an employee, agent, or volunteer
of a victim service provider, an attorney; a mental health professional; or a
medical professional. The person signing the documentation must attest under
penalty of perjury to the person’s belief that the incidents in question are bona
fide incidents of abuse. The victim must also sign the documentation.
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The PHA may not require third-party documentation (forms 2 and 3) in addition to
certification (form 1), except as specified below under “Conflicting Documentation,” nor
may it require certification in addition to third-party documentation [FR Notice 11/1616].
PHA Policy
Any request for documentation of domestic violence, dating violence, sexual
assault, stalking, or human trafficking:
will be in writing,
will specify a deadline of 14 business days following receipt of the request,
will describe the three forms of acceptable documentation,
will provide explicit instructions on where and to whom the documentation
must be submitted, and
will state the consequences for failure to submit the documentation or
request an extension in writing by the deadline.
The PHA may, in its discretion, extend the deadline for 10 business days.
In determining whether to extend the deadline, the PHA will consider factors that
may contribute to the victim’s inability to provide documentation in a timely
manner, including cognitive limitations, disabilities, limited English proficiency,
absence from the unit, administrative delays, the danger of further violence, and
the victim’s need to address health or safety issues. Any extension granted by
the PHA will be in writing.
Once the victim provides documentation, the PHA will acknowledge receipt of the
documentation within 10 business days.
Conflicting Documentation [24 CFR 5.2007(e)]
In cases where the PHA receives conflicting certification documents from two or more
members of a household, each claiming to be a victim and naming one or more of the
other petitioning household members as the perpetrator, the PHA may determine which
is the true victim by requiring each to provide acceptable third-party documentation, as
described above (forms 2 and 3).
The PHA may also request third-party documentation when submitted documentation
contains information that conflicts with existing information already available to the PHA.
Individuals have 30 calendar days to return third-party verification to the PHA. If the
PHA does not receive third-party documentation, and the PHA will deny or terminate
assistance as a result, the PHA must hold separate hearings for the tenants [PIH Notice
2017-08].
The PHA must honor any court orders issued to protect the victim or to address the
distribution of property.
PHA Policy
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If presented with conflicting certification documents from members of the same
household, the PHA will attempt to determine which is the true victim by requiring
each of them to provide third-party documentation in accordance with 24 CFR
§5.2007(e) and by following any HUD guidance on how such determinations
should be made.
When requesting third-party documents, the PHA will provide contact information
for local domestic violence and legal aid offices. In such cases, applicants or
tenants will be given 30 calendar days from the date of the request to provide
such documentation.
If the PHA does not receive third-party documentation within the required
timeframe (and any extensions) the PHA will deny VAWA protections and will
notify the applicant or tenant in writing of the denial. If, as a result, the applicant
or tenant is denied or terminated from the program, the PHA will hold separate
hearings for the applicants or tenants.
Discretion to Require No Formal Documentation [24 CFR §5.2007(d)]
The PHA has the discretion to provide benefits to an individual based solely on the
individual’s statement or other corroborating evidence—i.e., without requiring formal
documentation of abuse in accordance with 24 CFR §5.2007(b). HUD recommends
documentation in a confidential manner when a verbal statement or other evidence is
accepted.
PHA Policy
If the PHA accepts an individual’s statement or other corroborating evidence (as
determined by the victim) of domestic violence, dating violence, sexual assault,
stalking, or human trafficking, the PHA will document acceptance of the
statement or evidence in the individual’s file.
Failure to Provide Documentation [24 CFR §5.2007(c)]
In order to deny relief for protection under VAWA, a PHA must provide the individual
requesting relief with a written request for documentation of abuse. If the individual fails
to provide the documentation within 14 business days from the date of receipt, or such
longer time as the PHA may allow, the PHA may deny relief for protection under VAWA.
16-IX.E. CONFIDENTIALITY [24 CFR §5.2007(B)(4)]
All information provided to the PHA regarding domestic violence, dating violence, sexual
assault, stalking, or human trafficking, including the fact that an individual is a victim,
must be retained in confidence. This means that the PHA (1) may not enter the
information into any shared database, (2) may not allow employees or others to access
the information unless they are explicitly authorized to do so and have a need to know
the information for purposes of their work, and (3) may not provide the information to
any other entity or individual, except to the extent that the disclosure is (a) requested or
consented to by the individual in writing, (b) required for use in an eviction proceeding,
or (c) otherwise required by applicable law.
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PHA Policy
If disclosure is required for use in an eviction proceeding or is otherwise required
by applicable law, the PHA will inform the victim before disclosure occurs so that
safety risks can be identified and addressed.
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Exhibit 16-1: Notice of Occupancy Rights Under the Violence
Against Women Act, form HUD 5380
City of Chandler Housing and Redevelopment Division
Notice of Occupancy Rights under the Violence Against Women Act 2(VAWA)
To all Tenants and Applicants
The Violence Against Women Act (VAWA) provides protections for victims of domestic
violence, dating violence, sexual assault, or stalking. VAWA protections are not only
available to women, but are available equally to all individuals regardless of sex, gender
identity, or sexual orientation.3 The U.S. Department of Housing and Urban
Development (HUD) is the Federal agency that oversees that public housing and
housing choice voucher is in compliance with VAWA. This notice explains your rights
under VAWA. A HUD-approved certification form is attached to this notice. You can fill
out this form to show that you are or have been a victim of domestic violence, dating
violence, sexual assault, or stalking, and that you wish to use your rights under VAWA.”
Protections for Applicants
If you otherwise qualify for assistance under public housing or housing choice voucher,
you cannot be denied admission or denied assistance because you are or have been a
victim of domestic violence, dating violence, sexual assault, or stalking.
Protections for Tenants
If you are receiving assistance under public housing or housing choice voucher, you
may not be denied assistance, terminated from participation, or be evicted from your
rental housing because you are or have been a victim of domestic violence, dating
violence, sexual assault, or stalking.
Also, if you or an affiliated individual of yours is or has been the victim of domestic
violence, dating violence, sexual assault, or stalking by a member of your household or
any guest, you may not be denied rental assistance or occupancy rights under the
housing choice voucher program solely on the basis of criminal activity directly relating
to that domestic violence, dating violence, sexual assault, or stalking.
Affiliated individual means your spouse, parent, brother, sister, or child, or a person to
whom you stand in the place of a parent or guardian (for example, the affiliated
2 Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual
orientation.
3 Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national
origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made
available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or
marital status.
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individual is in your care, custody, or control); or any individual, tenant, or lawful
occupant living in your household.
Removing the Abuser or Perpetrator from the Household
The City of Chandler Housing and Redevelopment Division (COCHRD) may divide
(bifurcate) the lease in order to evict the individual or terminate the assistance of the
individual who has engaged in criminal activity (the abuser or perpetrator) directly
relating to domestic violence, dating violence, sexual assault, or stalking.
If the COCHRD chooses to remove the abuser or perpetrator, COCHRD may not take
away the rights of eligible tenants to the unit or otherwise punish the remaining tenants.
If the evicted abuser or perpetrator was the sole tenant to have established eligibility for
assistance under the program, COCHRD must allow the tenant who is or has been a
victim and other household members to remain in the unit for a period of time, in order
to establish eligibility under the program or under another HUD housing program
covered by VAWA, or, find alternative housing.
In removing the abuser or perpetrator from the household, COCHRD must follow
Federal, State, and local eviction procedures. In order to divide a lease, COCHRD may,
but is not required to, ask you for documentation or certification of the incidences of
domestic violence, dating violence, sexual assault, or stalking.
Moving to Another Unit
Upon your request, COCHRD may permit you to move to another unit, subject to the
availability of other units, and still keep your assistance. In order to approve a request,
COCHRD may ask you to provide documentation that you are requesting to move
because of an incidence of domestic violence, dating violence, sexual assault, or
stalking. If the request is a request for emergency transfer, the housing provider may
ask you to submit a written request or fill out a form where you certify that you meet the
criteria for an emergency transfer under VAWA. The criteria are:
(1)
You are a victim of domestic violence, dating violence, sexual assault, or
stalking. If COCHRD does not already have documentation that you are a
victim of domestic violence, dating violence, sexual assault, or stalking,
COCHRD may ask you for such documentation, as described in the
documentation section below.
(2)
You expressly request the emergency transfer. COCHRD may choose to
require that you submit a form or may accept another written or oral request.
(3)
You reasonably believe you are threatened with imminent harm from
further violence if you remain in your current unit. This means you have a
reason to fear that if you do not receive a transfer, you would suffer violence in
the very near future.
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OR
You are a victim of sexual assault and the assault occurred on the premises
during the 90-calendar-day period before you request a transfer. If you are a victim
of sexual assault, then in addition to qualifying for an emergency transfer because you
reasonably believe you are threatened with imminent harm from further violence if you
remain in your unit, you may qualify for an emergency transfer if the sexual assault
occurred on the premises of the property from which you are seeking your transfer, and
that assault happened within the 90-calendar-day period before you expressly request
the transfer.
COCHRD will keep confidential requests for emergency transfers by victims of domestic
violence, dating violence, sexual assault, or stalking, and the location of any move by
such victims and their families.
COCHRD’s emergency transfer plan provides further information on emergency
transfers, and COCHRD must make a copy of its emergency transfer plan available to
you if you ask to see it.
Documenting You Are or Have Been a Victim of Domestic Violence, Dating
Violence, Sexual Assault or Stalking
COCHRD can, but is not required to, ask you to provide documentation to “certify” that
you are or have been a victim of domestic violence, dating violence, sexual assault, or
stalking. Such request from COCHRD must be in writing, and COCHRD must give you
at least 14 business days (Saturdays, Sundays, and Federal holidays do not count)
from the day you receive the request to provide the documentation. COCHRD may, but
does not have to, extend the deadline for the submission of documentation upon your
request.
You can provide one of the following to COCHRD as documentation. It is your choice
which of the following to submit if the COCHRD asks you to provide documentation that
you are or have been a victim of domestic violence, dating violence, sexual assault, or
stalking.
A complete HUD-approved certification form given to you by COCHRD with this
notice, that documents an incident of domestic violence, dating violence, sexual
assault, or stalking. The form will ask for your name, the date, time, and location
of the incident of domestic violence, dating violence, sexual assault, or stalking,
and a description of the incident. The certification form provides for including the
name of the abuser or perpetrator if the name of the abuser or perpetrator is
known and is safe to provide.
A record of a Federal, State, tribal, territorial, or local law enforcement agency,
court, or administrative agency that documents the incident of domestic violence,
dating violence, sexual assault, or stalking. Examples of such records include
police reports, protective orders, and restraining orders, among others.
A statement, which you must sign, along with the signature of an employee,
agent, or volunteer of a victim service provider, an attorney, a medical
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professional or a mental health professional (collectively, “professional”) from
whom you sought assistance in addressing domestic violence, dating violence,
sexual assault, or stalking, or the effects of abuse, and with the professional
selected by you attesting under penalty of perjury that he or she believes that the
incident or incidents of domestic violence, dating violence, sexual assault, or
stalking are grounds for protection.
Any other statement or evidence that the COCHRD has agreed to accept.
If you fail or refuse to provide one of these documents within the 14 business days, the
COCHRD does not have to provide you with the protections contained in this notice.
If the COCHRD receives conflicting evidence that an incident of domestic violence,
dating violence, sexual assault, or stalking has been committed (such as certification
forms from two or more members of a household each claiming to be a victim and
naming one or more of the other petitioning household members as the abuser or
perpetrator), COCHRD has the right to request that you provide third-party
documentation within thirty 30 calendar days in order to resolve the conflict. If you fail
or refuse to provide third-party documentation where there is conflicting evidence,
COCHRD does not have to provide you with the protections contained in this notice.
Confidentiality
COCHRD must keep confidential any information you provide related to the exercise of
your rights under VAWA, including the fact that you are exercising your rights under
VAWA.
COCHRD must not allow any individual administering assistance or other services on
behalf of COCHRD (for example, employees and contractors) to have access to
confidential information unless for reasons that specifically call for these individuals to
have access to this information for applicable Federal, State, or local law.
COCHRD must not enter your information into any shared database or disclose your
information to any other entity or individual. COCHRD, however, may disclose the
information provided if:
You give written permission to the PHA to release the information on a time-
limited basis.
The PHA needs to use the information in an eviction or termination proceeding,
such as to evict your abuser or perpetrator or terminate your abuser or
perpetrator from assistance under this program.
A law requires the PHA or your landlord to release the information.
VAWA does not limit the PHA’s duty to honor court orders about access to or control of
the property. This includes orders issued to protect a victim and orders dividing property
among household members in cases where a family breaks up.
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Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or
Assistance May Be Terminated
You can be evicted, and your assistance can be terminated for serious or repeated
lease violations that are not related to domestic violence, dating violence, sexual
assault, or stalking committed against you. However, COCHRD cannot hold tenants
who have been victims of domestic violence, dating violence, sexual assault, or stalking
to a more demanding set of rules than it applies to tenants who have not been victims of
domestic violence, dating violence, sexual assault, or stalking.
The protections described in this notice might not apply, and you could be evicted and
your assistance terminated, if the PHA can demonstrate that not evicting you or
terminating your assistance would present a real physical danger that:
(1) Would occur within an immediate time frame, and
(2) Could result in death or serious bodily harm to other tenants or those who work
on the property.
If COCHRD can demonstrate the above, COCHRD should only terminate your
assistance or evict you if there are no other actions that could be taken to reduce or
eliminate the threat.
Other Laws
VAWA does not replace any Federal, State, or local law that provides greater protection
for victims of domestic violence, dating violence, sexual assault, or stalking. You may
be entitled to additional housing protections for victims of domestic violence, dating
violence, sexual assault, or stalking under other Federal laws, as well as under State
and local laws.
Non-Compliance with The Requirements of This Notice
You may report a covered COCHRD’s violations of these rights and seek additional
assistance, if needed, by contacting or filing a complaint with Amy Jacobson, Housing
and Redevelopment Manager or HUD’s Phoenix field office.
For Additional Information
You may view a copy of HUD’s final VAWA rule at https://www.gpo.gov/fdsys/pkg/FR-
2016-11-16/pdf/2016-25888.pdf.
Additionally, COCHRD must make a copy of HUD’s VAWA regulations available to you
if you ask to see them.
For questions regarding VAWA, please contact your housing specialist.
For help regarding an abusive relationship, you may call the National Domestic Violence
Hotline at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224
(TTY). You may also contact 2-1-1 within Arizona or at https://211arizona.org/domestic-
violence/
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For tenants who are or have been victims of stalking seeking help may visit the National
Center for Victims of Crime’s Stalking Resource Center at
https://www.victimsofcrime.org/our-programs/stalking-resource-center.
For help regarding sexual assault, you may contact 2-1-1 within Arizona or at
https://211arizona.org/domestic-violence/.
Victims of stalking seeking help may contact 2-1-1 within Arizona or at
https://211arizona.org/domestic-violence/
Attachment: Certification Form HUD-5382
16-735
Exhibit 16-2: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
and Alternate Documentation, Form HUD-5382
CERTIFICATION OF
U.S. Department of Housing
OMB Approval No. 2577-0286
DOMESTIC VIOLENCE,
and Urban Development
Exp. 06/30/2017
DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE DOCUMENTATION
Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and
program participants in certain HUD programs from being evicted, denied housing assistance, or
terminated from housing assistance based on acts of domestic violence, dating violence, sexual
assault, or stalking against them. Despite the name of this law, VAWA protection is available to
victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender
identity, or sexual orientation.
Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your
housing provider may give you a written request that asks you to submit documentation about the
incident or incidents of domestic violence, dating violence, sexual assault, or stalking.
In response to this request, you or someone on your behalf may complete this optional form and
submit it to your housing provider, or you may submit one of the following types of third-party
documentation:
(1)
A document signed by you and an employee, agent, or volunteer of a victim service provider,
an attorney, or medical professional, or a mental health professional (collectively,
“professional”) from whom you have sought assistance relating to domestic violence, dating
violence, sexual assault, or stalking, or the effects of abuse. The document must specify,
under penalty of perjury, that the professional believes the incident or incidents of domestic
violence, dating violence, sexual assault, or stalking occurred and meet the definition of
“domestic violence,” “dating violence,” “sexual assault,” or “stalking” in HUD’s regulations at 24
CFR 5.2003.
(2)
A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or
administrative agency; or
(3)
At the discretion of the housing provider, a statement or other evidence provided by the
applicant or tenant.
Submission of Documentation: The time period to submit documentation is 14 business days from
the date that you receive a written request from your housing provider asking that you provide
documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking.
Your housing provider may, but is not required to, extend the time period to submit the
documentation, if you request an extension of the time period. If the requested information is not
received within 14 business days of when you received the request for the documentation, or any
extension of the date provided by your housing provider, your housing provider does not need to
grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a
written request for certification.
Confidentiality: All information provided to your housing provider concerning the incident(s) of
domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such
details shall not be entered into any shared database. Employees of your housing provider are not to
16-736
have access to these details unless to grant or deny VAWA protections to you, and such employees
may not disclose this information to any other entity or individual, except to the extent that disclosure
is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction
proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable
law.
16-737
TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
1. Date the written request is received by victim:
2. Name of victim:
3. Your name (if different from victim’s):
4. Name(s) of other family member(s) listed on the lease:
5. Residence of victim:
______________________________________________________________
6. Name of the accused perpetrator (if known and can be safely disclosed):
7. Relationship of the accused perpetrator to the victim:
8. Date(s) and times(s) of incident(s) (if known):
9. Location of incident(s):
In your own words, describe the incident(s):
This is to certify that the information provided on this form is true and correct to the best of my
knowledge and recollection, and that the individual named above in Item 2 is or has been a
victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that
submission of false information could jeopardize program eligibility and could be the basis for
denial of admission, termination of assistance, or eviction.
Signature
Date Signed
Public Reporting Burden: The public reporting burden for this collection of information is
estimated to average 1 hour per response. This includes the time for collecting, reviewing,
and reporting the data. The information provided is to be used by the housing provider to
request certification that the applicant or tenant is a victim of domestic violence, dating
violence, sexual assault, or stalking. The information is subject to the confidentiality
requirements of VAWA. This agency may not collect this information, and you are not
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required to complete this form, unless it displays a currently valid Office of Management and
Budget control number.
16-739
EXHIBIT 16-3: EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING (HCV VERSION)
Attachment: Certification form HUD-5382
City of Chandler Housing and Redevelopment Division
Emergency Transfer Plan for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking
Housing Choice Voucher Program
Emergency Transfers
The PHA is concerned about the safety of its tenants, and such concern extends to tenants
who are victims of domestic violence, dating violence, sexual assault, or stalking. In
accordance with the Violence Against Women Act (VAWA),4 the PHA allows tenants who are
victims of domestic violence, dating violence, sexual assault, or stalking to request an
emergency transfer from the tenant’s current unit to another unit. The ability to request a
transfer is available regardless of sex, gender identity, or sexual orientation.5 The ability of
the PHA to honor such request for tenants currently receiving assistance, however, may
depend upon a preliminary determination that the tenant is or has been a victim of domestic
violence, dating violence, sexual assault, or stalking, and on whether the PHA has another
dwelling unit that is available and is safe to offer the tenant for temporary or more permanent
occupancy.
This plan identifies tenants who are eligible for an emergency transfer, the documentation
needed to request an emergency transfer, confidentiality protections, how an emergency
transfer may occur, and guidance to tenants on safety and security. This plan is based on a
model emergency transfer plan published by the U.S. Department of Housing and Urban
Development (HUD), the federal agency that oversees that the public housing and housing
choice voucher (HCV) programs are in compliance with VAWA.
Eligibility for Emergency Transfers
A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as
provided in HUD’s regulations at 24 CFR Part 5, subpart L, is eligible for an emergency
transfer if the tenant reasonably believes that there is a threat of imminent harm from further
violence if the tenant remains within the same unit. If the tenant is a victim of sexual assault,
the tenant may also be eligible to transfer if the sexual assault occurred on the premises
within the 90-calendar day period preceding a request for an emergency transfer.
A tenant requesting an emergency transfer must expressly request the transfer in accordance
with the procedures described in this plan.
4 Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual
assault, and stalking, regardless of sex, gender identity, or sexual orientation.
55 Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin,
religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all
otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status.
16-740
Tenants who are not in good standing may still request an emergency transfer if they meet
the eligibility requirements in this section.
Emergency Transfer Request Documentation
To request an emergency transfer, the tenant shall notify the PHA’s management office and
submit a written request for a transfer to any PHA office. The PHA will provide reasonable
accommodations to this policy for individuals with disabilities. The tenant’s written request for
an emergency transfer should include either:
1. A statement expressing that the tenant reasonably believes that there is a threat of
imminent harm from further violence if the tenant were to remain in the same dwelling
unit assisted under the PHA’s program; OR
2. A statement that the tenant was a sexual assault victim and that the sexual assault
occurred on the premises during the 90-calendar-day period preceding the tenant’s
request for an emergency transfer.
Confidentiality
The PHA will keep confidential any information that the tenant submits in requesting an
emergency transfer, and information about the emergency transfer, unless the tenant gives
the PHA written permission to release the information on a time-limited basis, or disclosure of
the information is required by law or required for use in an eviction proceeding or hearing
regarding termination of assistance from the covered program. This includes keeping
confidential the new location of the dwelling unit of the tenant, if one is provided, from the
person or persons that committed an act of domestic violence, dating violence, sexual
assault, or stalking against the tenant. See the Notice of Occupancy Rights under the
Violence against Women Act for All Tenants for more information about the PHA’s
responsibility to maintain the confidentiality of information related to incidents of domestic
violence, dating violence, sexual assault, or stalking.
Emergency Transfer Timing and Availability
The PHA cannot guarantee that a transfer request will be approved or how long it will take to
process a transfer request. The PHA will, however, act as quickly as possible to move a
tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to
another unit, subject to availability and safety of a unit. If a tenant reasonably believes a
proposed transfer would not be safe, the tenant may request a transfer to a different unit. If a
unit is available, the transferred tenant must agree to abide by the terms and conditions that
govern occupancy in the unit to which the tenant has been transferred. The PHA may be
unable to transfer a tenant to a particular unit if the tenant has not or cannot establish
eligibility for that unit.
If the PHA has no safe and available units for which a tenant who needs an emergency
transfer is eligible, the PHA will assist the tenant in identifying other housing providers who
may have safe and available units to which the tenant could move. At the tenant’s request,
the PHA will also assist tenants in contacting the local organizations offering assistance to
victims of domestic violence, dating violence, sexual assault, or stalking that are attached to
this plan.
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Emergency Transfers: Housing Choice Voucher (HCV) Program
Tenant-based assistance: If you are a participant in the tenant-based HCV program and
request an emergency transfer as described in this plan, the PHA will assist you to move to a
safe unit quickly using your existing voucher assistance. The PHA will make exceptions to
program regulations restricting moves as required.
At your request, the PHA will refer you to organizations that may be able to further assist you.
Project-based assistance: If you are assisted under the project-based voucher (PBV)
program, you may request an emergency transfer under the following programs for which you
are not required to apply:
Tenant-based voucher, if available
Project-based assistance in the same project (if a vacant unit is available and you
determine that the vacant unit is safe)
Project-based assistance in another development owned by the PHA
Emergency transfers under VAWA will take priority over waiting list admissions for these
types of assistance.
You may also request an emergency transfer under the following programs for which you are
required to apply:
Public housing program
PBV assistance in another development not owned by the PHA
Other programs administered by the PHA
Emergency transfers will not take priority over waiting list admissions for these programs. At
your request, the PHA will refer you to organizations that may be able to further assist you.
Safety and Security of Tenants
Pending processing of the transfer and the actual transfer, if it is approved and occurs, the
tenant is urged to take all reasonable precautions to be safe.
Tenants who are or have been victims of domestic violence are encouraged to contact the
National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter,
for assistance in creating a safety plan. For persons with hearing impairments, that hotline
can be accessed by calling 1-800-787-3224 (TTY).
Tenants who have been victims of sexual assault may call the Rape, Abuse, and Incest
National Network’s National Sexual Assault Hotline at 1-800-656-HOPE, or visit the online
hotline at: https://ohl.rainn.org/online/
Tenants who are or have been victims of stalking seeking help may visit the National Center
for Victims of Crime’s Stalking Resource Center at: https://www.victimsofcrime.org/our-
programs/stalking-resource-center.
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Attachment: Local organizations offering assistance to victims of domestic violence, dating
violence, sexual assault, or stalking.
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EXHIBIT 16-4: EMERGENCY TRANSFER REQUEST FOR CERTAIN VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, FORM
HUD-5383
EMERGENCY TRANSFER
U.S. Department of Housing
OMB Approval No. 2577-
0286
REQUEST FOR CERTAIN
and Urban Development
Exp. 06/30/2017
VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING
Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault, or
stalking, and you are seeking an emergency transfer, you may use this form to request an
emergency transfer and certify that you meet the requirements of eligibility for an emergency
transfer under the Violence Against Women Act (VAWA). Although the statutory name
references women, VAWA rights and protections apply to all victims of domestic violence,
dating violence, sexual assault or stalking. Using this form does not necessarily mean that
you will receive an emergency transfer. See your housing provider’s emergency transfer plan
for more information about the availability of emergency transfers
The requirements you must meet are:
(1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If
your housing provider does not already have documentation that you are a victim of domestic
violence, dating violence, sexual assault, or stalking, your housing provider may ask you for
such documentation. In response, you may submit Form HUD-5382, or any one of the other
types of documentation listed on that Form.
(2) You expressly request the emergency transfer. Submission of this form confirms that
you have expressly requested a transfer. Your housing provider may choose to require that
you submit this form, or may accept another written or oral request. Please see your housing
provider’s emergency transfer plan for more details.
(3) You reasonably believe you are threatened with imminent harm from further
violence if you remain in your current unit. This means you have a reason to fear that if
you do not receive a transfer you would suffer violence in the very near future.
OR
You are a victim of sexual assault and the assault occurred on the premises during the
90-calendar-day period before you request a transfer. If you are a victim of sexual
assault, then in addition to qualifying for an emergency transfer because you reasonably
believe you are threatened with imminent harm from further violence if you remain in your
unit, you may qualify for an emergency transfer if the sexual assault occurred on the
premises of the property from which you are seeking your transfer, and that assault
happened within the 90-calendar-day period before you submit this form or otherwise
expressly request the transfer.
Submission of Documentation: If you have third-party documentation that demonstrates
why you are eligible for an emergency transfer, you should submit that documentation to your
housing provider if it is safe for you to do so. Examples of third party documentation include,
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but are not limited to: a letter or other documentation from a victim service provider, social
worker, legal assistance provider, pastoral counselor, mental health provider, or other
professional from whom you have sought assistance; a current restraining order; a recent
court order or other court records; a law enforcement report or records; communication
records from the perpetrator of the violence or family members or friends of the perpetrator of
the violence, including emails, voicemails, text messages, and social media posts.
Confidentiality: All information provided to your housing provider concerning the incident(s)
of domestic violence, dating violence, sexual assault, or stalking, and concerning your
request for an emergency transfer shall be kept confidential. Such details shall not be entered
into any shared database. Employees of your housing provider are not to have access to
these details unless to grant or deny VAWA protections or an emergency transfer to you.
Such employees may not disclose this information to any other entity or individual, except to
the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii)
required for use in an eviction proceeding or hearing regarding termination of assistance; or
(iii) otherwise required by applicable law.
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TO BE COMPLETED BY OR ON BEHALF OF THE PERSON REQUESTING A TRANSFER
1. Name of victim requesting an emergency transfer:
2. Your name (if different from victim’s):
3. Name(s) of other family member(s) listed on the lease:
4. Name(s) of other family member(s) who would transfer with the victim:
5. Address of location from which the victim seeks to transfer:
6. Address or phone number for contacting the victim:
7. Name of the accused perpetrator (if known and can be safely disclosed):
8. Relationship of the accused perpetrator to the victim:
9. Date(s), Time(s) and location(s) of incident(s):
10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past
90 days on the premises of the property from which the victim is seeking a transfer?
If yes, skip question 11. If no, fill out question 11.
11. Describe why the victim believes they are threatened with imminent harm from further
violence if they remain in their current unit.
12. If voluntarily provided, list any third-party documentation you are providing along with this
notice:
This is to certify that the information provided on this form is true and correct to the best of my
knowledge, and that the individual named above in Item 1 meets the requirement laid out on
this form for an emergency transfer. I acknowledge that submission of false information could
jeopardize program eligibility and could be the basis for denial of admission, termination of
assistance, or eviction.
Signature
Signed on (Date)
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EXHIBIT 16-5: MODEL OWNER NOTIFICATION OF RIGHTS AND OBLIGATIONS
City of Chandler Housing and Redevelopment Division
NOTIFICATION OF YOUR RIGHTS AND OBLIGATIONS
UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA)
VAWA provides protections for Section 8 Housing Choice Voucher (HCV) and PBV
applicants, tenants, and participants from being denied assistance on the basis or as a direct
result of being a victim of domestic violence, dating violence, sexual assault, stalking and
human trafficking.
Purpose
Many of VAWA’s protections to victims of domestic violence, dating violence, sexual assault,
stalking, and human trafficking involve action by the public housing agency (PHA), but some
situations involve action by owners of assisted housing. The purpose of this notice (herein
called “Notice”) is to explain your rights and obligations under VAWA, as an owner of housing
assisted through COCHRD’s HCV program. Each component of this Notice also provides
citations to HUD’s applicable regulations.
Denial of Tenancy
Protections for applicants: Owners cannot deny tenancy based on the applicant having been
or currently being a victim of domestic violence, dating violence, sexual assault, stalking, or
human trafficking. However, the applicant must be otherwise eligible for tenancy. (See 24
Code of Federal Regulations (CFR) §982.452(b)(1).)
Eviction
Protections for HCV participants: Incidents or threats of domestic violence, dating violence,
sexual assault, stalking, or human trafficking will not be considered a serious or repeated
lease violation by the victim, or good cause to terminate the tenancy of the victim (see 24
CFR §5.2005(c)). Protection also applies to criminal activity related directly to domestic
violence, dating violence, sexual assault, stalking, or human trafficking conducted by a
member of a tenant’s household or any guest or other person under the tenant’s control, if
the tenant or an affiliated individual of the tenant is the victim or threatened victim of such
domestic violence, dating violence, sexual assault, stalking, or human trafficking (24 CFR
§5.2005(b)(2)).
Limitations of VAWA protections:
a. Nothing in VAWA limits the authority of an owner, when notified of a court order, to
comply with a court order with respect to (24 CFR §5.2005(d)(1)):
1) The rights of access or control of property, including civil protection orders issued
to protect a victim of domestic violence, dating violence, sexual assault, stalking, or
human trafficking; or
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2) The distribution or possession of property among members of a household in a
case.
b. Nothing in VAWA limits an owner from evicting a victim of domestic violence, dating
violence, sexual assault, stalking, or human trafficking for a lease violation that is not
premised on an act of domestic violence, dating violence, sexual assault, stalking, or
human trafficking, as long as the owner does not subject the victim to more demanding
standards than other tenants when deciding whether to evict. (See 24 CFR
§5.2005(d)(2).)
c. Nothing in VAWA limits an owner from evicting a tenant (including the victim of
domestic violence, dating violence, sexual assault, stalking, or human trafficking) if the
owner can demonstrate an actual and imminent threat to other tenants or those
employed at or providing services to the HCV property would be present if the tenant
or lawful occupant is not evicted. (See 24 CFR §5.2005(d)(3).)
i.
In this context, words, gestures, actions, or other indicators will be considered
an “actual and imminent threat” if they meet the following standards: An actual
and imminent threat consists of a physical danger that is real, would occur
within an immediate time frame, and could result in death or serious bodily
harm. In determining whether an individual would pose an actual and imminent
threat, the factors to be considered include: the duration of the risk, the nature
and severity of the potential harm, the likelihood that the potential harm will
occur, and the length of time before the potential harm would occur. (See 24
CFR §5.2003.)
ii.
Any eviction due to “actual and imminent threat” should be utilized by an owner
only when there are no other actions that could be taken to reduce or eliminate
the threat, including, but not limited to, transferring the victim to a different unit,
barring the perpetrator from the property, contacting law enforcement to
increase police presence or develop other plans to keep the property safe, or
seeking other legal remedies to prevent the perpetrator from acting on a threat.
Restrictions predicated on public safety cannot be based on stereotypes but
must be tailored to particularized concerns about individual residents. (See 24
CFR §5.2005(d)(4).)
Documentation of Domestic Violence, Dating Violence, Sexual Assault, Stalking, or
Human Trafficking
If an applicant or tenant requests VAWA protection based on status as a victim of domestic
violence, dating violence, sexual assault, stalking, or human trafficking, the owner has the
option to request that the victim document or provide written evidence to demonstrate that the
violence occurred. However, nothing in HUD’s regulation requires a covered housing provider
to request this documentation. (See 24 CFR §5.2007(b)(3).)
If the owner chooses to request this documentation, the owner must make such request in
writing. The individual may satisfy this request by providing any one document type listed
under 24 CFR §5.2007(b)(1):
a. Form HUD-55383 (Self-Certification Form); or
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b. A document:
1) Signed by an employee, agent, or volunteer of a victim service provider, an attorney,
or medical professional or a mental health professional (collectively, “professional”)
from whom the victim has sought assistance relating to domestic violence, dating
violence, sexual assault, stalking, or human trafficking or the effects of abuse:
2) Signed by the applicant or tenant; and
3) That specifies, under penalty of perjury, that the professional believes in the
occurrence of the incident of domestic violence, dating violence, sexual assault,
stalking, or human trafficking that is the ground for protection and remedies under 24
CFR part 5, subpart L, and that the incident meets the applicable definition of domestic
violence, dating violence, sexual assault, stalking, or human trafficking under 24 CFR
§5.2003; or
c. A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or
administrative agency; or
d. At the discretion of a covered housing provider, a statement or other evidence
provided by the applicant or tenant.
The owner must accept any of the above items (a – c). The owner has discretion to accept a
statement or other evidence (d).
The owner is prohibited from requiring third-party documentation of the domestic violence,
dating violence, sexual assault, stalking, or human trafficking, unless the submitted
documentation contains conflicting information.
If the owner makes a written request for documentation, the owner may require submission of
that documentation within 14 business days after the date that the individual received the
written request for documentation. (24 CFR §5.2007(a)(2)). The owner may extend this time
period at its discretion. During the 14-business day period and any granted extensions of that
time, no adverse actions, such as evictions or terminations, can be taken against the
individual requesting VAWA protection.
Once a victim provides documentation of domestic violence, dating violence, sexual assault,
stalking, or human trafficking, the owner is encouraged to acknowledge receipt of the
documentation in a timely manner.
If the applicant or tenant fails to provide documentation that meets the criteria in 24 CFR
§5.2007 within 14 business days after receiving the written request for that documentation or
within the designated extension period, nothing in VAWA may be construed to limit the
authority of the covered housing provider to:
a. Deny admission by the applicant or tenant to the housing or program;
b. Deny assistance under the covered housing program to the applicant or tenant;
c. Terminate the participation of the tenant in the covered housing program; or
d. Evict the tenant, or a lawful occupant that commits a violation of a lease.
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An individual’s failure to timely provide documentation of domestic violence, dating violence,
sexual assault, stalking, or human trafficking does not result in a waiver of the individual’s
right to challenge the denial of assistance or termination, nor does it preclude the individual’s
ability to raise an incident of domestic violence, dating violence, sexual assault, stalking, or
human trafficking at eviction or termination proceedings.
Owners may 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
VAWAs (See FR Notice 1/4/23.)
Moves
A victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking
may move in violation of their lease if the move is required to protect their safety. If a move
results in the termination of the Housing Assistance Payment Contract, the lease is
automatically terminated.
Lease Bifurcation
Owners may choose to bifurcate a lease or remove a household member from a lease in
order to evict, remove, terminate occupancy rights, or terminate assistance to such member
who engages in criminal activity directly relating to domestic violence, dating violence, sexual
assault, stalking, or human trafficking against an affiliated individual or other individual. (See
24 CFR §5.2009(a).) If an owner chooses to bifurcate the lease, the owner must comply with
the reasonable time to establish eligibility under the covered housing program or find
alternative housing following lease bifurcation provision in 24 CFR §5.2009(b). VAWA
protections, including bifurcation, do not apply to guests or unreported members of a
household or anyone else residing in a household who is not a tenant.
Eviction, removal, termination of occupancy rights, or termination of assistance must be
affected in accordance with the procedures prescribed by federal, state, or local law for
termination of leases.
To avoid unnecessary delay in the bifurcation process, HUD recommends that owners seek
court-ordered eviction of the perpetrator pursuant to applicable laws. This process results in
the underlying lease becoming null and void once the owner regains possession of the unit.
The owner would then execute a new lease with the victim.
Evictions Due to “Actual and Imminent Threat” or Violations Not Premised on Abuse
VAWA generally prohibits eviction on the basis or as a direct result of the fact that the
applicant or tenant is or has been a victim of domestic violence, dating violence, sexual
assault, stalking, or human trafficking, if the applicant or tenant otherwise qualifies for
assistance, participation or occupancy. (See 24 CFR §5.2005.) However, VAWA does not
prohibit an owner from evicting a tenant for any violation not premised on an act of domestic
violence, dating violence, sexual assault, stalking, or human trafficking that is in question
against the tenant or an affiliated individual of the tenant. Nor does VAWA prohibit an owner
from evicting a tenant if the owner can demonstrate an actual and imminent threat to other
tenants or those employed at or providing services to property of the owner would be present
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if that tenant or lawful occupant is not evicted or terminated from assistance. (See
§5.2005(d)(2) and (3).)
In order to demonstrate an actual and imminent threat to other tenants or employees at the
property, the covered housing provider must have objective evidence of words, gestures,
actions, or other indicators that meet the standards in the following definition:
Actual and imminent threat refers to a physical danger that is real, would occur within an
immediate time frame, and could result in death or serious bodily harm. In determining
whether an individual would pose an actual and imminent threat, the factors to be considered
include:
The duration of the risk;
The nature and severity of the potential harm’
The likelihood that the potential harm will occur; and
The length of time before the potential harm would occur.
(See 24 CFR 5.2003 and 5.2005(d)(2)
Confidentiality
Any information submitted to a covered housing provider under 24 CFR §5.2007, including
the fact that an individual is a victim of domestic violence, dating violence, sexual assault,
stalking, or human trafficking must be maintained in strict confidence by the covered housing
provider. (See 24 CFR §5.2007(c).)
Employees of the owner (or those within their employ, e.g., contractors) must not have
access to the information unless explicitly authorized by the owner for reasons that
specifically call for these individuals to have access to this information under applicable
Federal, State, or local law (e.g., the information is needed by an employee to provide the
VAWA protections to the victim).
The owner must not enter this information into any shared database, or disclose this
information to any other entity or individual, except to the extent that disclosure is:
a. Requested or consented to in writing by the individual (victim) in a time-limited release;
b. Required for use in an eviction proceeding or hearing regarding termination of
assistance from the covered program; or
c. Otherwise required by applicable law.
When communicating with the victim, owners must take precautions to ensure compliance
with these confidentiality requirements.
Service Providers
[insert name of housing provider] has extensive relationships with local
service providers. [insert name of housing provider] staff are available to
provide referrals to shelters, counselors, and advocates. These resources are
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also provided in [insert name of housing provider] Annual and 5-Year Plan,
Administrative Plan, VAWA Notice of Occupancy Rights, and Emergency
Transfer Plan. A list of local service providers is attached to this Notice.
Definitions
Actual and imminent threat refers to a physical danger that is real, would occur within an
immediate time frame, and could result in death or serious bodily harm. In determining
whether an individual would pose an actual and imminent threat, the factors to be considered
include: the duration of the risk, the nature and severity of the potential harm, the likelihood
that the potential harm will occur, and the length of time before the potential harm would
occur.
Affiliated individual, with respect to an individual, means:
(1) A spouse, parent, brother, sister, or child of that individual, or a person to whom that
individual stands in the place of a parent or guardian (for example, the affiliated
individual is a person in the custody, or control care, of that individual); or
(2) Any individual, tenant, or lawful occupant living in the household of that individual.
Bifurcate means to divide a lease as a matter of law, subject to the permissibility of such
process under the requirements of the applicable HUD-covered program and State or local
law, such that certain tenants or lawful occupants can be evicted or removed and the
remaining tenants or lawful occupants can continue to reside in the unit under the same lease
requirements or as may be revised depending upon the eligibility for continued occupancy of
the remaining tenants and lawful occupants.
Dating violence means violence committed by a person:
(1)Who is or has been in a social relationship of a romantic or intimate nature with the
victim; and
(2)Where the existence of such a relationship shall be determined based on a consideration
of the following factors
i.
The length of the relationship;
ii. The type of relationship; and
iii. The frequency of interaction between the persons involved in the relationship.
Domestic violence includes felony or misdemeanor crimes of committed by a current
or former spouse or intimate partner of the victim under the family or domestic violence
laws of the jurisdiction receiving grant funding, and in the case of victim services, includes
the user or attempted use of physical abuse or sexual abuse, or a pattern of any other
coercive behavior committed, enabled, or solicited to gain or maintain power and control
over a victim, including verbal, psychological, economic, or technological abuse that may
or may not constitute criminal behavior, by a person who is:
The current or former spouse or intimate partner of the victim, or person similarly situated to a
spouse or intimate partner of the victim
A person who is cohabitating or has cohabitated with the victim as a spouse or intimate
partner
A person with whom the victim shares a child in common
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A person who commits acts against an youth or adult victim who is protected from those acts
under the domestic or family violence laws of the jurisdiction
Sexual assault means any nonconsensual sexual act proscribed by Federal, tribal, or State
law, including when the victim lacks capacity to consent.
Stalking means engaging in a course of conduct directed at a specific person that would
cause a reasonable person to:
(1) Fear for the person’s individual safety or the safety of others; or
(2) Suffer substantial emotional distress.
VAWA means the Violence Against Women Act of 1994, as amended (42 U.S.C. 13925 and
42 U.S.C. 14043e et seq.).
Attached:
Legal services and the domestic violence resources for the Metro area
Form HUD-5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking City of Chandler Housing and Redevelopmemt Division VAWA Notice of
Occupancy Rights
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ADDENDUM TO HCV ADMINISTRATIVE PLAN STATEMENT
AFFIRMATIVELY FURTHERING FAIR HOUSING
Addendum to the HCV Administrative Plan Statement Regarding the
Steps the PHA will take to Affirmatively Further Fair Housing.
The City of Chandler Housing and Redevelopment Division has completed an Analysis of
Impediments to Fair Housing, detailing the existing conditions affecting housing opportunities
and defines strategies to create greater choices to all protected classes. The review has
indicated the greatest impediments to Fair Housing are lack of adequate income, which is
closely correlated with education and job opportunities, and the availability of affordable
housing stock. Through the resources available from HOME and CDBG funds and the on-
going activities within the City, the impediments can be analyzed and handled appropriately
to further fair housing and to comply with the Annual Action Plan and Consolidated Plan
performance goals.
The City of Chandler has strong ties with conventional assisted housing and directly supports
the administration of the Section 8 Existing program practicing fair housing and equal
opportunity in finding units for HUD eligible applicants. The City has also implemented the
Section 504 accessibility requirements to ensure City facilities are accessible and that
administrative practice does not have the unintentional effect of discriminating.
The Housing and Redevelopment office conducts activities to further the spirit of Fair Housing
Equal Opportunity (FHEO) by receiving and handling all calls where there is a potential risk of
a civil rights complaint. Information and assistance is provided to any caller who believes they
have a valid FHEO complaint. The office provides the necessary forms and information on
how to best locally resolve their complaint.
The Housing and Redevelopment office and the Neighborhood Resources Division will
continue to receive all potential civil rights complaints through our Fair Housing Hotline that is
regularly published in the City newsletter that is distributed through the water bill. Fair
Housing posters are displayed in English and Spanish in the Housing and Redevelopment
office to ensure participants know their rights. All CDBG recipients are required to display and
provide Fair Housing Information in their offices. The fair housing toll-free number (1-800-669
-9777) for the Housing Discrimination Hotline is listed in the HUD publications and is provided
to callers on the City’s Fair Housing Hotline. This includes the provision of access number via
TTY through the federal information relay service at (1-800-887-8339) for persons with
hearing or speech impairments.
The City encourages minority and women owned businesses to bid on upcoming projects,
and the Housing and Redevelopment office will provide technical assistance in getting
through the bid process to any minority or women owned business that competes for
federally funded projects.
The City also provides for non-discrimination in regular hiring practices. The City seeks to
hire minorities and women for any position for which an applicant is qualified and advertises
widely when recruiting for vacancies.
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Fair Housing outreach by the City of Chandler is an on-going responsibility of the Housing
and Redevelopment activities. Each April, the Mayor will formally recognize Fair Housing
Month
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Initiatives through Council Resolution. A copy of the proclamation is posted and mailed to
over 200 landlords, management companies, rental companies and media outlets. A Fair
Housing booklet has also been developed in English and Spanish and has been distributed
to, The Housing Division through the Housing Choice Voucher Program briefing packet, The
Chandler Chamber of Commerce, Chandler Public Library and the City Manager’s Office.
The City also offered a fair housing workshop and invited all area landlords to attend. This
workshop was free of charge.
The City will utilize key meeting areas such as the Housing and Redevelopment office to
distribute information on fair housing and keep the public informed of the active program
Chandler is conducting. The City has become fully aware of the existence, nature, extent and
causes of all Fair Housing problems and continues to develop the resources available to
solve them. In conjunction with outreach and education, the City of Chandler can continue to
analyze and eliminate housing discrimination, promote housing that is physically accessible,
and overall to promote fair housing choice for all persons.
With regard to specifics of the Housing Choice Voucher Program:
The FSS program is marketed to all eligible Housing Choice Voucher (HCV)
participants when applicants are deemed eligible for the HCV program. The Division
administering the HCV program markets the FSS program to all eligible HCV
participants regardless of disability or proficiency in the English language. The current
coordinator is bilingual and is charged with making services available to individuals
and families with special needs or to aide in overcoming language barriers.
The buildings that house the HCV program and associate activities are ADA compliant
either through handicapped modifications or construction type.
Communications that facilitate HCV applications and service delivery are accessible
and available is multiple formats, communication styles, and through individual
translation. Assistive services are available for persons with disabilities or special
needs.
As mentioned in our HCV administrative plan, the Housing Division recruits new
landlords in areas that offers choices to HCV participants and encourages HCV holder
to pursue landlords that met their needs regardless of whether the landlord has
participated in the HCV program before or not. Housing staff is always willing to speak
with a new landlord or meet with a landlord to provide information about FSS, HCV
and sell our service programs.
The Housing Division has a web site that provides fair housing information containing
video clips, Resources for education and training about our affordable housing
programs and services. This resource makes it easier for information to be distributed
to landlords, HCV applicants and participants alike. This service has significantly
expanded our ability to communicate and reach more applicants, participants and
landlords with information and services about all of our programs. There is a menu of
language translations built into the site that makes translation of service information
understandable.
16-756
Record-keeping for the Housing Division’s and related HCV programs track information that
is related to race, ethnicity, familial status, and to the extent allowed by law, disability status
or program participants.
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Chapter 17
PROJECT-BASED VOUCHERS
INTRODUCTION
This chapter describes HUD regulations and PHA policies related to the project-based
voucher (PBV) program in nine parts:
Part I: General Requirements. This part describes general provisions of the PBV
program including maximum budget authority requirements, relocation requirements,
and equal opportunity requirements.
Part II: PBV Owner Proposals. This part includes policies related to the submission
and selection of owner proposals for PBV assistance. It describes the factors the PHA
will consider when selecting proposals, the type of housing that is eligible to receive
PBV assistance, the cap on assistance at projects receiving PBV assistance, subsidy
layering requirements, site selection standards, and environmental review
requirements.
Part III: Dwelling Units. This part describes requirements related to housing quality
standards, the type and frequency of inspections, and housing accessibility for
persons with disabilities.
Part IV: Rehabilitated and Newly Constructed Units. This part describes
requirements and policies related to the development and completion of rehabilitated
and newly constructed housing units that will be receiving PBV assistance.
Part V: Housing Assistance Payments Contract. This part discusses HAP contract
requirements and policies including the execution, term, and termination of the HAP
contract. In addition, it describes how the HAP contract may be amended and
identifies provisions that may be added to the HAP contract at the PHA’s discretion.
Part VI: Selection of PBV Program Participants. This part describes the
requirements and policies governing how the PHA and the owner will select a family to
receive PBV assistance.
Part VII: Occupancy. This part discusses occupancy requirements related to the
lease and describes under what conditions families are allowed or required to move.
Part VIII: Determining Rent to Owner. This part describes how the initial rent to
owner is determined, and how rent will be redetermined throughout the life of the HAP
contract. Rent reasonableness requirements are also discussed.
Part IX: Payments to Owner. This part describes the types of payments owners may
receive under this program.
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PART I: GENERAL REQUIREMENTS
17-I.A. OVERVIEW [24 CFR 983.5; FR NOTICE 1/18/17; NOTICE PIH 2017-21]
The project-based voucher (PBV) program allows PHAs that already administer a tenant-
based voucher program under an annual contributions contract (ACC) with HUD to take up to
20 percent of its authorized units (plus an additional 10 percent for units meeting certain
criteria) and attach the funding to specific units rather than using it for tenant-based
assistance [24 CFR 983.6]. Assistance may be tied to a multifamily building or a single-
family building. PHAs may only operate a PBV program if doing so is consistent with the
PHA’s Annual Plan, and the goals of deconcentrating poverty and expanding housing and
economic opportunities [42 U.S.C. 1437f(o)(13)]. A PHA has discretion whether to operate a
PBV program. HUD approval is not required, except that the PHA must notify HUD of its
intent to project-base its vouchers and when the PHA executes, amends, or extends a HAP
contract. The PHA must also state in its administrative plan that it will engage in project-
basing and must amend its administrative plan to include all PBV-related matters over which
the PHA is exercising its discretion.
PHA Policy
The PHA will operate a project-based voucher program and may use up to 20 percent
of its authorized units for project-based assistance.
See Exhibit 19-1 for information on projects to which the PHA has attached
PBV assistance.
The PHA may enter into a HAP contract for existing housing, newly constructed or
rehabilitated housing (see definitions below). During the term of the HAP contract, the PHA
makes housing assistance payments to the owner for units leased and occupied by eligible
families.
17-I.B. PBV DEFINITIONS [24 CFR 983.3]
The following terms apply to the PBV program and are used throughout this chapter:
Excepted units are units in a project not counted toward the project cap because they
exclusively serve or are made available to certain families in accordance with 24 CFR
983.54(c)(2).
Excluded units are units in a project not counted toward the program cap or project cap
because they meet certain criteria in accordance with 24 CFR 983.59.
Existing housing is a project that meets the following criteria:
All the proposed contract units in the project either fully comply or substantially comply
with HQS on the proposal or project selection date, as determined per 24 CFR
983.103(a). (The units must fully comply with HQS at the time required by 24 CFR
983.103(c). The units substantially comply with HQS if:
-
The units only require repairs to current components or replacement of equipment
and/or materials by items of substantially the same kind to correct deficiencies; and
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-
The PHA determines all deficiencies can reasonably be corrected within a 30-day
period, taking into consideration the totality of the deficiencies in the project.
The PHA determines the project is not reasonably expected to require substantial
improvement and the owner certifies it has no plans to undertake substantial improvement
from the proposal submission date (for projects subject to competitive selection) or the
project selection date (for projects excepted from competitive selection) through the first
two years of the HAP contract.
The following units do not qualify as existing housing:
-
Units for which rehabilitation or new construction began after proposal submission or
the date of board resolution but prior to the effective date of an AHAP (if applicable);
and
-
Units that were newly constructed or rehabilitated in violation of program requirements.
An independent entity is either:
The unit of general local government; however, if the PHA itself is the unit of general local
government or an agency of such government, then only the next level of general local
government (or an agency of such government) or higher may serve as the independent
entity; or
A HUD-approved entity that is autonomous and recognized under state law as a separate
legal entity from the PHA. The entity must not be connected financially (except regarding
compensation for services performed for PHA-owned units) or in any other manner that
could result in the PHA improperly influencing the entity.
An in-place family is a family residing in a proposed contract unit on the proposal or project
selection date.
Newly constructed housing is a project containing housing units that do not exist on the
proposal or project selection date and are developed after the date of selection for use under
the PBV program.
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A PHA-owned unit is a dwelling unit in a project that is:
Owned by the PHA (including having a controlling interest in the entity that owns the
project);
Owned by an entity wholly controlled by the PHA; or
Owned by a limited liability company or limited partnership in which the PHA (or an entity
wholly controlled by the PHA) holds a controlling interest in the managing member or
general partner.
-
A controlling interest is:
Holding more than 50 percent of the stock of any corporation;
Having the power to appoint more than 50 percent of the members of the board of
directors of a non-stock corporation (such as a nonprofit corporation);
Where more than 50 percent of the members of the board of directors of any
corporation also serve as directors, officers, or employees of the PHA;
Holding more than 50 percent of all managing member interests in an LLC;
Holding more than 50 percent of all general partner interests in a partnership; or
Equivalent levels of control in other ownership structures.
A project can be 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. A PHA may, in its administrative plan, establish the
circumstances under which it will define a project as only one of the following: a single
building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land.
PHA Policy
The PHA will not define circumstances that limit the definition of the term project.
Rehabilitated housing is a project which is developed for use under the PBV program, in
which all proposed contract units exist on the proposal or project selection date, but which
does not qualify as existing housing.
A qualified census tract is any census tract (or equivalent geographic area defined by the
Bureau of the Census) in which at least 50 percent of households have an income of less
than 60 percent of Area Median Income (AMI), or where the poverty rate is at least 25
percent and where the census tract is designated as a qualified census tract by HUD.
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Substantial improvement is one of the following activities undertaken at a time beginning from
the proposal submission date (for projects subject to competitive selection) or from the
project selection date (for projects excepted from competitive selection), or undertaken during
the term of the PBV HAP contract:
Remodeling that alters the nature or type of housing units in a project;
Reconstruction; or
A substantial improvement in the quality or kind of equipment and materials. The
replacement of equipment and/or materials rendered unsatisfactory because of normal
wear and tear by items of substantially the same kind does not constitute substantial
improvement.
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17-I.C. MAXIMUM NUMBER OF PBV UNITS (PERCENTAGE LIMITATION) [24 CFR 983.6]
Program Cap
If a PHA decides to operate a PBV program, the PHA’s PBV program is funded with a portion
of appropriated funding (budget authority) available under the PHA’s voucher Annual
Contributions Contract (ACC). Except for certain units discussed below, a PHA may commit
project-based assistance to no more than 20 percent of its authorized voucher units, as
adjusted, at the time of commitment, with the ability to project-base an additional 10 percent
of units that meet certain requirements. An analysis of impact must be conducted if a PHA is
project-basing 50 percent or more of the PHA’s authorized voucher units.
All PBV units which the PHA has selected (from the time of the proposal or project selection
date) or which are under an Agreement to Enter into a HAP Contract (AHAP) or HAP contract
for PBV assistance count toward the 20 percent maximum or increased cap. The PHA is
responsible for determining the amount of budget authority that is available for project-based
vouchers and for ensuring that the amount of assistance that is attached to units is within the
amounts available under the ACC. Appendix I of Notice PIH 2017-21 contains a sample PBV
program cap calculation worksheet. If PBV units are already selected for project-based
assistance either under an AHAP or a HAP contract, the PHA is not required to reduce the
number of units if the number of authorized units is subsequently reduced.
Increased Cap [24 CFR 983.6(d)]
The PHA may project-base an additional 10 percent of its authorized voucher units above the
20 percent program limit, provided the units meet requirements outlined in 24 CFR
983.6(d)(1) or (2). The units may be distributed among one, all, or a combination of the
categories described below, as long as the total number of units does not exceed the 10
percent cap. The PBV HAP contract must specify, and the owner must set aside, the number
of units meeting the conditions to qualify for the increased program cap. To qualify for the
increased program cap, the unit must be occupied by the type of family specified in the
applicable paragraph below.
For units under a HAP contract that was first executed on or after April 18, 2017, or added on
or after that date to a current HAP contract entered into prior to April 19, 2017, units qualify
under the increased program cap if the units meet one or more of the conditions below [24
CFR 983.6(d)(1)]:
The units are specifically made available to house individuals and families that meet the
definition of homeless under section 103 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302) and contained in the Continuum of Care Interim Rule at 24 CFR 578.3.
-
A family qualifies if they were homeless at the time the family first occupies the unit.
The units are specifically made available to house families that are comprised of or
include a veteran at the time the family first occupies a unit.
-
A veteran is person who served in the active military, naval, air, or space service, and
who was discharged or released therefrom.
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The units provide supportive housing to persons with disabilities or elderly persons as
defined in 24 CFR 5.403.
-
A disabled or elderly member of the family must be eligible for one or more of the
supportive services at the time the family first occupies the unit. The member of the
family may choose not to participate in the services.
-
Supportive housing means that the project makes supportive services available for all
of the assisted families in the project and provides a range of services tailored to the
needs of the residents occupying such housing.
-
Such supportive services need not be provided by the owner or onsite but must be
reasonably available to the families receiving PBV assistance in the project.
-
The PHA’s administrative plan must describe the type and availability of supportive
services the PHA will consider as qualifying for the 10 percent increased cap.
The units are located in areas where vouchers are difficult to use.
The units replace, on a different site, units listed in 24 CFR 983.59(b)(1) and (2) for which
the PHA had authority under 24 CFR 983.59 to commit PBV assistance on the original
site without the units counting toward the program cap or project cap.
The increased program cap also applies to units that are part of a HAP contract executed on
or after December 27, 2020, or are added on or after that date to any current HAP contract,
including a contract entered into prior to December 27, 2020, and meet the following
requirements [24 CFR 983.6(d)(2)]:
The units are exclusively made available to eligible youth receiving Family Unification
Program (FUP) or Foster Youth to Independence (FYI) assistance; and
If the units exclusively made available to eligible youth use FUP assistance that is
normally available for eligible families and youth, the PHA determines and documents that
the limitation of the units to youth is consistent with the local housing needs of both
eligible FUP populations (families and youth) and amends its administrative plan to
specify that FUP PBV assistance is solely for eligible youth.
PHA Policy
The PHA will project-base up to an additional 10 percent of its authorized units, up to
30 percent, in accordance with HUD regulations and requirements.
[See the Instruction Guide for Chapter 17 and insert information on applicable
unit types.]
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17-I.D. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT [24 CFR 983.54]
Project Cap [24 CFR 983.54(a)]
In general, the PHA may not select a proposal for units in a project or enter into an AHAP or
a HAP contract to provide PBV assistance for units in a project if the total number of dwelling
units in the project that will receive PBV assistance is more than the greater of 25 units or 25
percent of the number of dwelling units (assisted or unassisted, as adjusted) in the project.
Higher Project Cap [24 CFR 983.54(b)]
The PHA may provide PBV assistance to the greater of 25 units or 40 percent of the number
of dwelling units (assisted and unassisted, as adjusted) in the project if the project is located
in an area where vouchers are difficult to use [24 CFR 983.54(b)]. An area where a voucher
is difficult to use is defined as:
A census tract with a poverty rate of 20 percent or less, as determined by HUD;
A ZIP code area where the rental vacancy rate is less than 4 percent, as determined by
HUD; or
A ZIP code area where 90 percent of the Small Area FMR is more than 110 percent of the
metropolitan area or county FMR.
Exceptions to the Project Cap [24 CFR 983.54(c)]
Certain units are removed from the number of dwelling units for purposes of calculating the
project cap. These are known as excepted units, which are defined as units in a project not
counted toward the project cap because they exclusively service or are made available to
certain families.
The PHA determines the number of units in the project for which the PHA will provide project-
based assistance, including whether and how many units will be excepted. The PBV HAP
contract must specify, and the owner must set aside, the number of excepted units made
available for occupancy by families who qualify for the exception. For a unit to be considered
excepted, it must be occupied by a family who qualifies for the exception.
Which units are considered excepted differs depending on when the HAP contract was
executed. Contracts executed prior to April 18, 2017, follow the “old” statutory PBV
requirements for excepted units. Projects where the HAP contract was executed on or after
April 18, 2017, follow new requirements. In this case, PBV units are not counted toward the
project cap if the units are:
Exclusively for elderly families;
Exclusively made available to eligible youth receiving FUP or FYI assistance; or
For households eligible for supportive services available to all families receiving PBV
assistance in the project.
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A project is not limited to a single exception category but may include excepted units from
any of the exception categories.
PHA Policy
The PHA will have excepted units in certain PBV projects.
[See the Guide for Chapter 17 and insert information on applicable unit types.]
Units that No Longer Qualify as Excepted Units or Units under the Increased Program
Cap [24 CFR 983.262(b)]
In order to qualify as either excepted units or units under the increased program cap, units
must be occupied by a family that meets the exception criteria applicable to the unit. Once
the family vacates the unit, the PHA must select a new family from the waiting list via an
admission preference, and the unit must be made available to and occupied by a family that
meets the applicable exception.
The PHA must specify in its administrative plan which of the options below the PHA will take
if a unit is no longer qualified due to circumstances beyond the control of the family (e.g.,
death of an elderly family member or long-term permanent hospitalization or nursing care).
The unit may continue to count as an excepted unit or unit on the increased program cap as
long as the family resides in the unit. However, the requirements on wrong-sized units apply.
If the PHA chooses not to exercise this discretion, the unit is no longer considered excepted
or a unit under the increased program cap (as applicable) and the family is not required to
move from the unit. The PHA must specify which of the following actions it will take if the unit
is no longer qualified:
Substitute the unit for another unit if it is possible to do so in accordance with 24 CFR
983.207(a), so that the overall number of excepted units or units under the increased
program cap in the project is not reduced. The PHA may, in conjunction with such
substitution, add the original unit to the HAP contract if it is possible to do so in
accordance with 24 CFR 983.207(b), including that such addition does not cause the PHA
to exceed the program cap or become non-compliant with the project cap.
Remove the unit from the PBV HAP contract. In conjunction with the removal, the PHA
may provide the family with tenant-based assistance, if the family is eligible for tenant-
based assistance. The family and the owner may agree to use the tenant-based voucher
in the unit; otherwise, the family must move from the unit with the tenant-based voucher. If
the family later vacates the unit, the PHA may add the unit to the PBV HAP contract in
accordance with 24 CFR 983.207.
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Change the unit’s status under the project cap or program cap, as applicable, provided
that the change does not cause the PHA to exceed the program cap or become non-
compliant with the project cap.
PHA Policy
If, due to circumstances beyond the control of the family, the unit is no longer qualified
as an excepted unit or unit under the increased program cap, the unit will continue to
count as long as the family resides in the unit. However, requirements for wrong-sized
units will apply.
17-I.E. UNITS NOT SUBJECT TO THE PBV PROGRAM CAP OR PROJECT CAP [FR NOTICE
1/18/17 AND 24 CFR 983.59]
For HAP contracts that first became effective on or after April 18, 2017, the PHA may commit
project-based assistance to units that meet the requirements below without the units counting
toward the program cap (including the 10 percent exception) or project cap. These are known
as excluded units and fall into two different categories:
Existing or Rehabilitation Units: In the five years prior to the request for proposals
(RFP) or the proposal or project selection date (in the case of selection without RFP),
these units fall into one of the categories described below, provided that the units are
removed from all categories prior to the effective date of the HAP contract. These units
include units that received one of the following forms of HUD assistance:
-
Public Housing Capital or Operating Funds;
-
Project-Based Rental Assistance (Section 8), including units assisted under Section 8
Moderate Rehabilitation (Mod Rehab) and Mod Rehab Single-Room Occupancy
(SRO) programs;
-
Housing for Elderly (Section 202);
-
Housing for Persons with Disabilities (Section 811);
-
Rental Assistance Program (RAP) (Section 236(f)(2) of the National Housing Act); or
Flexible Subsidy Program (Section 201 of the Housing and Community Development
Amendments of 1978).
Or the units have been subject to a federally required rent restriction under one of the
following programs:
-
The Low-Income Housing Tax Credit program (26 U.S.C. 42);
-
Section 515 Rural Rental Housing Loans (42 U.S.C. 1485); or
-
The following HUD programs:
-
Section 236;
-
Section 221(d)(3) Below Market Interest Rate;
-
Housing For the Elderly (Section 202 of the Housing Act of 1959);
-
Housing for Persons with Disabilities (Section 811 of the Cranston-Gonzalez National
Affordable Housing Act);
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-
Flexible Subsidy Program (Section 201 of the Housing and Community Development
Amendments Act of 1978); or
-
Any other program identified by HUD through Federal Register notice subject to public
comment.
Replacement Units: Newly constructed units developed under the PBV program are also
considered excluded units if the primary purpose of the newly constructed units is or was
to replace units that meet the criteria listed above. The newly constructed unit must be
located on the same site as the unit it is replacing; however, an expansion of or
modification to the prior project’s site boundaries as a result of the design of the newly
constructed project is acceptable as long as a majority of the replacement units are built
back on the site of the original project and any replacement units that are not located on
the existing site are part of a project that shares a common border with, are across a
public right of way from, or touch that site. In addition, in order for the replacement units to
be excluded from the program and project caps, one of the following must be true:
-
Former residents of the original project must be provided with a selection preference
that provides the residents with the right of first occupancy at the PBV newly
constructed project when it is ready for occupancy; or
-
Prior to the demolition of the original project, the PBV newly constructed project must
have been identified as replacement housing for that original project as part of a
documented plan for the redevelopment of the site.
PHA Policy
Units in the following projects are not subject to the program cap or project cap
because they are excluded units:
Villas on McQueen
The Haven on Hamilton
Site 2 (project name TBD)
Kingston Arms (project name TBD)
17-I.F. PHA-OWNED UNITS [24 CFR 982.4 AND 983.57]
For PHA-owned units (as defined in 24 CFR 982.4), an independent entity (as defined in 24
CFR 982.4) must perform the following functions:
Determine rent to owner, including rent reasonableness and calculating any rent
adjustments by HUD’s Operating Cost Adjustment Factor (OCAF) (where applicable), in
accordance with 24 CFR 983.301 through 983.305;
Perform unit inspections in accordance with 24 CFR 983.103(g);
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When the owner carries out development activity or substantial improvement, the
independent entity must review the evidence and work completion certification submitted
by the owner and determine if the units are complete in accordance with 24 CFR 983.156;
and
Determine whether to approve substantial improvement to units under a HAP contract in
accordance with 24 CFR 983.212.
The PHA may only compensate the independent entity from PHA ongoing administrative fee
income (including amounts credited to the administrative fee reserve). The PHA may not use
other program receipts to compensate the independent entity for its services. The PHA and
independent entity may not charge the family any fee for the appraisal, or the services
provided by the independent entity.
PHA Policy
The PHA may submit a proposal or select a project that is owned or controlled by the
PHA. The PHA will obtain HUD approval of [insert name of entity] prior to selecting
PHA-owned housing.
17-I.G. TENANT-BASED VS. PROJECT-BASED VOUCHER ASSISTANCE
[24 CFR 983.2]
Much of the tenant-based voucher program regulations also apply to the PBV program.
Consequently, many of the PHA policies related to tenant-based assistance also apply to
PBV assistance. The provisions of the tenant-based voucher regulations that do not apply to
the PBV program are listed at 24 CFR 983.2(c).
PHA Policy
Except as otherwise noted in this chapter, or unless specifically prohibited by PBV
program regulations, the PHA policies for the tenant-based voucher program
contained in this administrative plan also apply to the PBV program.
17-I.H. RELOCATION REQUIREMENTS [24 CFR 983.7]
Any persons displaced as a result of implementation of the PBV program must be provided
relocation assistance in accordance with the requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA)[42 U.S.C. 4201-4655]
and implementing regulations at 49 CFR part 24.
The cost of required relocation assistance may be paid with funds provided by the owner,
local public funds, or funds available from other sources. PHAs may not use voucher program
funds to cover relocation costs, except that PHAs may use their administrative fee reserve to
pay for relocation expenses after all other program administrative expenses are satisfied, and
provided that payment of the relocation benefits is consistent with state and local law. Use of
the administrative fee for these purposes must also be consistent with other legal and
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regulatory requirements, including the requirement in 24 CFR 982.155 and other official HUD
issuances.
The acquisition of real property for a PBV project is subject to the URA and 49 CFR part 24,
subpart B. It is the responsibility of the PHA to ensure the owner complies with these
requirements.
17-I.I. EQUAL OPPORTUNITY REQUIREMENTS [24 CFR 983.8]
The PHA must comply with all equal opportunity requirements under federal law and
regulations in its implementation of the PBV program. This includes the requirements and
authorities cited at 24 CFR 5.105(a). In addition, the PHA must comply with the PHA Plan
certification on civil rights and affirmatively furthering fair housing, submitted in accordance
with 24 CFR 903.7(o).
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PART II: PROPOSALSAND PROJECT SELECTION
17-II.A. OVERVIEW
The PHA must include a description of the circumstances under which the PHA will use
noncompetitive selection for PBV projects and competitive selection for PBV proposals,
including the procedures for submission and selection of such proposals, in the administrative
plan [24 CFR 983.10(b)(3)].
Before selecting a PBV proposal, the PHA must determine that the PBV proposal complies
with HUD program regulations and requirements, including a determination that the property
is eligible housing [24 CFR 983.52 and 983.53], complies with the cap on the number of PBV
units per project [24 CFR 983.54], and meets the site selection standards [24 CFR 983.55].
The PHA may not commit PBVs until or unless it has followed the proposal selection
requirements defined in 24 CFR 983.51.
The PHA may allow for entities that have site control to submit proposals provided the entity
will be the owner prior to entering into the AHAP or HAP contract. An owner may submit, and
a PHA may select, a single proposal covering multiple projects where each project consists of
a single-family building, provided all projects are the same housing type (existing,
rehabilitated, or newly constructed) [24 CFR 983.51(a)].
A PHA may not commit project-based assistance to a project if the owner or any principal or
interested party is debarred, suspended subject to a limited denial of participation, or
otherwise excluded under 2 CFR Part 2424 or is listed on the U.S. General Services
Administration list of parties excluded from federal procurement or non-procurement
programs. HUD approval of specific projects or owners is not required. For example, owner
proposal selection does not require submission of form HUD-2530 (Previous Participation
Certification) or other HUD previous participation clearance.
Selection of PHA-Owned Units [24 CFR 983.51(h)]
A PHA-owned unit (as defined in 24 CFR 982.4) may be assisted under the PBV program
only if the HUD field office or HUD-approved independent entity reviews the selection
process and determines that the PHA-owned units were appropriately selected based on the
selection procedures specified in the PHA’s administrative plan.
With the exception of projects selected in accordance with 24 CFR 983.51(c) (projects that
meet the criteria to be excepted from competitive selection), the PHA’s selection procedures
must be designed in a manner that does not effectively eliminate the submission of proposals
for non-PHA-owned units or give preferential treatment (e.g., additional points) to PHA-owned
units.
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17-II.B. COMPETITIVE SELECTION OF PROPOSALS [24 CFR 983.51(B)]
The PHA must select PBV proposals in accordance with the selection procedures in the PHA
administrative plan. The PHA must select PBV proposals by either of the following two
methods.
PHA request for PBV Proposals. The PHA may solicit proposals by using a request for
proposals to select proposals on a competitive basis in response to the PHA request. The
PHA may not limit proposals to a single site or impose restrictions that explicitly or
practically preclude owner submission of proposals for PBV housing on different sites.
The PHA may establish selection procedures that combine or are in conjunction with other
federal, state, or local government housing assistance, community development, or
supportive services competitive selection processes. If the PHA selection process is
combined and administered in conjunction with another RFP process, the PHA remains
responsible for complying with proposal selection procedures as described in 24 CFR
983.51.
The PHA may select, without issuing an RFP, proposal that were previously selected
based on a competition. This may include selection of a proposal for housing assisted
under a federal, state, or local government housing assistance, community development
program, or supportive services program that was subject to a competition in accordance
with the requirements of the applicable program where the proposal has been selected in
accordance with such program's competitive selection requirements within three years of
the PBV proposal selection date, and the earlier competitive selection proposal did not
involve any consideration that the project would receive PBV assistance.
Solicitation and Selection of PBV Proposals [24 CFR 983.51(d)]
PHA procedures for selecting PBV proposals must be designed and actually operated to
provide broad public notice of the opportunity to offer PBV proposals for consideration by the
PHA. The public notice procedures may include publication of the public notice in a local
newspaper of general circulation and other means designed and actually operated to provide
broad public notice. The public notice of the PHA request for PBV proposals must specify the
submission deadline. Detailed application and selection information must be provided at the
request of interested parties.
PHA Policy
PHA Request for Proposals for Rehabilitated and Newly Constructed Units
The PHA will advertise its request for proposals (RFP) for rehabilitated and newly
constructed housing in newspapers of general circulation (to be identified at the time of
publication).
In addition, the PHA will post the RFP and proposal submission and rating and ranking
procedures on its website. The advertisement will remain on the PHA’s website until
such time as the application period is closed.
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The advertisement will state the number of vouchers available to be project-based, the
type of units that will be considered, the submission deadline, and will note how to
obtain the full RFP with information on the application and selection process.
Advertisements will also contain a statement that participation in the PBV program
requires compliance with Fair Housing and Equal Opportunity (FHEO) requirements
and that the Federal Labor Standard provisions may be applicable for new and
rehabilitation projects.
The PHA will publish its advertisement in the same newspaper used for publication of
the RFP for at least one day per week for three consecutive weeks. The advertisement
will specify the number of units the PHA estimates that it will be able to assist under
the funding the PHA is making available. Proposals will be due in the PHA office by
close of business 30 calendar days from the date of the last publication. The PHA will
date and time stamp all applications upon receipt. Applications received after the
published deadline date will not be accepted for consideration under the RFP process.
Postmarks are not acceptable.
In order for the proposal to be considered, the owner must submit the proposal to the
PHA by the published deadline date, and the proposal must respond to all
requirements as outlined in the RFP and be in compliance with all HUD program
requirements. Incomplete proposals will not be reviewed. The PHA reserves the right
to reject applications at any time for misinformation, errors, or omissions of any kind.
The PHA 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 PHA goal of deconcentrating poverty
and expanding housing and economic opportunities;
If applicable, the extent to which services for special populations are provided
on site or in the immediate area for occupants of the property; and
In order to promote partially assisted projects, projects where less than 25
percent of the units will be assisted will be rated higher than projects where 25
percent or more of the units will be assisted. In the case of projects for
occupancy by the elderly, persons with disabilities or families needing other
services, the PHA will rate partially assisted projects on the percentage of units
assisted. Projects with the lowest percentage of assisted units will receive the
highest score.
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PHA Requests for Proposals for Existing Housing Units
The PHA will advertise its request for proposals (RFP) for existing housing in
newspapers of general circulation (to be identified at the time of publication).
In addition, the PHA will post the notice inviting such proposal submission and the
rating and ranking procedures on its website.
The advertisement will state the number of vouchers available to be project-based, the
type of units that will be considered, the submission deadline, and will note how to
obtain the full RFP with information on the application and selection process.
Advertisements will also contain a statement that participation in the PBV program
requires compliance with Fair Housing and Equal Opportunity (FHEO) requirements.
The PHA will periodically publish its advertisement in the same newspaper used for
publication of the RFP for at least one day per week for three consecutive weeks. The
advertisement will specify the number of units the PHA estimates that it will be able to
assist under the funding the PHA is making available. 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 PHA 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; and
Extent to which units are occupied by families that are eligible to participate in
the PBV program.
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PHA Selection of Proposals Subject to a Previous Competition under a Federal, State,
or Local Housing Assistance Program
The PHA 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 (if the earlier competition did not involve any consideration that the project
would receive PBV assistance) on an ongoing basis.
The PHA may periodically advertise that it is accepting proposals, in newspapers of
general circulation (to be identified at the time of publication).
The advertisement will state the number of vouchers available to be project-based, the
type of units that will be considered, the submission deadline, and will note how to
obtain the full RFP with information on the application and selection process.
Advertisements will also contain a statement that participation in the PBV program
requires compliance with Fair Housing and Equal Opportunity (FHEO) requirements
and that the Federal Labor Standard provisions may be applicable for new and
rehabilitation projects.
In addition to, or in place of advertising, the PHA 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 PHA will evaluate
each proposal on its merits using the following factors:
Extent to which the project furthers the PHA goal of deconcentrating poverty
and expanding housing and economic opportunities; and
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, Choice Neighborhood, or Renewal
Community.
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17-II.C. NON-COMPETITIVE PROJECT SELECTION [24 CFR 983.51(C)]
The PHA may select units without a competitive selection process in certain circumstances
described in 24 CFR 983.51(c) and FR Notice 8/13/24. Prior to selecting units based on the
below criteria, the PHA must notify the public of its intent to noncompetitively select one or
more projects for PBV assistance through its 5-Year Plan. If this requirement is not met, the
PHA may not select units non-competitively.
The PHA may select units for PBV assistance without following a competitive process in the
following circumstances:
The PHA may select existing, newly constructed, or rehabilitated public housing projects
where the PHA has an ownership interest or over which the PHA has control, when the
PHA is engaged in an initiative to improve, develop, or replace a public housing property
or site.
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The public housing units may either currently be in the public housing inventory or may
have been removed from the public housing inventory through any available legal
removal tool within five years of the project selection date.
The PHA may select for future PBV assistance a project currently under the public
housing program, or a project that is replacing the public housing project, in which a PHA
has no ownership interest, or which a PHA has no control over, provided:
-
The public housing project is either still in the public housing inventory or had been
removed from the public housing inventory through any available legal removal tool
within five years of the project selection date;
-
The PHA that owned or owns the public housing project does not administer the HCV
program;
-
The project selected for PBV assistance was specifically identified as replacement
housing for the impacted public housing residents as part of the public housing
demolition/disposition application, voluntary conversion application, or any other
application process submitted to and approved by HUD to remove the public housing
project from the public housing inventory; and
-
With respect to replacement housing, the PHA does not have to replace the housing
on the same site as the original public housing, but the number of contract units in the
replacement project may not exceed the number of units in the original public housing
project by more than a de minimis amount for this exception to apply.
The PHA may select a project consisting of PHA-owned units as defined at 24 CFR 982.4.
-
The units must continue to meet the definition of PHA-owned for the initial two years of
the HAP contract unless there is a transfer of ownership approved by HUD.
The PHA may select a project that underwent an eligibility event within five years of the
project selection date, in which a family (or families) qualifies for enhanced voucher
assistance and provided informed consent to relinquish its enhanced voucher for PBV
assistance.
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The PHA may select one or more PBV projects with units made exclusively available to
VASH families on the site of a VA facility [FR Notice 8/13/24].
-
The method of project selection must comply with all other requirements under 24
CFR 983.51, including that the PHA must notify the public of its intent to
noncompetitively select one or more projects for PBV assistance through its 5-Year
Plan and to ensure any project selection is consistent with the PHA administrative
plan.
PHA Policy
The PHA may noncompetitively attach PBVs to projects as described above. If the
PHA does intend to select units noncompetitively, the PHA will first notify the public
through the PHA’s 5-Year Plan process and will include the procedures for submission
and selection to address under what circumstances the PHA will use this method.
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17-II.D. PROJECT OR PROPOSAL SELECTION [24 CFR 983.51(f) and
24 CFR 983.153(c)(3)]Inspections Required Prior to Project or Proposal Selection
[24 CFR 983.51(e)]
The PHA must examine the proposed site before the proposal or project selection date to
determine whether the site complies with the site selection standards outlined in 24 CFR
983.55.
The PHA may execute a HAP contract for existing housing if:
All proposed contract units in the project fully or substantially comply with housing quality
standards on the proposal or project selection date, which the PHA must determine via
inspection;
The project meets the environmental review requirements at 24 CFR 983.56, if applicable;
and
The project meets the initial inspection requirements in accordance with 24 CFR
983.103(c).
PHA Written Notice of Proposal or Project Selection [24 CFR 983.51(f) and (h) and 24
CFR 983.153(c)(3)]
Regardless of the method of selection, the PHA is required to provide written notice of
proposal or project selection, which must include:
If the project contains PHA-owned units, the PHA must provide the written notice of
proposal or project selection to the responsible PHA official, and that official must certify in
writing that the PHA accepts the terms and requirements stated in the notice. The PHA
must make documentation available for public inspection regarding the basis for the PHA
selection of a PBV proposal.
When an environmental review is required, if the review has not been conducted prior to
the project or proposal selection date, the PHA’s written notice that the selection is subject
to completion of a favorable environmental review and that the project or proposal may be
rejected based on the results of the environmental review.
For newly constructed housing and rehabilitated housing in projects to which labor
standards apply, the PHA’s written notice to the party that submitted the selected proposal
or board resolution approving project-basing of assistance at the specific project must
state that any construction contracts must incorporate a Davis-Bacon contract clause and
the current applicable prevailing wage determination [24 CFR 983.153(c)(3)].
In addition to the requirements above, for selection of proposals through competitive
methods, the PHA must give prompt written notice to the party that submitted a selected
proposal and must also give prompt public notice of such selection. Public notice procedures
may include publication of public notice in a local newspaper of general circulation and other
means designed and actually operated to provide broad public notice. The proposal selection
date is the date on which the PHA provides written notice to the party that submitted the
selected proposal. The written notice of proposal selection must require the owner or party
that submitted the selected proposal to provide a written response to the PHA accepting the
terms and requirements stated in the notice. The PHA must make documentation available
for public inspection regarding the basis for the PHA selection of a PBV proposal.
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PHA Policy
If the project does not contain PHA-owned units, the PHA will notify the selected
owner in writing of the owner’s selection for the PBV program within 10 business days
of the PHA making the selection. The PHA will also notify in writing all owners that
submitted proposals that were not selected and advise such owners of the name of the
selected owner.
If the project contains PHA-owned units, within 10 business days of the PHA making
the selection, the PHA will provide the written notice of proposal selection to the
responsible PHA official, and that official must certify in writing that the PHA accepts
the terms and requirements stated in the notice within 10 business days of receiving
the PHA’s written notice.
When an environmental review is required, if the review has not been conducted prior
to the proposal selection date, the PHA’s written notice of proposal selection will state
that the selection is subject to completion of a favorable environmental review and that
the proposal may be rejected based on the results of the environmental review.
For any project to which labor standards apply, the PHA’s written notice will state that
any construction contracts must incorporate a Davis-Bacon contract clause and the
current applicable prevailing wage determination.
The PHA will publish its notice for selection of PBV proposals for two consecutive days
in the same newspapers the PHA used to solicit the proposals. The announcement will
include the name of the owner that was selected for the PBV program. The PHA will
also post the notice of owner selection on its website.
The PHA will make available to any interested party its rating and ranking sheets and
documents that identify the PHA basis for selecting the proposal. These documents
will be available for review by the public and other interested parties for one month
after publication of the notice of owner selection. The PHA will not make available
sensitive owner information that is privileged, such as financial statements and similar
information about the owner.
The PHA will make these documents available for review at the PHA during normal
business hours. The cost for reproduction of allowable documents will be $.25 per
page.
The owner must submit a written response to the PHA accepting the terms and
requirements stated in the notice within 10 business days of the PHA’s written
notification to the owner.
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In addition to the requirements above, for projects selected under an exception to the
competitive process under 24 CFR 983.51(c), the PHA must give prompt written notice of
project selection to the owner following the PHA board’s resolution approving the project-
basing of assistance at the specific project. The project selection date is the date of the
PHA’s board resolution approving the project-basing of assistance at the specific project. The
written notice of project selection must require the owner of the project selected to provide a
written response to the PHA accepting the terms and requirements stated in the notice.
PHA Policy
If the project contains PHA-owned units, within 10 business days of the board’s
resolution approving the project-basing of assistance at a specific project, the PHA will
provide the written notice of project selection to the responsible PHA official, and that
official must certify in writing that the PHA accepts the terms and requirements stated
in the notice within 10 business days of receiving the PHA’s written notice.
If the project does not contain PHA-owned units, within 10 business days of the
board’s resolution approving the project-basing of assistance at a specific project, the
PHA will notify the owner in writing of the project’s selection. The owner must submit a
written response to the PHA accepting the terms and requirements stated in the notice
within 10 business days of the PHA’s written notification to the owner.
In addition, when an environmental review is required, if the review has not been
conducted prior to the project selection date, the PHA’s written notice of project
selection will state that the selection is subject to completion of a favorable
environmental review and that the project may be rejected based on the results of the
environmental review.
Further, for any project to which labor standards apply, the PHA’s written notice will
state that any construction contracts must incorporate a Davis-Bacon contract clause
and the current applicable prevailing wage determination.
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17-II.E. HOUSING TYPE [24 CFR 983.52]
The PHA must decide what housing type, new construction, rehabilitation, or existing
housing, will be used to develop project-based housing. The PHA choice of housing type
must be reflected in its solicitation for proposals. With certain exceptions, the PHA may not
execute a HAP contract for units:
On which construction or rehabilitation commenced after the date of proposal submission
(for housing subject to competitive selection) or the date of the PHA’s board resolution
approving the project-basing of assistance at the project (for housing excepted from
competitive selection); and
Prior to the effective date of an AHAP.
However, HUD makes an exception in the following circumstances:
The PHA has exercised its discretion under 24 CFR 983.154(f) to undertake development
activity without an AHAP; or
The PHA has executed an AHAP after construction or rehabilitation that complied with
applicable requirements of 24 CFR 983.153 has commenced; or
The PHA will undertake development activity after execution of the HAP contract as
authorized under 24 CFR 983.157.
At HUD’s sole discretion, HUD may approve a PHA’s request for additional exceptions to this
prohibition.
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17-II.F. PROHIBITION OF ASSISTANCE FOR CERTAIN UNITS
Ineligible Units [24 CFR 983.52]
A HAP contract must not be effective and no PBV assistance may be provided for any of the
following: shared housing units; units on the grounds of a penal reformatory, medical, mental,
or similar public or private institution; nursing homes or facilities providing continuous
psychiatric, medical, nursing services, board and care, or intermediate care (except that
assistance may be provided in assisted living facilities); units that are owned or controlled by
an educational institution or its affiliate and are designated for occupancy by students; and
transitional housing. Manufactured homes are ineligible only if the manufactured home is not
permanently affixed to a permanent foundation or the owner does not own fee title to the real
property (land) on which the manufactured home is located.
In addition, the PHA may not attach or pay PBV assistance for a unit occupied by an owner of
the housing. A member of a cooperative who owns shares in the project assisted under the
PBV program is not considered an owner for purposes of participation in the PBV program.
Before a PHA places a specific unit under a HAP contract, the PHA must determine whether
the unit is occupied and, if occupied, whether the unit’s occupants are eligible for assistance
in accordance with 24 CFR 982.201. For a family to be eligible for assistance in the specific
unit, the unit must be appropriate for the size of the family under the PHA’s subsidy standards
and the total tenant payment (TTP) for the family must be less than the gross rent for the unit.
The PHA must not enter into a HAP contract for a unit occupied by a family ineligible for
participation in the PBV program.
However, unlike in the regular PBV program, the PHA may opt to select an occupied unit or
admit a family to a unit if such unit is made exclusively available to VASH families if the PBV
project is either on the grounds of a VA facility or there are VASH supportive services
provided on-site at the project. See Chapter 19 for more information.
Subsidized Housing [24 CFR 983.53]
A HAP contract must not be effective and no PBV assistance may be provided in any of the
following types of subsidized housing:
A public housing unit;
A unit subsidized with any other form of Section 8 assistance;
A unit subsidized with any governmental rent subsidy (a subsidy that pays all or any part
of the rent);
A unit subsidized with any governmental subsidy that covers all or any part of the
operating costs of the housing;
A unit subsidized with rental assistance payments under Section 521 of the Housing Act
of 1949, 42 U.S.C. 1490a (a Rural Housing Service Program). However, the PHA may
attach assistance for a unit subsidized with Section 515 interest reduction payments (42
U.S.C. 1485);
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A Section 202 project for non-elderly with disabilities;
Section 811 project-based supportive housing for persons with disabilities;
Section 202 supportive housing for the elderly;
A Section 101 rent supplement project;
A unit subsidized with any form of tenant-based rental assistance; or
A unit with any other duplicative federal, state, or local housing subsidy, as determined by
HUD or the PHA in accordance with HUD requirements. For this purpose, housing
subsidy does not include the housing component of a welfare payment; a social security
payment; or a federal, state, or local tax concession (such as relief from local real property
taxes).
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17-II.G. SUBSIDY LAYERING REQUIREMENTS [24 CFR 983.11, 24 CFR 983.153(b), 24
CFR 4.13, Notice PIH 2013-11, and FR Notice 3/13/23]Development Activity Before
HAP Contract [24 CFR 983.153(b)]
As part of the PBV project or proposal selection process, the project owner must disclose
information regarding all HUD and/or other federal, state, or local governmental assistance
committed to the project, as well as other governmental assistance, using Form HUD-2880
(even if no other governmental assistance is received or anticipated) [FR Notice 3/3/23].
HUD requires a subsidy layering review (SLR) be conducted when new construction or
rehabilitation housing will include PBVs in combination with other governmental housing
assistance from federal, state, or local agencies, including assistance such as tax
concessions or tax credits. The SLR must occur before the PHA attaches PBV assistance to
a project. This means when an SLR is required, the PHA may not execute an AHAP or HAP
contract until HUD or a HUD-approved housing credit agency (HCA) has conducted the
required subsidy layering review and determined the project compliance with 24 CFR 4.13
and other related regulation requirements with regards to attaching PBV assistance. Subsidy
layering requirements also do not apply to existing housing when PBV is the only
governmental assistance.
Conducting the SLR [FR Notice 3/3/23 and Notice PIH 2023-15]
PHAs request an SLR through their local HUD Field Office or, if eligible, through a
participating HCA. The PHA is responsible for collecting all required documentation for the
SLR from the project owner. Appendix A of FR Notice 3/23/23 contains a list of all required
documentation. The owner must inform the PHA if any information changes during or after
the application process. If new information becomes available after initial submission, the
PHA is responsible for submitting updated information to HUD or the HCA.
If HUD completes the SLR and determines the PBV assistance complies with all
requirements, HUD will notify the PHA in writing. If the SLR request is submitted to an
approved HCA, and the proposed project-based voucher assistance meets HUD subsidy
layering requirements, the HCA must submit a certification to HUD and notify the PHA. The
PHA may proceed to execute an AHAP at that time if the environmental approval is received.
Additional Assistance after HAP Contract [24 CFR 983.11(d)]
The HAP contract must contain the owner’s certification that the project has not received and
will not receive (before or during the term of the HAP contract) any public assistance for
acquisition, development, or operation of the housing other than assistance disclosed in the
subsidy layering review in accordance with HUD requirements, unless the owner discloses
additional assistance in accordance with HUD requirements [24 CFR 983.11(d)].
For newly constructed or rehabilitated housing under a HAP contract, the owner must
disclose to the PHA information regarding any additional related assistance from the federal
government, a state, or a unit of general local government, or any agency or instrumentality
thereof. Related assistance includes but is not limited to any loan, grant, guarantee,
insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect
assistance. If the additional related assistance meets certain threshold and other
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requirements established by HUD, a subsidy layering review may be required to determine if
it would result in excess public assistance to the project. The PHA must adjust the amount of
the housing assistance payments to the owner to compensate in whole or in part for such
related assistance.
17-II.H. SITE SELECTION STANDARDS
Compliance with PBV Goals, Civil Rights Requirements, and Site and Neighborhood
Standards [24 CFR 983.55(b)]
The PHA may not select a project or proposal for existing, newly constructed, or rehabilitated
PBV housing on a site or enter into an AHAP or HAP contract for units on the site, unless the
PHA has determined that PBV assistance for housing at the selected site is consistent with
the goal of deconcentrating poverty and expanding housing and economic opportunities. The
standard for deconcentrating poverty and expanding housing and economic opportunities
must be consistent with the PHA Plan under 24 CFR 903 and the PHA administrative plan.
In addition, prior to selecting a proposal, the PHA must determine that the site is suitable from
the standpoint of facilitating and furthering full compliance with the applicable Civil Rights
Laws, regulations, and Executive Orders, and that the site meets the housing quality
standards and neighborhood standards at 24 CFR 5.703.
PHA Policy
It is the PHA goal to select sites for PBV housing that provide for deconcentrating
poverty and expanding housing and economic opportunities. In complying with this
goal the PHA will limit approval of sites for PBV housing in census tracts that have
poverty concentrations of 20 percent or less.
However, the PHA will grant exceptions to the 20 percent standard where the PHA
determines that the PBV assistance will complement other local redevelopment
activities designed to deconcentrate poverty and expand housing and economic
opportunities in census tracts with poverty concentrations greater than 20 percent,
such as sites in:
A census tract in which the proposed PBV development will be located in a
HUD-designated Enterprise Zone, Economic Community, Choice
Neighborhood, or Renewal Community;
A census tract where the concentration of assisted units will be or has
decreased as a result of public housing demolition and HOPE VI
redevelopment;
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A census tract in which the proposed PBV development will be located is
undergoing significant revitalization as a result of state, local, or federal dollars
invested in the area;
A census tract where new market rate units are being developed where such
market rate units will positively impact the poverty rate in the area;
A census tract where there has been an overall decline in the poverty rate
within the past five years; or
A census tract where there are meaningful opportunities for educational and
economic advancement.
The PHA will also consider whether the site is suitable from the standpoint of
facilitating and furthering full compliance with the applicable provisions of Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d(4)) and HUD’s implementing
regulations at 24 CFR Part 1; Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601-
3629) and HUD’s implementing regulations at 24 CFR Parts 100 through 199;
Executive Order 11063 (27 FR 11527; 3 CFR, 1959-1963 Comp., p. 652), and HUD’s
implementing regulations at 24 CFR Part 107.
The site must also be suitable from the standpoint of facilitating and furthering full
compliance with the applicable provisions of the Americans with Disabilities Act (42
U.S.C. 12131-12134) and implementing regulations (28 CFR Part 35), and Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and HUD’s implementing
regulations at 24 CFR Part 8, including meeting the Section 504 site selection
requirements described in 24 CFR 8.4(b)(5).
The PHA will also consider whether the site and neighborhood are reasonably free
from disturbing noises and reverberations and other dangers to the health, safety, and
general welfare of the occupants. The site and neighborhood may not be subject to
serious adverse environmental conditions, natural or manmade, that could affect the
health or safety of the project occupants, such as dangerous walks or steps;
contamination; instability; flooding, poor drainage, septic tank back-ups or sewage
hazards; mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration
or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or
fire hazards.
Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR
983.55(d)]
The PHA may not enter into an AHAP or HAP contract for existing or rehabilitated housing
until it has determined that the site complies with the HUD required site and neighborhood
standards. The site must:
Be adequate in size, exposure, and contour to accommodate the number and type of
units proposed;
Have adequate utilities and streets available to service the site;
Promote a greater choice of housing opportunities and avoid undue concentration of
assisted persons in areas containing a high proportion of low-income persons;
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Be accessible to social, recreational, educational, commercial, and health facilities and
services and other municipal facilities and services equivalent to those found in
neighborhoods consisting largely of unassisted similar units; and
Be located so that travel time and cost via public transportation or private automobile from
the neighborhood to places of employment is not excessive.
New Construction Site and Neighborhood Standards [24 CFR 983.55(e)]
In order to be selected for PBV assistance, a site for newly constructed housing must meet
the following HUD required site and neighborhood standards:
The site must be adequate in size, exposure, and contour to accommodate the number
and type of units proposed;
The site must have adequate utilities and streets available to service the site;
The site must not be located in an area of minority concentration unless the PHA
determines that sufficient, comparable opportunities exist for housing for minority families
in the income range to be served by the proposed project outside areas of minority
concentration or that the project is necessary to meet overriding housing needs that
cannot be met in that housing market area;
The site must not be located in a racially mixed area if the project will cause a significant
increase in the proportion of minority to non-minority residents in the area.
The site must promote a greater choice of housing opportunities and avoid undue
concentration of assisted persons in areas containing a high proportion of low-income
persons;
The neighborhood must not be one that is seriously detrimental to family life or in which
substandard dwellings or other undesirable conditions predominate, unless there is
actively in progress a concerted program to remedy the undesirable conditions;
The housing must be accessible to social, recreational, educational, commercial, and
health facilities and services and other municipal facilities and services equivalent to those
found in neighborhoods consisting largely of unassisted similar units; and
Except for housing designed for elderly persons, the housing must be located so that
travel time and cost via public transportation or private automobile from the neighborhood
to places of employment is not excessive.
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17-II.I. ENVIRONMENTAL REVIEW [24 CFR 983.56]
The PHA activities under the PBV program are subject to HUD environmental regulations in
24 CFR parts 50 and 58, other than where exceptions are provided in the PBV regulations.
For projects or proposals that were selected in accordance with the site selection standards
at 24 CFR 983.55 in effect on or after June 6, 2024, no environmental review is required to
be undertaken before entering into a HAP contract for existing housing, except to the extent a
Federal environmental review is required by law or regulation relating to funding other than
PBV.
When an environmental review is required, the responsible entity is responsible for
performing the federal environmental review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.). If the review has not been conducted prior to the proposal or
project selection date, then the PHA’s written notice of proposal or project selection must
state that the selection is subject to completion of a favorable environmental review and that
the project may be rejected based on the results of the environmental review. The PHA may
not enter into an AHAP or HAP contract until the responsible entity has complied with the
environmental review requirements.
The PHA may not enter into an AHAP or a HAP contract with an owner, and the PHA, the
owner, and its contractors may not acquire, rehabilitate, convert, lease, repair, dispose of,
demolish, or construct real property or commit or expend program or local funds for PBV
activities under this part, until one of the following occurs:
The responsible entity has determined that the activities to be undertaken are exempt
under 24 CFR 85.34(a) or categorically excluded and not subject to compliance with
environmental laws under 24 CFR 58.35(b);
The responsible entity has completed the environmental review procedures required by
24 CFR Part 58, and HUD has approved the PHA’s Request for Release of Funds and
Certification (form HUD-7015.15)
-
HUD approves the Request for Release of Funds and Certification by issuing a Letter
to Proceed or form HUD-7015.16, thereby authorizing the PHA to execute an AHAP or
HAP contract, as applicable; or
HUD has performed an environmental review under 24 CFR Part 50 and has notified the
PHA in writing of environmental clearance.
The PHA must supply all available, relevant information necessary for the responsible entity
to perform any required environmental review for any site. The PHA must require the owner
to carry out mitigating measures required by the responsible entity (or HUD, if applicable) as
a result of the environmental review.
PART III: DWELLING UNITS
17-III.A. OVERVIEW
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This part identifies the special housing quality standards that apply to the PBV program,
housing accessibility for persons with disabilities, and special procedures for conducting
inspections.
17-III.B. HOUSING QUALITY STANDARDS [24 CFR 983.101]
Housing quality standards for the tenant-based program, including those for special housing
types, generally apply to the PBV program. Housing quality standards requirements for
shared housing, and the homeownership option do not apply because these housing types
are not assisted under the PBV program.
The owner is required to maintain and operate the contract units and premises in accordance
with housing quality standards, including performance of ordinary and extraordinary
maintenance. The owner must provide all the services, maintenance, equipment, and utilities
specified in the HAP contract with the PHA and in the lease with each assisted family. In
addition, maintenance, replacement and redecoration must be in accordance with the
standard practice for the building as established by the owner.
Lead-based Paint [24 CFR 983.101(c)]
The lead-based paint requirements for the tenant-based voucher program do not apply to the
PBV program. Instead, The Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4821-
4846), the Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-
4856), and implementing regulations at 24 CFR Part 35, Subparts A, B, H, and R, and 40
CFR 745.227, apply to the PBV program.
Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.208(a)]
The PHA may elect to establish additional requirements for quality, architecture, or design of
PBV housing. Any such additional requirements must be specified in the AHAP and the HAP
contract. These requirements must be in addition to, not in place of, compliance with housing
quality standards. The PHA must specify the conditions under which it will require additional
housing quality requirements in the administrative plan.
PHA Policy
The PHA will identify the need for any special features on a case-by-case basis
depending on the intended occupancy of the PBV project. The PHA will specify any
special design standards or additional requirements in the invitation for PBV proposals
(if applicable), the AHAP, and the HAP contract.
17-III.C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES
The housing must comply with program accessibility requirements of section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8.
The PHA must ensure that the percentage of accessible dwelling units complies with the
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requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as
implemented by HUD's regulations at 24 CFR 8, subpart C.
Housing first occupied after March 13, 1991, must comply with design and construction
requirements of the Fair Housing Amendments Act of 1988 and implementing regulations at
24 CFR 100.205, as applicable. (24 CFR 983.102)
17-III.D. INSPECTING UNITS [24 CFR 983.103]
The PHA must inspect contract units whenever needed to determine that the contract units
comply with housing quality standards and that the owner is providing maintenance, utilities,
and other services in accordance with the HAP contract. The PHA must take into account
complaints and any other information coming to its attention in scheduling inspections.
Pre-selection Inspection [24 CFR 983.103(a)]
If the units to be assisted already exist, the PHA must inspect all the units before the proposal
selection date and must determine if the project meets the definition of existing housing. If the
project is existing housing, the PHA may not execute the HAP contract until the units meet
the initial inspection requirements in accordance with 24 CFR 983.103(c).
Initial Inspection: Newly Constructed and Rehabilitated Projects That Underwent
Substantial Improvement [24 CFR 983.103(b)]
Following completion of work pursuant to 24 CFR 983.155, the PHA must complete the
following inspections, as applicable:
For rehabilitated housing that is developed prior to the HAP contract term or newly
constructed housing, the PHA must inspect each proposed newly constructed and
rehabilitated PBV unit before execution of the HAP contract. Each proposed PBV unit
must fully comply with housing quality standards prior to HAP contract execution.
For rehabilitated housing that will undergo development activity after HAP contract
execution, the PHA must conduct unit inspections in accordance with the requirements of
24 CFR 983.157.
For units that underwent substantial improvement pursuant to 24 CFR 983.207(d) or
983.212, inspect each unit. Each PBV unit that underwent substantial improvement must
fully comply with housing quality standards prior to the PHA adding the unit to the HAP
contract, returning the unit temporarily removed to the HAP contract, allowing re-
occupancy of the unit, and resuming housing assistance payments, as applicable.
Initial Inspection: Existing Housing [24 CFR 983.103(c)]
The PHA must inspect and determine that all of the proposed PBV units fully comply with
housing quality standards before entering into the HAP contract, unless the PHA has adopted
a policy to enter into a HAP contract for units that fail the initial inspection as a result of only
non-life-threatening conditions (NLT option), or if the unit passed an alternative inspection, or
both. The PHA must establish in its administrative plan the amount of time that may elapse
between the initial inspection of existing housing and execution of a HAP contract for that
unit.
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PHA Policy
The PHA will not provide assistance on behalf of the family until the unit fully complies
with housing quality standards.
The PHA will not rely on alternative inspections for initial inspections.
The HAP contract for existing housing must be executed within 45 calendar days of
the initial inspection.
Turnover Inspections [24 CFR 983.103(c)]
Before providing assistance to a new family in a contract unit, the PHA must inspect the unit.
The PHA may not provide assistance on behalf of the family until the unit fully complies with
housing quality standards.
Periodic Inspections [24 CFR 983.103(e); FR Notice 6/25/14]
At least once every 24 months during the term of the HAP contract (or at least triennially for
small rural PHAs), the PHA must inspect a random sample consisting of at least 20 percent
of the contract units in each building to determine if the contract units and the premises are
maintained in accordance with housing quality standards. Turnover inspections are not
counted toward meeting this inspection requirement.
PHA Policy
The PHA will inspect on a bi-annual basis a random sample consisting of at least 20
percent of the contract units in each building to determine if the contract units and the
premises are maintained in accordance with housing quality standards.
If more than 20 percent of the sample of inspected contract units in a building fail the initial
inspection, the PHA must reinspect 100 percent of the contract units in the building.
This requirement also applies in the case of a HAP contract that is undergoing development
activity after HAP contract execution; however, if the periodic inspection occurs during the
period of development activity covered by the rider and fewer than 20 percent of contract
units in each building are designated in the rider as available for occupancy, the PHA is only
required to inspect the units in that building that are designated as available for occupancy.
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Alternative Inspections for Periodic Inspections [24 CFR 983.103(g); Notice PIH 2016-
05]
In the case of mixed finance properties that are subject to alternative inspections, the PHA
may rely upon an alternative inspection conducted at least triennially to demonstrate
compliance with inspection requirements.
PHA Policy
The PHA will not rely on alternative inspection standards.
Interim Inspections [24 CFR 983.103(f)]
If a participant or government official notifies the PHA of a potential deficiency in a PBV unit
or development, the following applies:
If the reported deficiency is life-threatening, the PHA must, within 24 hours of notification,
both inspect the housing unit and notify the owner if the life-threatening deficiency is
confirmed. The owner must then make the repairs within 24 hours of PHA notification.
If the reported deficiency is non-life-threatening, the PHA must, within 15 days of
notification, both inspect the unit and notify the owner if the deficiency is confirmed. The
owner must then make the repairs within 30 days of notification from the PHA or within
any PHA-approved extension.
PHA Policy
During an interim inspection, the PHA generally will inspect only those deficiencies
that were reported. However, the inspector will record any additional deficiencies that
are observed and will require the responsible party to make the necessary repairs.
If the periodic inspection has been scheduled or is due within 90 days of the date the
special inspection is scheduled the PHA may elect to conduct a full inspection.
Follow Up Inspections [24 CFR 983103(f)(2)]
The PHA must conduct follow-up inspections needed to determine if the owner (or, if
applicable, the family) has corrected a housing quality standards violation and must conduct
inspections to determine the basis for exercise of contractual and other remedies for owner or
family violations of housing quality standards.
Supervisory Quality Control Inspections [24 CFR 983.103(f)(3)]
In conducting PHA supervisory quality control inspections, the PHA should include a
representative sample of both tenant-based and project-based units.
Inspecting PHA-Owned Units [24 CFR 983.103(g)]
In the case of PHA-owned units, the inspections must be performed by an independent entity
designated by the PHA and approved by HUD. The independent entity must furnish a copy of
each inspection report to the PHA. The PHA must take all necessary actions in response to
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inspection reports from the independent entity, including exercise of contractual remedies for
violation of the HAP contract by the PHA-owner.
PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS
17-IV.A. OVERVIEW [24 CFR 983.151 AND 983.152]
There are specific requirements that apply to PBV assistance for newly constructed or
rehabilitated housing that do not apply to PBV assistance in existing housing. This part
describes the requirements unique to this type of assistance.
Housing selected for this type of assistance may not at a later date be selected for PBV
assistance as existing housing.
17-IV.B. AGREEMENT TO ENTER INTO HAP CONTRACT
Except where the PHA decides not to use an AHAP or chooses to execute an AHAP after
construction or rehabilitation has commenced, the PHA and owner must enter into an AHAP
that will govern development activity. In the AHAP, the owner agrees to develop the PBV
contract units to comply with housing quality standards, and the PHA agrees that upon timely
completion of development in accordance with the terms of the AHAP, the PHA will enter into
a HAP contract with the owner for the contract units. The AHAP must cover a single project,
except one AHAP may cover multiple projects that each consist of a single-family building.
The effective date of the AHAP must be on or after the date the AHAP is executed. The
AHAP must be executed and effective prior to the commencement of development activity as
described in 24 CFR 983.154(d), except where the PHA decides not to use an AHAP or
chooses to execute an AHAP after construction or rehabilitation has commenced. The AHAP
must be in the form required by HUD.
The PHA and owner may agree to amend the contents of the AHAP by executing an
addendum, so long as such amendments are consistent with all PBV requirements. The PHA
and owner may only execute an addendum affecting a unit prior to the PHA accepting the
completed unit.
Development activity must not commence after the date of proposal submission (for housing
subject to competitive selection) or the date of the PHA’s board resolution approving the
project-basing of assistance at the project (for housing excepted from competitive selection)
and before the effective date of the AHAP, except where the PHA decides not to use an
AHAP or chooses to execute an AHAP after construction or rehabilitation has commenced. In
the case of new construction, development activity begins with excavation or site preparation
(including clearing of the land). Rehabilitation begins with the physical commencement of
rehabilitation activity on the housing.
PHA Discretion Not to Use an AHAP [24 CFR 983.154(f)]
The PHA may decide not to use an AHAP or may choose to execute an AHAP after
construction or rehabilitation that complied with applicable requirements of 24 CFR 983.153
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has commenced. To do so, the PHA must explain the circumstances (if any) under which the
PHA will enter into a PBV HAP contract for newly constructed or rehabilitated housing without
first entering into an AHAP and under which the PHA will enter into an AHAP after
construction or rehabilitation has commenced.
PHA Policy
The PHA will not exercise its discretion to not use an AHAP or to execute an AHAP
after construction or rehabilitation.
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Content of the AHAP [24 CFR 983.154(e)]
At a minimum, the AHAP must describe the following features of the housing to be developed
and assisted under the PBV program:
Site and the location of the contract units;
Number of contract units by area (square footage) and number of bedrooms and
bathrooms;
Services, maintenance, or equipment to be supplied by the owner without charges in
addition to the rent to owner;
Utilities available to the contract units, including a specification of utility services to be paid
by the owner (without charges in addition to rent) and utility services to be paid by the
tenant;
An indication of whether or not the design and construction requirements of the Fair
Housing Act and section 504 of the Rehabilitation Act of 1973 apply to units under the
AHAP. If applicable, any required work item resulting from these requirements must be
included in the description of work to be performed under the AHAP;
A description of any required work item if the requirement to install broadband
infrastructure applies;
Estimated initial rents to owner for the contract units;
Description of the work to be performed under the AHAP.
-
For rehabilitated units, the description must include the rehabilitation work write up
and, where determined necessary by the PHA, specifications and plans.
-
For new construction units, the description must include the working drawings and
specifications.
The deadline for completion of the work to be performed under the AHAP; and
Any additional requirements for quality, architecture, or design over and above housing
quality standards. The PHA must specify the conditions under which it will require
additional housing quality requirements in the administrative plan.
Execution of the AHAP [FR Notice 11/24/08]
The AHAP must be executed promptly after PHA notice of proposal selection to the selected
owner.
PHA Policy
The PHA will enter into the AHAP with the owner within 10 business days of receiving
both environmental approval and notice that subsidy layering requirements have been
met, and before construction or rehabilitation work is started.
17-IV.C. DEVELOPMENT REQUIREMENTS
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Labor Standards [24 CFR 983.153(c)]
If an AHAP covers the development of nine or more contract units (whether or not completed
in stages), the owner and the owner’s contractors and subcontractors must pay Davis-Bacon
wages to laborers and mechanics employed in the development of housing.
Further, these Davis-Bacon requirements apply to existing PBV units when the nature of any
work to be performed either before the execution of the HAP contract or within 18-months
after execution constitutes project development. Any development initiated on existing units
within 18-months after the effective date of the HAP contract on projects with nine or more
contract units triggers Davis-Bacon requirements.
When the PHA exercises its discretion at 24 CFR 983.154(f) or 983.157(a) to allow the owner
to conduct some or all development activity while the proposed PBV units are not under an
AHAP or HAP contract, the applicable parties must comply with the labor standards outlined
above from the date of proposal submission (for housing subject to competitive selection) or
from the date of the PHA’s board resolution approving the project-basing of assistance at the
project (for housing excepted from competitive selection).
The AHAP will include the labor standards clauses required by HUD, such as those involving
Davis-Bacon wage rates. The addendum to the HAP contract, Form HUD-5679, also includes
the required labor standards clauses.
The owner, contractors, and subcontractors must also comply with the Contract Work Hours
and Safety Standards Act, Department of Labor regulations in 29 CFR part 5, and other
applicable federal labor relations laws and regulations. The PHA must monitor compliance
with labor standards.
For any project to which labor standards apply, the PHA’s written notice to the party that
submitted the selected proposal or board resolution approving project-basing of assistance at
the specific project must state that any construction contracts must incorporate a Davis-
Bacon contract clause and the current applicable prevailing wage determination.
Development activity is also subject to the federal equal employment opportunity
requirements of Executive Orders 11246 as amended (3 CFR, 1964-1965 Comp., p. 339),
11625 (3 CFR, 1971-1975 Comp., p. 616), 12432 (3 CFR, 1983 Comp., p. 198), and 12138
(3 CFR, 1977 Comp., p. 393).
Accessibility [24 CFR 983.153(e)]
As applicable, the design and construction requirements of the Fair Housing Act and
implementing regulations at 24 CFR 100.205; the accessibility requirements of Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part
8, including 8.22 and 8.23; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131
-12134) and implementing regulations at 28 CFR Part 35, including 24 CFR 35.150 and
35.151, apply to development activity.
A description of any required work item resulting from these requirements must be included in
the AHAP (if applicable) or HAP contract (if applicable).
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Broadband Infrastructure [24 CFR 983.153(f)]
Any development activity that constitutes substantial rehabilitation (as defined by 24 CFR
5.100) of a building with more than four rental units and where the proposal or project
selection date or the start of the development activity while under a HAP contract is after
January 19, 2017, must include installation of broadband infrastructure, as defined in 24 CFR
5.100, except where the owner determines and documents the determination that:
The location of the new construction or substantial rehabilitation makes installation of
broadband infrastructure infeasible;
The cost of installing broadband infrastructure would result in a fundamental alteration in
the nature of its program or activity or in an undue financial burden; or
The structure of the housing to be substantially rehabilitated makes installation of
broadband infrastructure infeasible.
A description of any required work item resulting from this requirement must be included in
the AHAP (if applicable) or HAP contract (if applicable).
Owner Disclosure [24 CFR 983.153(g)
The AHAP and HAP contract must include a certification by the owner that the owner and
other project principals are not on the U.S. General Services Administration list of parties
excluded from federal procurement and non-procurement programs.
The owner must also disclose any possible conflict of interest that would be a violation of the
AHAP, the HAP contract, or HUD regulations.
17-IV.D. COMPLETION OF WORK [24 CFR 983.155]
Evidence of Completion [24 CFR 983.155]
The owner must submit evidence and certify to the PHA, in the form and manner required by
the PHA’s administrative plan, that development activity or substantial improvement has been
completed, and that all such work was completed in accordance with the applicable
requirements. The PHA must review the evidence to determine whether the development
activity or substantial improvement was completed in accordance with the applicable
requirements.
In the case of PHA-owned units, the owner must submit evidence and certify to the
independent entity, in the form and manner required by the PHA’s administrative plan, that
development activity or substantial improvement has been completed, and that all such work
was completed in accordance with the applicable requirements. The independent entity must
review the evidence to determine whether the development activity or substantial
improvement was completed in accordance with the applicable requirements.
PHA Policy
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At a minimum, the owner must submit the following evidence of completion to the PHA
or independent entity, as applicable:
Owner certification that the work has been completed in accordance with
housing quality standards and all requirements of the AHAP; and
Owner certification that the owner has complied with labor standards and equal
opportunity requirements in development of the housing.
At the discretion of the PHA, the AHAP may specify additional documentation that
must be submitted by the owner as evidence of housing completion. For example,
such documentation may include:
A certificate of occupancy or other evidence that the units comply with local
requirements (such as code and zoning requirements); and
An architect’s certification that the housing complies with:
HUD housing quality standards;
State, local, or other building codes;
Zoning;
The rehabilitation work write-up (for rehabilitated housing) or the work
description (for newly constructed housing); or
Any additional design or quality requirements pursuant to the AHAP.
The PHA will determine the need for the owner to submit additional documentation as
evidence of housing completion on a case-by-case basis depending on the nature of
the PBV project. The PHA will specify any additional documentation requirements in
the AHAP.
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PHA Acceptance of Completed Units [24 CFR 983.156(a) and (b)]
After the PHA has received all required evidence of completion and the owner’s certification
that all work was completed in accordance with the applicable requirements, the PHA must
inspect to determine if the housing has been completed in accordance with the AHAP,
including compliance with housing quality standards and any additional design, architecture,
or quality requirements imposed under the AHAP. For PHA-owned units, the independent
entity must perform the inspection. The PHA must also determine if the owner has submitted
all required evidence of completion.
If the work has not been completed in accordance with the AHAP, the PHA must not enter
into the HAP contract.
If the PHA determines the work has been completed in accordance with the AHAP and all
applicable requirements and that the owner has submitted all required evidence of
completion, the PHA must:
For units which will not undergo development activity after HAP contract execution, submit
the HAP contract for execution by the owner and then execute the HAP contract;
For rehabilitated housing projects for which development activity has commenced prior to
HAP contract execution under 24 CFR 983.157(b), submit the HAP contract for execution
by the owner and then execute the HAP contract;
For development activity after the HAP contract execution, amend the HAP contract rider
to designate the completed units as available for occupancy, or if the owner has
completed all development activity as provided in the rider, amend the HAP contract to
delete the rider; or
For units that underwent substantial improvement in order to be added to the HAP
contract, amend the HAP contract to add the units to the HAP contract.
Staged Completion of Contract Units [24 CFR 983.156(c)]
Contract units that will not undergo development activity after HAP contract execution may be
placed under the HAP contract in stages commencing on different dates. In such a case, the
PHA must determine separately for each stage whether the development activity was
completed in accordance with the applicable requirements and that the units meet housing
quality standards and any additional design, architecture, or quality requirements specified by
the PHA. If the first stage is determined compliant, then the PHA must submit the HAP
contract for execution by the owner and must execute the HAP contract for PBV rehabilitated
housing and newly constructed housing projects. As each subsequent stage is determined
compliant, the PHA and owner must amend the HAP contract to add the units to the HAP
contract.
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PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP)
17-V.A. OVERVIEW [24 CFR 983.202(A)]
The PHA must enter into a HAP contract with an owner for units that are receiving PBV
assistance. The purpose of the HAP contract is to provide housing assistance payments for
eligible families leasing PBV units during the term of the HAP contract. With some
exceptions, a HAP contract must cover a single project. If multiple projects exist, each project
is covered by a separate HAP contract. However, a PHA and owner may agree to place
multiple projects, each consisting of a single-family building, under one HAP contract. The
HAP contract must be in the form required by HUD.
17-V.B. HAP CONTRACT REQUIREMENTS
Contract Information [24 CFR 983.203]
The HAP contract must specify the following information:
The total number of contract units by number of bedrooms;
The project’s name, street address, city or county, state and zip code, block and lot
number (if known), and any other information necessary to clearly identify the site and the
building;
The number of contract units in each building, the location of each contract unit, the area
of each contract unit, and the number of bedrooms and bathrooms in each contract unit;
Services, maintenance, and equipment to be supplied by the owner and included in the
rent to owner;
Utilities available to the contract units, including a specification of utility services to be paid
by the owner (included in rent) and utility services to be paid by the tenant;
Features provided to comply with program accessibility requirements of Section 504 of the
Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8 and the
Americans with Disabilities Act, as applicable;
The HAP contract term;
The number of units under the increased program cap or excepted from the project cap that will be set
aside for occupancy by families who qualify for such a unit; The initial rent to owner for the first 12
months of the HAP contract term; and
Whether the PHA has elected not to reduce rents below the initial rent to owner.
Execution of the HAP Contract [24 CFR 983.204]
Before execution of the HAP contract, the PHA must determine that applicable pre-HAP
contract housing quality standards requirements have been met in accordance with 24 CFR
983.103(b) or (c) as applicable. The PHA may not execute the HAP contract for any contract
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unit that does not meet the pre-HAP contract housing quality standards requirements. For
existing housing, the HAP contract must be executed promptly after the PHA selects the
owner proposal and the PHA determines that applicable pre-HAP contract housing quality
standards requirements have been met. For newly constructed or rehabilitated housing that
will not undergo development activity after HAP contract execution, the HAP contract must be
executed promptly after the PHA has inspected the completed units and has determined that
the units have been completed in accordance with the AHAP, and the owner furnishes all
required evidence of completion. For rehabilitated housing that will undergo development
activity after HAP contract execution, the HAP contract must be executed and effective
promptly after all proposed PBV units are added to the contract at this time, including units
that do not comply with HQS or that will undergo development activity.
PHA Policy
For existing housing, the HAP contract will be executed within 10 business days of the
PHA determining that all units pass inspection.
For rehabilitated or newly constructed housing, the HAP contract will be executed
within 10 business days of the PHA determining that the units have been completed in
accordance with the AHAP , all units meet housing quality standards, and the owner
has submitted all required evidence of completion.
Effective Date of the HAP Contract [24 CFR 983.204(d)]
The effective date of the HAP contract must be on or after the date the HAP contract is
executed. The HAP contract must be effective before the effective date of the first lease
covering a contract unit occupied by an assisted family, and the PHA may not pay any
housing assistance payment to the owner until the HAP contract is effective.
Term of HAP Contract [24 CFR 983.205, FR Notice 1/18/17, and Notice PIH 2017-21]
The PHA may enter into a HAP contract with an owner for an initial term of no less than one
year and no more than 20 years for each contract unit. The length of the term of the HAP
contract for any contract unit may not be less than one year, nor more than 20 years
PHA Policy
The term of all PBV HAP contracts will be negotiated with the owner on a case-by-
case basis.
The PHA and owner may agree at any time before expiration of the HAP contract to execute
one or more extensions of the HAP contract term, but the following conditions apply:
Each extension executed must have a term that does not exceed 20 years;
At no time may the total remaining term of the HAP contract, with extensions, exceed 40
years;
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Before agreeing to an extension, the PHA must determine that the extension is
appropriate to continue providing affordable housing for low-income families or to expand
housing opportunities; and
Each extension must be on the form and subject to the conditions prescribed by HUD at
the time of the extension.
PHA Policy
When determining whether or not to extend an expiring PBV contract, the PHA 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; and
Whether the funding could be used more appropriately for tenant-based
assistance.
17-V.C. TERMINATION OF THE HAP CONTRACT
Termination by Agreement of PHA and Owner [24 CFR 983.206(e)]
The PHA and owner may agree to terminate the HAP contract prior to the end of the term.
The owner is required to give notice in accordance 24 CFR 983.206(a) prior to termination,
and families must be provided tenant-based assistance and may elect to remain in the
project.
Termination by PHA [24 CFR 983.205(c)]
The HAP contract must provide that the PHA may terminate the contract for insufficient
funding, subject to HUD requirements. The PHA has the option of terminating a PBV HAP
contract based on “insufficient funding” only if:
The PHA determines in accordance with HUD requirements that it lacks sufficient HAP
funding (including HAP reserves) to continue to make housing assistance payments for all
voucher units currently under a HAP contract;
The PHA has taken cost-saving measures specified by HUD;
The PHA notifies HUD of its determination and provides the information required by HUD;
and
HUD determines that the PHA lacks sufficient funding and notifies the PHA it may
terminate HAP contracts as a result.
If the PHA determines that the owner has breached the HAP contract, the PHA may exercise
any of its rights or remedies under the HAP contract, including but not limited to contract
termination. The provisions of 24 CFR 983.208 apply for HAP contract breaches involving
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failure to comply with housing quality standards. For any other contract termination due to
breach, 24 CFR 983.206(b) on provision of tenant-based assistance applies.
Non-extension by Owner – Notice Requirements [24 CFR 983.206(a)]
Not less than one year before the HAP contract terminates, the owner must notify the PHA
and assisted tenants of the termination. The notice must be provided in the form prescribed
by HUD. The term termination for applicability of this notice requirement means the expiration
of the HAP contract, termination of the HAP contract by agreement of PHA and owner, or an
owner’s refusal to renew the HAP contract.
If the owner does not give timely notice, the owner must permit the tenants in assisted units
to remain in their units for the required notice period with no increase in the tenant portion of
their rent, and with no eviction as a result of the owner’s inability to collect an increased
tenant portion of rent. An owner and the PHA may agree to renew the terminating contract for
a period of time sufficient to give tenants one-year advance notice under such terms as HUD
may require.
Termination by Owner – Reduction Below Initial Contract Rent [24 CFR 983.206(d)]
If the amount of the rent to owner for any contract unit, as adjusted, is reduced below the
amount of the initial rent to owner, the owner may terminate the HAP contract, upon notice to
the PHA no fewer than 90 calendar days prior to the planned termination, and families must
be provided tenant-based assistance and may elect to remain in the project. The owner is not
required to provide the one-year notice of the termination of the HAP contract to the family
and the PHA when terminating the HAP contract due to rent reduction below the initial rent to
owner.
Termination or Expiration without Extensions – Required Provision of Tenant-Based
Assistance [24 CFR 983.206(b)]
Unless a termination or expiration without extension occurs due to a determination of
insufficient funding or other extraordinary circumstances determined by HUD, upon
termination or expiration of the contract, a family living at the property is entitled to receive a
tenant-based voucher no fewer than 60 calendar days prior to the planned termination or
expiration of the PBV HAP contract. However, the PHA is not required to issue the family a
voucher if the PHA has offered the family an alternative housing option (e.g., an assisted unit
in another PBV project), and the family chooses to accept the alternative housing option
instead of the voucher.
Tenant-based assistance would not begin until the owner’s required notice period ends. The
PHA must provide the family with a voucher and the family must also be given the option by
the PHA and owner to remain in their unit with HCV tenant-based assistance subject to the
following:
The unit must comply with housing quality standards;
The PHA must determine or have determined that the rent for the unit is reasonable;
The family must pay its required share of the rent and the amount, if any, by which the
unit rent (including the amount allowed for tenant-based utilities) exceeds the applicable
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payment standard (the limitation at 24 CFR 982.508 regarding maximum family share at
initial occupancy does not apply); and
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The owner may not refuse to initially lease a unit in the project to a family that elects to
use their tenant-based assistance to remain in the same project, except where the owner
will use the unit for a purpose other than a residential rental unit. The owner may not later
terminate the tenancy of such a family, except for the following grounds:
-
The grounds in 24 CFR 982.310, except paragraphs 24 CFR 982.310(d)(1)(iii) and
(iv);
-
The owner’s desire to use the unit for a purpose other than a residential rental unit;
and
-
The owner’s desire to renovate the unit, subject to the following:
The owner must consider whether a reasonable alternative to terminating the lease
exists. If a reasonable alternative exists, the owner must not terminate the lease.
The owner must consider the following alternatives:
-
Completing renovations without the family vacating the unit, if the renovations
can be completed in a manner that does not result in life-threatening conditions,
does not result in deficiencies under housing quality standards that are not
corrected within 30 days, and is mutually agreeable to the owner and the family;
and
-
Temporarily relocating the family to complete the renovations, if the relocation
and renovations can be completed within a single calendar month (beginning no
sooner than the first day of a month and ending no later than the last day of the
same month) and the family can be relocated to a location and in a manner
mutually agreeable to the owner and the family;
If the owner terminates the lease for renovation, the owner must make every
reasonable effort to make available and lease the family another unit within the
project that meets the tenant-based voucher program requirements; and
If no other unit within the project is available for the family to lease during the
renovation period or the family chooses to move from the project during the
renovation period, the owner must make every reasonable effort to make available
and lease the family a unit within the project upon completion of renovations.
The family has the right to remain in the project as long as the units are used for rental
housing and are otherwise eligible for HCV assistance. Families that receive a tenant-based
voucher at the expiration or termination of the PBV HAP contract are not new admissions to
the PHA HCV tenant-based program and are not subject to income eligibility requirements or
any other admission requirements. If the family chooses to remain in their unit with tenant-
based assistance, the family may do so regardless of whether the family share would initially
exceed 40 percent of the family’s adjusted monthly income.
The voucher issued to the family is the voucher attached to its unit under the expiring or
terminating PBV contract. Consequently, if the family vacates the contract unit following the
issuance of the tenant-based voucher and prior to the contract termination or expiration date,
the PHA must remove the unit from the PBV HAP contract at the time the family vacates the
unit. The PBV HAP contract must provide that, if the units continue to be used for rental
housing upon termination or expiration without extension of a PBV HAP contract, each
assisted family may elect to use its tenant-based assistance to remain in the same project.
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Remedies for Housing Quality Standards Deficiences [24 CFR 983.208]
The PHA may not make any HAP payment to the owner for a contract unit during any period
in which the unit does not comply with housing quality standards. If the PHA determines that
a contract does not comply with housing quality standards, the PHA may exercise any of its
remedies under the HAP contract, for any or all of the contract units. Available remedies
include termination of housing assistance payments, abatement or reduction of housing
assistance payments, reduction of contract units, and termination of the HAP contract.
PHA Policy
The PHA will abate and terminate PBV HAP contracts for non-compliance with HQS in
accordance with the policies used in the tenant-based voucher program. These
policies are contained in Section 8-II.G., Enforcing Owner Compliance.
The following is applicable to HAP contracts executed or renewed June 6, 2024, or
later.
Enforcement of Housing Quality Standards [24 CFR 983.208(b)]
The PHA must vigorously enforce the owner’s obligation to maintain contract units in
accordance with housing quality standards. If the owner fails to maintain the dwelling unit in
accordance with housing quality standards, the PHA must take enforcement action. The unit
is in noncompliance with housing quality standards if:
The PHA or other inspector authorized by the state or local government determines the
unit has housing quality standards deficiencies based upon an inspection;
The agency or inspector notifies the owner in writing of the unit housing quality standards
deficiencies; and
The deficiencies are not remedied within the following timeframes:
-
For life-threatening deficiencies, the owner must correct the deficiency within 24 hours
of notification;
-
For other deficiencies, the owner must correct the deficiency within 30 calendar days
of notification (or any reasonable PHA-approved extension).
In the case of a housing quality standards deficiency that the PHA determines is caused by
the tenant, any member of the household, or any guest or other person under the tenant’s
control, other than any damage resulting from ordinary use, the PHA may waive the owner’s
responsibility to remedy the violation. Housing assistance payments to the owner may not be
withheld or abated if the owner responsibility has been waived. However, the PHA may
terminate assistance to a family because of a housing quality standards breach beyond
damage resulting from ordinary use caused by any member of the household or any guest or
other person under the tenant’s control, which may result in removing the unit from the HAP
contract.
PHA Policy
The PHA will waive the owner’s responsibility for housing quality standards
deficiencies that have been determined to have been caused by the tenant, any
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member of the household, or any guest or other person under the tenant’s control, to
the extent the tenant can be held responsible for ensuring that the deficiencies are
corrected: the tenant must take all necessary steps permissible under the lease and
state and local law to remedy the deficiency. This may include paying the owner for
the cost of the necessary repairs in accordance with the lease.
In the case of a housing quality standards deficiency that is caused by fire, natural disaster,
or similar extraordinary circumstances, the PHA may permit the owner to undertake
substantial improvement in accordance with 24 CFR 983.212. However, so long as the
contract unit with deficiencies is occupied, the PHA must withhold or abate housing
assistance payments and remove units from or terminate the HAP contract as described in
this section.
In the case of a project that is undergoing development activity after HAP contract execution,
the remedies of 24 CFR 983.208(d) do not apply to units designated as unavailable for
occupancy during the period of development activity in accordance with the rider. However, in
the case of any contract unit with deficiencies that is occupied, the PHA must withhold or
abate housing assistance payments and remove units from or terminate the HAP contract as
described in this section.
Family Obligation [24 CFR 983.208(c)]
The family may be held responsible for a breach of housing quality standards caused by any
of the following:
Tenant-paid utilities not in service;
Failure to provide or maintain appliances owned by the family; and
Damage to the dwelling unit or premises caused by a household member or guest beyond
ordinary wear and tear.
PHA Policy
Damages beyond ordinary wear and tear will be considered to be damages which
could be assessed against the security deposit under state law or in court practice.
If the PHA has waived the owner’s responsibility to remedy the violation, the following
applies:
If the housing quality standards breach caused by the family is life-threatening, the family
must take all steps permissible under the lease and state and local law to ensure the
deficiency is corrected within 24 hours of notification.
For other family-caused deficiencies, the family must take all steps permissible under the
lease and state and local law to ensure the deficiency is corrected within 30 calendar days
of notification (or any PHA-approved extension).
If the family has caused a breach of the housing quality standards, the PHA must take prompt
and vigorous action to enforce the family obligations. The PHA may terminate assistance for
the family in accordance with 24 CFR 982.552.
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PHA Remedies [24 CFR 983.208(d)]
The remedies listed below apply when housing quality standards deficiencies are identified
as the result of an inspection other than a pre-selection, initial, or turnover inspection. The
PHA must identify in its administrative plan the conditions under which it will withhold HAP
and the conditions under which it will abate HAP or terminate the HAP contract for units other
than the unit with housing quality standards deficiencies.
PHA Policy
The owner and the family will be notified in writing of the results of all inspections.
When an inspection identifies housing quality standards failures, the PHA will
determine (1) whether or not the failure is a life-threatening condition and (2) whether
the family or owner is responsible.
The PHA will not withhold assistance payments upon notification to the owner of the
deficiencies.
When life-threatening conditions are identified, the PHA will immediately notify both
parties by telephone or email. The notice will specify who is responsible for correcting
the violation. The corrective actions must be taken within 24 hours of the PHA’s notice.
When failures that are not life-threatening are identified, the PHA will send the owner
and the family a written notification of the inspection results within five business days
of the inspection. The written notice will specify who is responsible for correcting the
violation, and the time frame within which the failure must be corrected. Generally, not
more than 30 days will be allowed for the correction.
If the owner is responsible for correcting the deficiency, 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 PHA-approved extension), the owner’s HAP will be abated.
Likewise, if the family is responsible for correcting the deficiency, the notice will inform
the family that if corrections are not made within the specified time frame (or any PHA-
approved extension, if applicable) the family’s assistance will be terminated in
accordance with PHA policy (see Chapter 12).
HAP Withholding [24 CFR 983.208(d)(1)
A PHA may withhold assistance payments for units that have housing quality standards
deficiencies once the PHA has notified the owner in writing of the deficiencies. The PHA’s
administrative plan must identify the conditions under which the PHA will withhold HAP. In
this case, if the unit is brought into compliance during the applicable cure period, the PHA
resumes assistance payments and provides assistance payments to cover the time period for
which the payments were withheld.
PHA Policy
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The PHA will not withhold assistance payments upon notification to the owner of the
deficiencies.
HAP Abatement [24 CFR 983.208(d)(2)]
The PHA must abate the HAP, including amounts that had been withheld, if the owner fails to
make the repairs within the applicable cure period. The PHA may choose to abate payments
for all units covered by the HAP contract due to a contract unit’s noncompliance with the
housing quality standards, even if some of the contract units continue to meet housing quality
standards. In this case, the PHA must notify the family and the owner that it is abating
payments and, if the unit does not meet housing quality standards within 60 days (or a
reasonable longer period established by the PHA), the PHA will either terminate the HAP
contract or remove the unit with deficiencies from the HAP contract, and any family residing
in a unit that does not comply with housing quality standards will have to move if the family
wishes to receive continued assistance.
The owner may not terminate the tenancy of any family due to the withholding or abatement
of assistance.
PHA Policy
The PHA will make all HAP abatements effective the first of the month following the
expiration of the PHA-specified correction period (including any extension).
The PHA will abate payments only for those contract units that do not meet housing
quality standards.
The PHA will inspect abated units within five business days of the owner’s notification
that the work has been completed. Payment will resume effective on the day the unit
passes inspection.
During any abatement period the family continues to be responsible for its share of the rent.
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Failure to Make Repairs
If an owner fails to make required repairs within 60 days (or a reasonable longer period
established by the PHA) of the notice of abatement, the PHA must either remove the unit
from the HAP contract or terminate the HAP contract in its entirety. The PHA must issue the
family whose unit will be removed or all families residing in contract units, if the PHA is
terminating the HAP contract, a tenant-based voucher to move at least 30 days prior to the
removal of the unit from the HAP contract or termination of the HAP contract. A family may
elect to remain in the project if the project contains a unit that meets the requirements of that
section, with priority given to families who will remain in the same unit if there are insufficient
units available to accommodate all families that wish to remain. The PHA must give any
family residing in a unit that is either removed from the HAP contract or for which the HAP
contract is terminated due to a failure to correct housing quality standards deficiencies at
least 90 days or a longer period as the PHA determines is reasonably necessary following
the termination of the HAP contract or removal of the unit from the HAP contract to lease a
unit with tenant-based assistance.
PHA Policy
The PHA will issue a family whose HAP contract is being terminated due to an owner
failing to make required repairs within the required time frame a voucher no later than
30 days prior to the termination of the HAP contract. The initial term of the voucher will
be 120 calendar days. No briefing is required for these families.
In order to receive tenant-based assistance under the HCV program, the family must
submit a Request for Tenancy Approval and proposed lease within the 120-day period,
unless the PHA grants an extension. The PHA will follow the policies set forth in
Chapter 5 on voucher extension and expiration.
Offer of Public Housing [24 CFR 983.208(d)(6)(ii)]
If the family is unable to lease a new unit within the term of the voucher, and the PHA owns
or operates public housing, the PHA must offer, and, if accepted, provide the family a
selection preference for an appropriate-size public housing unit that first becomes available
for occupancy after the time period expires.
PHA Policy
The PHA does operate a public housing program and will provide a preference for
PBV families whose units are being removed from the HAP contract or whose HAP
contract is being terminated due to an owner failing to make required repairs within the
required time frame, and who were unable to lease a new unit within the term of the
voucher.
Thirty days prior to the expiration date of the voucher, the PHA will provide written
notice to the family stating that the PHA does provide such a preference and providing
an estimation of availability for the appropriately-size public housing unit.
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Relocation Assistance [24 CFR 983.208(d)(6)(iii)]
PHAs may assist families relocating due to the HAP contract being terminated as a result of
the owner failing to make required repairs within the required time frame in finding a new unit,
including using up to two months of the withheld and abated assistance payments for costs
directly associated with relocating to a new unit, including security deposits, temporary
housing costs, or other reasonable moving costs as determined by the PHA based on their
locality.
If the PHA uses withheld and abated payments to assist with relocation costs, the PHA must
provide security deposit assistance to the family as necessary. The PHA must assist families
with disabilities with locating available accessible units in accordance with 24 CFR 8.28
(a)(3). If the family receives security deposit assistance from the PHA for the new unit, the
PHA may require the family to remit the security deposit returned by the owner of the new
unit as such time that the lease is terminated, up to the amount of security deposit provided
by the PHA for that unit.
PHA Policy
The PHA will assist families with disabilities with locating available accessible units in
accordance with program requirements.
The PHA will use up to two months of withheld and abated payment to assist with any
required security deposit at the new unit. Funds will not be used for any other
relocation assistance.
If the family receives a refund of a security deposit for the new unit, the PHA will not
require any amount to be remitted to the PHA.
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17-V.D. AMENDMENTS TO THE HAP CONTRACT TO ADD OR SUBSTITUTE UNITS [24 CFR
983.207]
At the PHA’s discretion, the PHA and owner may execute an amendment to the HAP contract
to substitute a different unit with the same number of bedrooms in the same project for a
previously covered contract unit or to add additional contract units to the existing HAP
contract without a new proposal selection.
The proposed substituted or added units may be vacant or occupied (subject to the
requirements of 24 CFR 983.207(c) described below). Before any such substitution or
addition can take place:
The units must comply with housing quality standards;
The rent to owner must be reasonable; and
One of the following conditions must apply:
-
The units existed at the time of HAP contract execution; or
-
In the case of a project completed in stages, the units existed at the time of PHA
acceptance of the last completed units; or
-
A unit, office space, or common area within the interior of a building containing
contract units existed at the time described above, as applicable, and is reconfigured
without impacting the building envelope, subject to 24 CFR 983.207(d), into one or
more units to be added or substituted.
The PHA must describe in the administrative plan the circumstances under which it will add
or substitute contract units, and how those circumstances support the goals of the PBV
program.
PHA Policy
The PHA will add units to the contract on a case-by-case basis to ensure the
availability of affordable housing as long as the addition of units does not exceed
allowable project caps.
Addition of Contract Units [24 CFR 983.207(b)]
Before adding any contract units, the units must comply with housing quality standards and
the rent to owner must be reasonable. The additional PBV units, however, are still subject to
the PBV program cap and project cap. However, added units that qualify for an exclusion
from the program cap (as described in 24 CFR 983.59) or an exception to or exclusion from
the project cap (as described in 24 FR 983.54(c) and 24 CFR 983.59, respectively) do not
count toward such caps.
Substituting or Adding Occupied Units [24 CFR 983.207(c)]
The PHA may place occupied units on the HAP contract subject to the following:
The family occupying the unit must be eligible for assistance;
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The unit must be the appropriate for the size of the family occupying the unit under the
PHA’s subsidy standards;
The family must be selected from the waiting list in accordance with applicable selection
policies; and
The unit may be occupied by a family who was assisted with a tenant-based voucher
immediately prior to the unit being placed on the PBV HAP contract. The tenant-based
HAP contract for the unit must terminate before the unit may be placed under the PBV
HAP contract. The family occupying the unit is not a new admission to the voucher
program.
-
If the family is in the initial term of the tenant-based lease, the family agreed to
mutually terminate the tenant-based lease with the owner and enter into a PBV lease.
-
If the initial term of the tenant-based lease has passed or the end of that term
coincides with the time at which the unit will be placed on the PBV HAP contract, upon
the owner’s decision not to renew the tenant-based lease or to terminate the tenant-
based lease in accordance with 24 CFR 982.308 or 982.310, respectively, the family
agreed to relinquish the tenant-based voucher and enter into a PBV lease.
17-V.E. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR
983.207(B)(2) AND 983.302(E)]
The HAP contract year is the period of 12 calendar months preceding each annual
anniversary of the HAP contract during the HAP contract term. The initial contract year is
calculated from the first day of the first calendar month of the HAP contract term.
The annual anniversary of the HAP contract is the first day of the first calendar month after
the end of the preceding contract year.
There is a single annual anniversary and expiration date for all units under a particular HAP
contract, even in cases where contract units are placed under the HAP contract in stages (on
different dates) or units are added by amendment. The anniversary and expiration dates for
all units coincide with the dates for the contract units that were originally placed under
contract.
17-V.F. OWNER RESPONSIBILITIES UNDER THE HAP CONTRACT [24 CFR 983.210]
When the owner executes the HAP contract s/he certifies that at such execution and at all
times during the term of the HAP contract:
All contract units are in good condition and the owner is maintaining the premises and
contract units in accordance with HQS;
The owner is providing all services, maintenance, equipment and utilities as agreed to
under the HAP contract and the leases;
Each contract unit for which the owner is receiving HAP, is leased to an eligible family
referred by the PHA, and the lease is in accordance with the HAP contract and HUD
requirements;
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To the best of the owner’s knowledge the family resides in the contract unit for which the
owner is receiving HAP, and the unit is the family’s only residence;
The owner (including a principal or other interested party) is not the spouse, parent, child,
grandparent, grandchild, sister, or brother of any member of a family residing in a contract
unit;
The amount of the HAP the owner is receiving is correct under the HAP contract;
The rent for contract units does not exceed rents charged by the owner for comparable
unassisted units;
Except for HAP and tenant rent, the owner has not received and will not receive any other
payment or consideration for rental of the contract unit;
The family does not own or have any interest in the contract unit (does not apply to
family's membership in a cooperative); and
Repair work on the project selected as an existing project that is performed after HAP
execution within such post-execution period as specified by HUD may constitute
development activity, and if determined to be development activity, the repair work
undertaken shall be in compliance with Davis-Bacon wage requirements.
17-V.F. ADDITIONAL HAP REQUIREMENTS
Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.208(a)]
The owner is required to maintain and operate the contract units and premises in accordance
with HQS, including performance of ordinary and extraordinary maintenance. The owner
must provide all the services, maintenance, equipment, and utilities specified in the HAP
contract with the PHA and in the lease with each assisted family. In addition, maintenance,
replacement and redecoration must be in accordance with the standard practice for the
building as established by the owner.
The PHA may elect to establish additional requirements for quality, architecture, or design of
PBV housing. Any such additional requirements must be specified in the Agreement to enter
into a HAP contract and the HAP contract. These requirements must be in addition to, not in
place of, compliance with HQS.
PHA Policy
The PHA will identify the need for any special features on a case-by-case basis
depending on the intended occupancy of the PBV project. The PHA will specify any
special design standards or additional requirements in the invitation for PBV
proposals, the agreement to enter into HAP contract, and the HAP contract.
Vacancy Payments [24 CFR 983.352(b)]
At the discretion of the PHA, the HAP contract may provide for vacancy payments to the
owner for a PHA-determined period of vacancy extending from the beginning of the first
calendar month after the move-out month for a period not exceeding two full months following
the move-out month. The amount of the vacancy payment will be determined by the PHA and
cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the
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rental payment received by the owner (including amounts available from the tenant’s security
deposit).
PHA Policy
The PHA will decide on a case-by-case basis if the PHA 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.
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PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS
17-VI.A. OVERVIEW
Many of the provisions of the tenant-based voucher regulations [24 CFR 982] also apply to
the PBV program. This includes requirements related to determining eligibility and selecting
applicants from the waiting list. Even with these similarities, there are requirements that are
unique to the PBV program. This part describes the requirements and policies related to
eligibility and admission to the PBV program.
17-VI.B. ELIGIBILITY FOR PBV ASSISTANCE [24 CFR 983.251(A) AND (B)]
The PHA may select families for the PBV program from those who are participants in the
PHA’s tenant-based voucher program and from those who have applied for admission to the
voucher program. For voucher participants, eligibility was determined at original admission to
the voucher program and does not need to be redetermined at the commencement of PBV
assistance. For all others, eligibility for admission must be determined at the commencement
of PBV assistance using information received and verified by the PHA within a period of 60
days before commencement of PBV assistance. For all families, the PHA must determine the
total tenant payment for the family is less than the gross rent, such that the unit will be eligible
for a monthly HAP.
Applicants for PBV assistance must meet the same eligibility requirements as applicants for
the tenant-based voucher program. Applicants must qualify as a family as defined by HUD
and the PHA, meet asset limitation requirements, have income at or below HUD-specified
income limits, and qualify on the basis of citizenship or the eligible immigration status of
family members [24 CFR 982.201(a) and 24 CFR 983.2(a)]. In addition, an applicant family
must provide social security information for family members [24 CFR 5.216 and 5.218] and
consent to the PHA’s collection and use of family information regarding income, expenses,
and family composition [24 CFR 5.230]. The PHA may also not approve a tenancy if the
owner (including a principal or other interested party) of the unit is the parent, child,
grandparent, grandchild, sister, or brother of any member of the family, unless needed as a
reasonable accommodation. An applicant family must also meet HUD requirements related to
current or past criminal activity.
PHA Policy
The PHA will determine an applicant family’s eligibility for the PBV program in
accordance with the policies in Chapter 3.
In-Place Families [24 CFR 983.251(b)]
An family residing in a proposed PBV contract unit on the proposal or project selection date is
considered an “in-place family.” If an in-place family is determined to be eligible prior to
placement of the family’s unit on the HAP contract, the in-place family must be placed on the
PHA’s waiting list (if the family is not already on the list). Once the family’s continued eligibility
is determined (the PHA may deny assistance to an in-place family for the grounds specified
in 24 CFR 982.552 and 982.553), the family must be given an absolute selection preference
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and the PHA must refer these families to the applicable project owner for an appropriately
sized PBV unit in the specific project. Admission of eligible in-place families is not subject to
income targeting requirements.
During the initial term of the lease under the tenant-based tenancy, an in-place tenant-based
voucher family may agree, but is not required, to mutually terminate the lease with the owner
and enter into a lease and tenancy under the PBV program. If the family chooses to continue
the tenant-based assisted tenancy, the unit may not be added to the PBV HAP contract. The
owner may not terminate the lease for other good cause during the initial term unless the
owner is terminating the tenancy because of something the family did or failed to do in
accordance with 24 CFR 982.310(d)(2). The owner is expressly prohibited from terminating
the tenancy during the initial term of the lease based on the family’s failure to accept the offer
of a new lease or revision, or for a business or economic reason.
If, after the initial term, the owner chooses not to renew the lease or terminates the lease for
other good cause (as defined in 24 CFR 982.310(d)) to end the tenant-based assisted
tenancy, the family would be required to move with continued tenant-based assistance or
relinquish the tenant-based voucher and enter into a new lease to receive PBV assistance in
order to remain in the unit.
17-VI.C. ORGANIZATION OF THE WAITING LIST [24 CFR 983.251(C)]
Applicants who will occupy units with PBV assistance must be selected from the waiting list
for the PBV program. The PHA or owner (as applicable) may establish selection criteria or
preferences for occupancy of particular PBV units. The PHA may place families referred by
the PBV owner on its PBV waiting list. The PHA must establish in the administrative plan the
options it will use to structure the PBV waiting list. The PHA may:
Use a separate, central, waiting list comprised of more than one or all PBV projects;
Use the same waiting list for both tenant-based and some or all PBV projects;
Use a separate waiting list for PBV units in individual projects or buildings (or for sets of
such units) (which may be used in combination with either of the above options and may
be maintained by the owner); or
Merge the PBV waiting list with a waiting list for other assisted housing programs offered
by the PHA.
If the PHA chooses to offer a separate waiting list for PBV assistance, the PHA must offer to
place applicants who are listed on the tenant-based waiting list on the waiting list for PBV
assistance. The PHA must specify the name of the PBV projects in its administrative plan.
PHA Policy
The PHA will establish and manage separate waiting lists for individual projects or
buildings that are receiving PBV assistance. The PHA currently has waiting lists for the
following PBV projects:
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Proposed new project through RAD transfer of assistance to Villas on McQueen
located on McQueen and Chandler Blvd (2025).
PHA Waiting List Preferences [24 CFR 983.251(c)(3)]
The PHA may establish in its administrative plan any preferences for occupancy of particular
units including the name of the projects and the specific preferences that are to be used by
project. Criteria for occupancy of units (e.g., elderly families) may also be established,
however, selection of families must be done through admission preference. The PHA may
use the same selection preferences that are used for the tenant-based voucher program,
establish selection criteria or preferences for the PBV program as a whole, or for occupancy
of particular PBV developments or units. The PHA must provide an absolute selection
preference for eligible in-place families as described in Section 17-VI.B. above. For both
excepted units and units under the increased program cap, 24 CFR 983.262(b)(2) requires
that the PHA must select families from the waiting list though an admission preference for
these types of units.
PHA Policy
The PHA will provide a selection preference when required by the regulation (e.g.,
eligible in-place families, elderly families or units with supportive services, or mobility
impaired persons for accessible units). The PHA will not offer any additional
preferences for the PBV program or for particular PBV projects or units.
[See the Guide for Chapter 17 and insert information on applicable preferences.]
17-VI.D. OWNER-MAINTAINED WAITING LISTS [24 CFR 983.251(c)(7)]When the PHA uses
separate waiting lists for individual projects or buildings, the PHA may establish in the
administrative plan that owners will maintain the waiting lists.
All HCV waiting list administration requirements that apply to the PBV program also apply to
owner-maintained waiting lists [24 CFR part 982, subpart E, other than 24 CFR 982.201(e),
982.202(b)(2), and 982.204(d)].
Under an owner-maintained waiting list, the owner is responsible for carrying out
responsibilities including, but not limited to:
Processing changes in applicant information;
Removing an applicant’s name from the waiting list;
Opening and closing the waiting list;
-
If the owner-maintained waiting list is open and additional applicants are needed to fill
vacant units, the owner must give public notice in accordance with the requirements of
24 CFR 982.206 and the owner waiting list policy.
Maintaining complete and accurate records as described in 24 CFR 982.158; and
Giving the PHA, HUD, and the Comptroller General full and free access to its offices and
records concerning waiting list management, as described in 24 CFR 982.158(c).
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Applicants already on the PHA’s waiting list (including the tenant-based waiting list) must be
permitted to place their names on the project’s waiting lists.
Applicants may apply directly at the project, or the applicant may request that the PHA refer
the applicant to the owner for placement on the project’s waiting list. The PHA must disclose
to the applicant all the PBV projects available to the applicant, including the projects’ contact
information and other basic information about the project.
PHA Policy
The PHA will establish owner-maintained waiting lists at the following PBV projects:
[Insert list of projects for which owners maintain waiting lists.]
The PHA will disclose information to all applicants about all the PBV projects, including
the projects’ contact information and other basic information such as the location,
number of accessible units, types of excepted units (if any), amenities, and anticipated
waiting time.
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Owner Waiting List Policy [24 CFR 983.251(c)(7)(i)]
The owner must develop and submit to the PHA a written owner waiting list policy that must
include:
Policies and procedures concerning waiting list management and selection of applicants
from the project’s waiting list, including any admission preferences;
Procedures for removing applicant names from the waiting list; and
Procedures for closing and reopening the waiting list.
The owner must receive approval from the PHA in accordance with the process established
in the PHA’s administrative plan, and the PHA must include the owner’s waiting list policy in
the PHA’s administrative plan.
PHA Policy
Prior to any owner initially managing a waiting list, the owner must develop and submit
a written owner waiting list policy to the PHA. Owners may not operate a waiting list
without prior PHA approval. The PHA will review the owner’s policy to ensure that, at a
minimum, it includes policies and procedures concerning waiting list management and
selection of applicants from the project’s waiting list, including any admission
preferences; procedures for removing applicant names from the waiting list; and
procedures for closing and reopening the waiting list. Further, if the owner will maintain
waiting list preferences, the owner must also receive written approval from the PHA for
any preferences that will be applicable to the project (see Preferences below).
The PHA will not approve any owner waiting list policies that do not meet minimum
requirements as described in the regulations and PHA policy. Owner policies must be
submitted electronically to the PHA. If, upon review, the PHA is unable to approve the
policy, the PHA will send the owner written notice via email specifying the reasons the
policy is being disapproved. The owner will have 10 business days to amend and
resubmit the policy to the PHA, subject to extensions for good cause, which the owner
must request prior to the end of the 10-bussiness day period. The owner must receive
final written approval from the PHA prior to maintaining a waiting list. Once an owner’s
policy is approved, the PHA will email the owner a copy of the approval and will
maintain a copy of the approval in the project records. The PHA will also amend its
administrative plan to include the name of the project and the owner’s waiting list
policy. All owner waiting list policies are included at the end of this chapter as Exhibit
17-3.
The owner must submit any changes to the waiting list policy to the PHA in writing
electronically 30 days prior to implementing the changes. The PHA will review the
proposed changes and will provide the owner with a written approval or denial letter
via email. The owner may not implement any changes to the waiting list policy without
prior PHA approval. Changes to the owner’s policy will be included in the PHA’s
administrative plan.
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Owner-Maintained Waiting List Preferences [24 CFR 983.251(c)(7)(ii)]
For any owner-maintained waiting lists, the owner may not give selection preferences to
families without prior PHA approval. The PHA will review and approve owner preferences as
part of its owner waiting list policy approval process. All owner preferences must be
consistent with the PHA Plan. If applicable, the owner must give an absolute preference to
eligible families residing in a proposed PBV contract unit on the date the proposal or project
is selected by the PHA (“in-place families”) in accordance with 24 CFR 983.251(b).
If the project offers services for a particular type of disability, the owner’s preference must be
provided to all applicants who qualify for the voluntary services offered in conjunction with the
assisted units and may not require families to accept the particular services offered at the
project nor require families to provide their own equivalent services if they decline the
project’s services. The owner may not grant a preference for persons with specific disabilities.
In advertising the project, the owner may advertise the project as offering services for a
particular type of disability; however, the preference must be provided to all applicants who
qualify for the voluntary services offered in conjunction with the assisted units. The owner is
responsible for notifying the family of any determination that the family is not eligible for a
preference.
Preliminary Eligibility Determinations [24 CFR 983.251(c)(7)(vi)]
At the discretion of the PHA, the owner may make preliminary eligibility determinations for
purposes of placing the family on the waiting list and preference eligibility determinations. The
PHA may choose to make this determination rather than delegating it to the owner.
Once an owner selects the family from the waiting list, the owner refers the family to the PHA
who then determines the family’s final program eligibility. The owner may not offer a unit to
the family until the PHA determines that the family is eligible for the program.
PHA Policy
The PHA will allow the owner to make preliminary eligibility determinations for
purposes of placing the family on the waiting list. The owner must review each
completed application received and make a preliminary assessment of the family’s
eligibility. Applicants for whom the waiting list is open must be placed on the waiting
list unless the owner determines the family to be ineligible. If the owner determines
from the information provided that a family is ineligible, the family will not be placed on
the waiting list. The owner is responsible for notifying the family and the PHA of the
owner’s determination not to place the applicant on the waiting list. In such a case, the
owner is responsible for providing notice in accordance with 24 CFR 982.554(a). The
owner must give the applicant prompt notice of a decision denying assistance to the
applicant. The notice must contain a brief statement of the reasons for the owner
decision and must also state that the applicant may request an informal review by the
PHA.
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PHA Oversight [24 CFR 983.251(c)(7)(x)]
The PHA is responsible for oversight of owner-maintained waiting lists to ensure that they are
administered properly and in accordance with program requirements, including but not limited
to nondiscrimination and equal opportunity requirements under 24 CFR 5.105(a). The PHA
must identify in the administrative plan the oversight procedures the PHA will use to ensure
these requirements are met.
PHA Policy
The PHA will review owner waiting list and waiting list procedures annually. The owner
must maintain an electronic waiting list and provide the PHA electronic records upon
request. The PHA will review the owner’s waiting list policy to ensure the following:
No changes were made to the owner’s waiting list policy without prior PHA
approval;
Applicants were selected from the waiting list in the proper order, recognizing
applicable preferences;
If applicable, when preferences were applied, they were properly documented;
If the owner opens the waiting list, the owner complied with requirements of 24
CFR 982.206;
The owner’s waiting list complies with all equal opportunity requirements listed
under 24 CFR 5.105(a); and
Families in need of vacant accessible units were identified on the waiting list (as
applicable).
The PHA will communicate any deficiencies found during the waiting list review to the
owner in writing via email within 10 business days after the PHA completes its review.
The owner must provide the PHA with a written response detailing how deficiencies
were remedied within 30 calendar days of the PHA’s email notification.
By signing the HAP contract, the owner certifies that at all times during the term of the
HAP contract, each contract unit for which the owner is receiving housing assistance
payments is leased to an eligible family selected from the owner-maintained waiting
list. Serious noncompliance identified by the PHA may result in the owner losing the
ability to maintain the waiting list. If the PHA determines that the owner has breached
the HAP contract, the PHA may exercise any of its rights or remedies under the HAP
contract, including but not limited to contract termination.
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17-VI.E. SELECTION FROM THE WAITING LIST [24 CFR 983.251(C)]
Income Targeting [24 CFR 983.251(c)(9)]
At least 75 percent of the families admitted to the PHA’s tenant-based and project-based
voucher programs during the PHA fiscal year from the waiting list (including owner-
maintained PBV waiting lists) must be extremely low-income families. The income targeting
requirement applies to the total of admissions to both programs.
Units with Accessibility Features [24 CFR 983.251(c)(9)]
Families who require particular accessibility features for persons with disabilities must be
selected first to occupy PBV units with such accessibility features. The PHA must have some
mechanism for referring to accessible PBV units a family that includes a person with a
mobility or sensory impairment.
17-VI.F. OFFER OF PBV ASSISTANCE OR OWNER’S REJECTION
If a family refuses the PHA’s offer of PBV assistance or the owner rejects a family for
admission, the family’s position on the PHA waiting list for tenant-based assistance is not
affected regardless of the type of PBV waiting list used by the PHA. The impact (of a family’s
rejection of the offer or the owner’s rejection of the family) on a family’s position on the PBV
waiting list will be determined as follows:
If a central PBV waiting list is used, the PHA’s administrative plan must address the
number of offers a family may reject without good cause before the family is removed
from the PBV waiting list and whether the owner’s rejection will impact the family’s place
on the PBV waiting list.
If a project-specific PBV waiting list is used, the family’s name is removed from the
project’s waiting list connected to the family’s rejection of the offer without good cause or
the owner’s rejection of the family. The family’s position on any other project-specific PBV
waiting list is not affected.
The PHA must define good cause in its administrative plan. The PHA’s definition of good
cause must include, at minimum, that:
-
The family determines the unit is not accessible to a household member with a
disability or otherwise does not meet the member’s disability-related needs;
-
The unit has housing quality standards deficiencies;
-
The family is unable to accept the offer due to circumstances beyond the family’s
control (such as hospitalization, temporary economic hardship, or natural disaster);
and
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-
The family determines the unit presents a health or safety risk to a household member
who is or has been a victim of domestic violence, dating violence, sexual assault, or
stalking.
PHA Policy
The PHA will define good cause for rejection of a unit offer as any of the factors
listed above.
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The PHA must not take any of the following actions against a family who has applied for,
received, or refused an offer of PBV assistance:
Refuse to list the applicant on the waiting list for tenant-based voucher assistance;
-
The PHA (or owner in the case of owner-maintained waiting lists) is not required to
open a closed waiting list to place the family on that waiting list.
Deny any admission preference for which the applicant is currently qualified;
Change the applicant’s place on the waiting list based on preference, date, and time of
application, or other factors affecting selection from the waiting list;
Remove the applicant from the tenant-based voucher waiting list.
Acceptance of Offer [24 CFR 983.252(a) and (b)]
Family Briefing
When a family accepts an offer for PBV assistance, the PHA must give the family an oral
briefing. The briefing must include information on how the program works, the responsibilities
of the family and owner, and the family’s right to move.
In addition to the oral briefing, the PHA must provide a briefing packet that contains the
following information:
How the PHA determines the total tenant payment for a family;
The family obligations under the program;
Information on federal, state, and local equal opportunity laws, the contact information for
the Section 504 coordinator, a copy of the housing discrimination complaint form, and
information on how to request a reasonable accommodation or modification under Section
504, the Fair Housing Act, and the Americans with Disabilities Act;
PHA subsidy standards, including when the PHA will consider granting exceptions to the
standards, and when exceptions are required as a reasonable accommodation for a
person with disabilities under Section 504, the Fair Housing Act, or the Americans with
Disabilities Act; and
The family’s right to move.
The PHA and family must sign the statement of family responsibility.
Persons with Disabilities
The PHA must take appropriate steps to ensure effective communication, in accordance with
24 CFR 8.6 and 28 CFR Part 35, subpart E, and must provide information on the reasonable
accommodation process in conducting the oral briefing and in providing the written
information packet. This may include making alternative formats available (see Chapter 2). In
addition, the PHA must have a mechanism for referring a family that includes a member with
a mobility impairment to an appropriate accessible PBV unit.
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Persons with Limited English Proficiency [24 CFR 983.252(d)]
The PHA must take reasonable steps to ensure meaningful access by persons with limited
English proficiency in accordance with Title VI of the Civil Rights Act of 1964, HUD’s
implementing regulation at 24 CFR Part 1, Executive Order 13166 (see Chapter 2), and
HUD’s Final Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient
Persons (72 FR 2732) or successor authority.
19-VI.G. LEASING OF CONTRACT UNITS [24 CFR 983.252]The owner is responsible for
developing written tenant selection procedures that are consistent with the purpose of
improving housing opportunities for very low-income families and reasonably related to
program eligibility and an applicant’s ability to fulfill their obligations under the lease. An
owner must promptly notify in writing any rejected applicant of the grounds for any rejection
[24 CFR 983.253(a)(2) and (a)(3)]. The owner must provide a copy of the rejection notice to
the PHA. During the term of the HAP contract, the owner must lease contract units to eligible
families that are selected from the waiting list for the PBV program. The contract unit leased
to the family must be the appropriate size unit for the size of the family, based on the PHA’s
subsidy standards.
Filling Vacancies [24 CFR 983.254(a)]
The PHA and the owner must make reasonable, good-faith efforts to minimize the likelihood
and length of any vacancy in a contract unit. However, contract units in a rehabilitated
housing project undergoing development activity after HAP contract execution that are not
available for occupancy are not subject to this requirement.
If an owner-maintained waiting list is used, the owner must promptly notify the PHA of any
vacancy or expected vacancy in a contract unit and refer the family to the PHA for final
eligibility determination. The PHA must make every reasonable effort to make such final
eligibility determination within 30 calendar days.
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If a PHA-maintained waiting list is used, the owner must promptly notify the PHA of any
vacancy or expected vacancy in a contract unit. After receiving such notice, the PHA must
make every reasonable effort to promptly refer a sufficient number of families for the owner to
fill such vacancies within 30 calendar days.
PHA Policy
For units where the waiting list is owner-maintained, the owner must notify the PHA in
writing via email within five business days of learning about any vacancy or expected
vacancy.
The owner is responsible for notifying the family of their selection from the waiting list.
The PHA will make every reasonable effort to notify the owner in writing via email of
the PHA’s eligibility determination within 30 calendar days of receiving such notice
from the owner. If the family is determined eligible, the PHA will notify the family and
refer them back to the owner for a suitability screening. If the owner rejects the family
after conducting a suitability screening, the owner must provide a copy of the rejection
notice to the PHA. The owner may not offer a unit to a family until the PHA determines
that the family is eligible for the program and has given the owner written confirmation.
For units where the waiting list is PHA-maintained, the owner must notify the PHA in
writing via email within five business days of learning about any vacancy or expected
vacancy. The PHA will refer families determined eligible to the owner for a suitability
determination within 30 calendar days of receiving such notice from the owner. If the
owner rejects the family after conducting a suitability screening, the owner must
provide a copy of the rejection notice to the PHA. The owner may not offer a unit to a
family until the PHA determines that the family is eligible for the program and has
given the owner written confirmation.
Reduction in HAP Contract Units Due to Vacancies [24 CFR 983.254(b)]
If any contract units have been vacant for 120 or more days since owner notice of the
vacancy, and notwithstanding the reasonable good-faith efforts of the PHA and the owner to
fill such vacancies, the PHA may give notice to the owner amending the HAP contract to
reduce the number of contract units by subtracting the number of contract units (according to
the bedroom size) that have been vacant for this period.
PHA Policy
If any contract units have been vacant for 120 days, the PHA 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 PHA will provide the notice to the owner
within 10 business 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 PHA’s notice.
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17-VI.H. TENANT SCREENING [24 CFR 983.255]
PHA Option
The PHA is not responsible or liable to the owner or any other person for the family’s
behavior or suitability for tenancy. However, the PHA may opt to screen applicants for family
behavior or suitability for tenancy and may deny applicants based on such screening.
PHA Policy
The PHA will not conduct screening to determine a PBV applicant family’s suitability
for tenancy.
The PHA must provide the owner with an applicant family’s current and prior address (as
shown in PHA records) and the name and address (if known by the PHA) of the family’s
current landlord and any prior landlords.
In addition, the PHA may offer the owner other information the PHA may have about a family,
including information about the tenancy history of family members or about drug trafficking
and criminal activity by family members. The PHA must provide applicant families a
description of the PHA policy on providing information to owners, and the PHA must give the
same types of information to all owners.
The protections for victims of domestic violence, dating violence, sexual assault, stalking, or
human trafficking in 24 CFR part 5, subpart L, apply to tenant screening. The PHA may not
disclose to the owner any confidential information provided in response to a request for
documentation of domestic violence, dating violence, sexual assault, stalking, or human
trafficking, except at the written request or with the written consent of the individual providing
the documentation [see 24 CFR 5.2007(a)(4)].
PHA Policy
The PHA will inform owners of their responsibility to screen prospective tenants and
will provide owners with the required known name and address information, at the time
of the turnover inspection or before. The PHA will not provide any additional
information to the owner, such as tenancy history, criminal history, etc.
Owner Responsibility
The owner is responsible for screening and selection of the family to occupy the owner’s unit.
When screening families the owner may consider a family’s background with respect to the
following factors:
Payment of rent and utility bills;
Caring for a unit and premises;
Respecting the rights of other residents to the peaceful enjoyment of their housing;
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Drug-related criminal activity or other criminal activity that is a threat to the health, safety,
or property of others; and
Compliance with other essential conditions of tenancy.
PART VII: OCCUPANCY
17-VII.A. OVERVIEW
After an applicant has been selected from the waiting list, determined eligible by the PHA,
referred to an owner and determined suitable by the owner, the family will sign the lease and
occupancy of the unit will begin.
17-VII.B. LEASE [24 CFR 983.256]
The tenant must have legal capacity to enter a lease under state and local law. Legal
capacity means that the tenant is bound by the terms of the lease and may enforce the terms
of the lease against the owner [24 CFR 983.256(a)].
Form of Lease [24 CFR 983.256(b)]
The tenant and the owner must enter into a written lease agreement that is signed by both
parties. If an owner uses a standard lease form for rental units to unassisted tenants in the
locality or premises, the same lease must be used for assisted tenants, except that the lease
must include a HUD-required tenancy addendum. The tenancy addendum must include, word
-for-word, all provisions required by HUD.
If the owner does not use a standard lease form for rental to unassisted tenants, the owner
may use another form of lease, such as a PHA model lease.
The PHA may review the owner’s lease form to determine if the lease complies with state and
local law. If the PHA determines that the lease does not comply with state or local law, the
PHA may decline to approve the tenancy.
PHA Policy
The PHA will not review the owner’s lease for compliance with state or local law.
Lease Requirements [24 CFR 983.256(c)]
The lease for a PBV unit must specify all of the following information:
The names of the owner and the tenant;
The unit rented (address, apartment number, if any, and any other information needed to
identify the leased contract unit);
The term of the lease (initial term and any provision for renewal);
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The amount of the tenant rent to owner, which is subject to change during the term of the
lease in accordance with HUD requirements;
A specification of the services, maintenance, equipment, and utilities that will be provide
by the owner; and
The amount of any charges for food, furniture, or supportive services.
Tenancy Addendum [24 CFR 983.256(d)]
The tenancy addendum in the lease must state:
The program tenancy requirements;
The composition of the household as approved by the PHA (the names of family members
and any PHA-approved live-in aide);
All provisions in the HUD-required tenancy addendum must be included in the lease. The
terms of the tenancy addendum prevail over other provisions of the lease.
Initial Term and Lease Renewal [24 CFR 983.256(f)]
The initial lease term must be for at least one year. The lease must provide for automatic
renewal after the initial term of the lease in either successive definitive terms (e.g. month-to-
month or year-to-year) or an automatic indefinite extension of the lease term. For automatic
indefinite extension of the lease term, the lease terminates if any of the following occur:
The owner terminates the lease for good cause
The tenant terminates the lease
The owner and tenant agree to terminate the lease
The PHA terminates the HAP contract
The PHA terminates assistance for the family
Changes in the Lease [24 CFR 983.256(e)]
If the tenant and owner agree to any change in the lease, the change must be in writing, and
the owner must immediately give the PHA a copy of all changes.
The owner must notify the PHA in advance of any proposed change in the lease regarding
the allocation of tenant and owner responsibilities for utilities. Such changes may only be
made if approved by the PHA and in accordance with the terms of the lease relating to its
amendment. The PHA must redetermine reasonable rent, in accordance with program
requirements, based on any change in the allocation of the responsibility for utilities between
the owner and the tenant. The redetermined reasonable rent will be used in calculation of the
rent to owner from the effective date of the change.
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Owner Termination of Tenancy [24 CFR 983.257]
With two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons
an owner may in the tenant-based voucher program (see Section 12-III.B. and 24 CFR
982.310). In the PBV program, terminating tenancy for “good cause” does not include doing
so for a business or economic reason, or a desire to use the unit for personal or family use or
other non-residential purpose. The regulations at 24 CFR 5.858 through 5.861 on eviction for
drug and alcohol abuse and 24 CFR Part 5, subpart L (Protection for Victims of Domestic
Violence, Dating Violence, Sexual Assault, or Stalking) apply to the PBV program.
In addition, the owner may terminate the tenancy in accordance with the requirements related
to lease terminations for development activity on units under a HAP contract and for
substantial improvement to units under a HAP contract.
Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)]
The lease may specify a maximum period of family absence from the unit that may be shorter
than the maximum period permitted by PHA policy. According to program requirements, the
family’s assistance must be terminated if they are absent from the unit for more than 180
consecutive days. PHA termination of assistance actions due to family absence from the unit
are subject to 24 CFR 981.312, except that the unit is not terminated from the HAP contract if
the family is absent for longer than the maximum period permitted.
Continuation of Housing Assistance Payments [24 CFR 982.258]
Housing assistance payments shall continue until the tenant rent equals the rent to owner.
The cessation of housing assistance payments at such point will not affect the family's other
rights under its lease, nor will such cessation preclude the resumption of payments as a
result of later changes in income, rents, or other relevant circumstances if such changes
occur within 180 days following the date of the last housing assistance payment by the PHA.
After the 180-day period, the unit shall be removed from the HAP contract pursuant to 24
CFR 983.211.
PHA Policy
If a participating family receiving zero assistance experiences a change in
circumstances that would result in a HAP payment to the owner, the family must notify
the PHA of the change and request an interim reexamination before the expiration of
the 180-day period.
Security Deposits [24 CFR 983.259]
The owner may collect a security deposit from the tenant. The PHA may prohibit security
deposits in excess of private market practice, or in excess of amounts charged by the owner
to unassisted tenants.
PHA Policy
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The PHA will allow the owner to collect a security deposit amount the owner
determines is appropriate.
When the tenant moves out of a contract unit, the owner, subject to state and local law, may
use the security deposit, including any interest on the deposit, in accordance with the lease,
as reimbursement for any unpaid tenant rent, damages to the unit, or other amounts owed by
the tenant under the lease.
The owner must give the tenant a written list of all items charged against the security deposit
and the amount of each item. After deducting the amount used to reimburse the owner, the
owner must promptly refund the full amount of the balance to the tenant.
If the security deposit does not cover the amount owed by the tenant under the lease, the
owner may seek to collect the balance from the tenant. The PHA has no liability or
responsibility for payment of any amount owed by the family to the owner.
17-VII.C. MOVES
Overcrowded, Under-Occupied, and Accessible Units [24 CFR 983.260]
If the PHA determines that a family is occupying a wrong size unit, based on the PHA’s
subsidy standards, or a unit with accessibility features that the family does not require, and
the unit is needed by a family that does require the features, the PHA must promptly notify
the family and the owner of this determination, and within 60 days of the determination, and
the PHA must offer the family the opportunity to receive continued housing assistance in
another unit.
PHA Policy
The PHA will notify the family and the owner of the family’s need to move based on the
occupancy of a wrong-size or accessible unit within 10 business days of the PHA’s
determination. The PHA 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.
If no continued housing assistance is available, the PHA must remove the wrong-sized or
accessible unit from the HAP contract to make voucher assistance available to issue the
family a tenant-based voucher.
If the PHA offers the family a tenant-based voucher, the PHA must terminate the housing
assistance payments for a wrong-sized or accessible unit at the earlier of the expiration of the
term of the family’s voucher (including any extension granted by the PHA) or the date upon
which the family vacates the unit. If the family does not move out of the wrong-sized unit or
accessible unit by the expiration of the term of the family's voucher, the PHA must remove
the unit from the HAP contract.
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If the PHA offers the family another form of assistance that is not a tenant-based voucher, the
PHA must terminate the housing assistance payments for the wrong-sized or accessible unit
and remove the unit from the HAP contract when:
The PHA has offered PBV assistance or other project-based assistance in an
appropriately sized unit, and the family does not accept the offer, does not move out of
the PBV unit within a reasonable time as determined by the PHA (not to exceed 90 days);
or
The PHA has offered other comparable tenant-based rental assistance, the family either
accepts or does not accept the offer but does not move out of the PBV unit within a
reasonable time as determined by the PHA (not to exceed 90 days).
In either of the above situations, the family may request, and the PHA may grant, one
extension not to exceed up to an additional 90 days to accommodate the family’s efforts to
locate affordable, safe, and geographically proximate replacement housing.
The PHA must terminate the housing assistance payments for the wrong-sized or accessible
unit and remove the unit from the HAP contract when the PHA has offered PBV assistance or
other project-based assistance in an appropriately sized unit, and the family accepts the offer
but does not move out of the PBV unit within a reasonable time as determined by the PHA
(not to exceed 90 days). No extensions may be granted in this case. The PHA may reinstate
a removed unit to the HAP contract after the family vacates the property, in accordance with
24 CFR 983.207(b).
PHA Policy
When the PHA 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 PHA will terminate the housing assistance payments at the expiration of this
30-day period.
The PHA 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.
Family Right to Move [24 CFR 983.261]
The family may terminate the lease at any time after one year of PBV assistance. The family
must give advance written notice to the owner in accordance with the lease and provide a
copy of such notice to the PHA. If the family wishes to move with continued tenant-based
assistance, the family must contact the PHA to request the rental assistance prior to
providing notice to terminate the lease. The right to request a move with tenant-based
assistance does not expire, and the family may request a move at any time after the one-year
period has expired.
If the family terminates the lease in accordance with these requirements, the PHA is required
to offer the family the opportunity for continued tenant-based assistance, in the form of a
voucher or other comparable tenant-based rental assistance. The PHA must specify in the
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administrative plan whether it will offer families assistance under the voucher program or
other comparable tenant-based rental assistance. If voucher assistance is offered to the
family and the search term expires, the PHA must issue the voucher to the next eligible family
before issuing another voucher to the family that requested to move. If voucher or other
comparable tenant-based assistance is not immediately available uponthe family’s request to
the PHA, the PHA must give the family priority to receive the next available opportunity for
continued tenant-based assistance. The PHA must describe in its Administrative Plan its
policies and procedures for how the family must contact the PHA and how the PHA
documents families waiting for continued tenant-based rental assistance.
If the family terminates the assisted lease before the end of the first year, the family
relinquishes the opportunity for continued tenant-based assistance.
Emergency Transfers under VAWA [Notice PIH 2017-08 and 24 CFR 983.261(f) and (g]
In the case of a move due to domestic violence, dating violence, sexual assault, stalking, or
human trafficking, PHAs must describe policies for facilitating emergency transfers for
families with PBV assistance in their Emergency Transfer Plan, including when a victim has
been living in a unit for less than a year or when a victim seeks to move sooner than a tenant-
based voucher is available.
When the family or a member of the family is or has been the victim of domestic violence,
dating violence, sexual assault, stalking, or human trafficking, and the move is needed to
protect the health or safety of the family or family member, the family is not required to give
the owner advance written notice or contact the PHA before moving from the unit.
Additionally, when any family member has been the victim of a sexual assault that occurred
on the premises during the 90-calendar-day period preceding the family’s request to move,
the family is not required to give the owner advance written notice or contact the PHA before
moving from the unit. A PHA may not terminate the assistance of a family due to a move
occurring under these circumstances and must offer the family the opportunity for continued
tenant-based assistance if the family had received at least one year of PBV assistance prior
to moving.
If a family break-up results from an occurrence of domestic violence, dating violence, sexual
assault, stalking or human trafficking, the PHA must ensure that the victim retains assistance.
PHA Policy
When the victim of domestic violence, dating violence, sexual assault, stalking, or
human trafficking has lived in the unit for less than one year, the PHA will provide
several options for continued assistance.
The PHA will first try to transfer the participant to another PBV unit in the same
development or transfer to a different development where the PHA has PBV units. The
PHA will expedite the administrative processes in this case in an effort to conduct the
transfer as quickly as possible.
If no units are available for an internal transfer, or if there is reasonable cause to
believe that such a transfer would put the victim in jeopardy, the participant may
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receive continued assistance through an external transfer to either tenant-based rental
assistance (HCV) or assistance in the PHA’s public housing program. Such a decision
will be made by the PHA based on the availability of tenant-based vouchers and/or
vacancies in public housing units. Such families must be selected from the waiting list
for the applicable program. The PHA has adopted a waiting list preference for victims
of domestic violence, dating violence, sexual assault, stalking, and human trafficking in
both its HCV and public housing programs in order to expedite this process. See
Section 4-III.C. of this administrative plan.
If a victim wishes to move of occupancy in the unit, but no tenant-based vouchers are
available, the PHA will offer the participant an internal transfer to another PBV unit in
the same development or a transfer to a different development where the PHA has
PBV units. The PHA will expedite the administrative processes in this case in an effort
to conduct the transfer as quickly as possible.
If no units are available for an internal transfer, or if there is reasonable cause to
believe that such a transfer would put the victim in jeopardy, the participant may
receive continued assistance through an external transfer to the PHA’s public housing
program. The PHA has adopted a waiting list preference for victims of domestic
violence, dating violence, sexual assault, stalking, and human trafficking as part of the
public housing ACOP in order to expedite this process.
PART VIII: DETERMINING RENT TO OWNER
17-VIII.A. OVERVIEW [24 CFR 983.301(A)]
The amount of the initial rent to an owner of units receiving PBV assistance is established at
the beginning of the HAP contract term. Although for rehabilitated or newly constructed
housing, the AHAP states the estimated amount of the initial rent to owner, the actual amount
of the initial rent to owner is established at the beginning of the HAP contract term.
During the tem of the HAP contract, the rent to owner is redetermined at the owner’s request
in accordance with program requirements, and at such time that there is a ten percent or
greater decrease in the published FMR.
17-VIII.B. AMOUNT OF RENT TO OWNER [24 CFR 983.301(B)]
Except for certain tax credit units (discussed below), the rent to owner must not exceed the
lowest of the following amounts:
An amount determined by the PHA in accordance with the administrative plan not to
exceed 110 percent of the applicable fair market rent (or amount of any applicable
exception payment standard) for the unit bedroom size minus any utility allowance;
The reasonable rent; or
The rent requested by the owner.
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Rent to Owner for Certain Tax Credit Units [24 CFR 983.301(c)]
For certain tax credit units, the rent limits are determined differently than for other PBV units.
Tax credit units that do not meet the criteria below will have their rents determined by the
PHA pursuant to 24 CFR 983.301(b) as stated above.
Rents are set differently in contract units that meet all of the following criteria:
The contract unit receives a low-income housing tax credit under the Internal Revenue
Code of 1986;
The contract unit is not located in a qualified census tract;
In the same building, there are comparable tax credit units of the same bedroom size as
the contract unit and the comparable tax credit units do not have any form of rental
assistance other than the tax credit; and
The tax credit rent exceeds 110 percent of the fair market rent (or any approved exception
payment standard) as determined in 24 CFR 983.301(b);
For contract units that meet these criteria, the rent to owner must not exceed the lowest of:
An amount determined by the PHA in accordance with the administrative plan, not to
exceed the tax credit rent minus any utility allowance;
The reasonable rent; or
The rent requested by the owner.
Tax credit rent is the rent charged for comparable units of the same bedroom size in the
building that also receive the low-income housing tax credit but do not have any additional
rental assistance (e.g., additional assistance such as tenant-based voucher assistance).
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Use of Small Area FMRs (SAFMRs) [24 CFR 888.113(h) and 24 CFR 983.301(f)(3)]
Unless one of the following exceptions apply, SAFMRs do not apply to PBV projects
regardless of whether HUD designates the metropolitan area or the PHA notifies HUD and
implements the SAFMRs under paragraph 883.113(c)(3).
Where the proposal or project selection date was on or before the effective dates of either
or both the SAFMR designation/implementation and the PHA administrative policy, the
PHA and owner may mutually agree to apply the SAFMR. The application of the SAFMRs
must be prospective and consistent with the PHA administrative plan. The owner and
PHA may not subsequently choose to revert back to the use of the metropolitan-wide or
county-wide FMRs for the PBV project. If the rent to owner will increase as a result of the
mutual agreement to apply the SAFMRs to the PBV project, the rent increase must not be
effective until the next annual anniversary of the HAP contract.
Where the proposal or project selection date was after the effective dates of both the
SAFMR designation/implementation and the PHA administrative policy, the SAFMR must
apply to the PBV project if the PHA administrative plan provides that SAFMRs are used
for all future PBV projects. If the PHA chooses to implement this administrative policy, the
SAFMRs must apply to all future PBV projects located within the same metropolitan area
or non-metropolitan county where the SAFMRs are in effect for the PHA’s HCV program.
An owner and the PHA may not subsequently choose to apply the metropolitan area or
county FMR to the project, regardless of whether the PHA subsequently changes its
administrative plan to revert to the use of metropolitan-wide or county-wide FMR for future
PBV projects.
For purposes of this section, the term effective date of the Small Area FMR designation
means:
The date that HUD designated a metropolitan area as a SAFMR area; or
The date that HUD approved a PHA request to voluntarily opt to use Small Area FMRs for
its HCV program, as applicable.
For purposes of this section, the term effective date of the PHA administrative policy means
the date the administrative policy was formally adopted as part of the PHA administrative plan
by the PHA Board of Commissioners or other authorized PHA officials.
PHA Policy
The PHA will not apply SAFMRs to the PHA’s PBV program.
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17-VIII.C. REDETERMINATION OF RENT TO OWNER [24 CFR 983.302]
The PHA must redetermine the rent to owner when:
When there is a 10 percent or greater decrease in the published FMR;
Upon the owner’s request consistent with requirements established in the PHA’s
administrative plan; or
At the time of the automatic adjustment by an operating cost adjustment factor (OCAF) in
accordance with 24 CFR 983.302(b)(3).
Adjusted rent to owner amount applies for the period of 12 calendar months from the annual
anniversary of the HAP contract.
Rent Increase
During the term of the HAP contract, any increase in rent to owner is effective on the annual
anniversary of the HAP contract. A rent increase may occur either through automatic
adjustment by an OCAF or as the result of an owner request for a rent increase. The owner
does not need to request a rent adjust when a rent increase occurs through an OCAF since
the PHA redetermines the rent automatically under that option.
PHA Policy
An owner’s request for a rent increase must be submitted to the PHA 60 days prior to
the anniversary date of the HAP contract and must include the new rent amount the
owner is proposing.
OCAF [24 CFR 983.302(b)(3)]
If the PHA and owner agree, the HAP contract may provide for rent adjustments using an
OCAF established by the HUD pursuant to Section 524(c) of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (MAHRA) at each annual anniversary of the HAP
contract and published annually in the Federal Register. Further, the HAP contract may
require an additional increase up to an amount determined by the PHA (pursuant to 24 CFR
983.301(b) and (c)) if requested by the owner in writing, periodically during the term of the
contract. The HAP contract must require an additional increase up to an amount determined
by the PHA at the point of contract extension, pursuant to 24 CFR 983.301(b) and (c), if
requested by the owner in writing.
PHA Policy
The PHA will allow for rent increases by OCAF rather than owner request on a case-
by-case basis, including allowing for additional increases up to an amount determined
by the PHA pursuant to 24 CFR 983.301(b) and (c) if requested by the owner in
writing. An owner’s request must be submitted to the PHA 60 days prior to the
anniversary date of the HAP contract and must include the new rent amount the owner
is proposing.
When the PHA allows for rent increases by OCAF, at the point of contract extension,
the contract will require an additional increase up to an amount determined by the
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PHA if requested by the owner in writing. An owner’s request must be submitted to the
PHA 60 days prior to the anniversary date of the contract extension date and must
include the new rent amount the owner is proposing.
Owner-Requested Rent Increases [24 CFR 983.302(b)(4)]
If the HAP contract does not provide for automatic adjustment by an OCAF, and if an owner
wishes to request an increase in the rent to owner from the PHA, it must be requested at the
annual anniversary of the HAP contract (see Section 17-V.E.). The request must be in writing
and in the form and manner required by the PHA. The PHA may only make rent increases in
accordance with the rent limits described previously. There are no provisions in the PBV
program for special adjustments (e.g., adjustments that reflect increases in the actual and
necessary expenses of owning and maintaining the units which have resulted from
substantial general increases in real property taxes, utility rates, or similar costs). The
administrative plan must specify any advance notice the owner must give the PHA and the
form the request must take.
PHA Policy
An owner’s request for a rent increase must be submitted to the PHA in writing (or via
email) 60 days prior to the anniversary date of the HAP contract and must include the
new rent amount the owner is proposing.
The PHA may not approve, and the owner may not receive any increase of rent to owner,
until and unless the owner has complied with requirements of the HAP contract, including
compliance with housing quality standards, except that housing quality standards compliance
is not required for units undergoing development activity that complies with 24 CFR 983.157
or substantial improvement that complies with 24 CFR 983.212. The owner may not receive
any retroactive increase of rent for any period of noncompliance.
Rent Decrease [24 CFR 983.302(c)]
If the HAP contract does not provide for adjustment by an OCAF and there is a decrease in
the rent to owner, as established in accordance with program requirements such as a change
in the FMR or exception payment standard, or reasonable rent amount, the rent to owner
must be decreased regardless of whether the owner requested a rent adjustment.
If the HAP contract provides for rent adjustments by an OCAF and there is a decrease in the
fair market rent, tax credit rent, or reasonable rent that requires a decrease to the rent to
owner, the rent to owner must be decreased.
However, at any time during the term of the HAP contract, the PHA may elect within the HAP
contract to not reduce rents below the initial rent to owner. Where a PHA makes such an
election, the rent to owner shall not be reduced below the initial rent to owner, except:
To correct errors in calculations in accordance with HUD requirements;
If additional housing assistance has been combined with PBV assistance after the
execution of the initial HAP contract and a rent decrease is required; or
If a decrease in rent to owner is required based on changes in the allocation of
responsibility for utilities between the owner and the tenant.
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Notice of Rent Change [24 CFR 983.203(d)]
Whenever there is a change in rent to owner, the PHA must provide written notice to the
owner specifying the amount of the new rent to owner. The PHA notice of rent adjustment
constitutes an amendment of the rent to owner specified in the HAP contract. The adjusted
amount of rent to owner applies for the period of 12 calendar months from the annual
anniversary of the HAP contract.
PHA Policy
The PHA will provide the owner with at least 30 days written notice of any change in
the amount of rent to owner.
PHA-Owned Units [24 CFR 983.301(g)]
For PHA-owned PBV units, the initial rent to owner and the annual redetermination of rent at
the anniversary of the HAP contract are determined by the independent entity approved by
HUD. The PHA must use the rent to owner established by the independent entity.
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17-VIII.D. REASONABLE RENT [24 CFR 983.301(D) AND 983.303]
At the time the initial rent is established and all times during the term of the HAP contract, the
rent to owner for a contract unit may not exceed the reasonable rent for the unit as
determined by the PHA, except where the PHA has elected within the HAP contract to not
reduce rents below the initial rent under the initial HAP contract.
When Rent Reasonable Determinations Are Required
The PHA must redetermine the reasonable rent for a unit receiving PBV assistance whenever
any of the following occur:
There is a 10 percent or greater decrease in the published FMR in effect 60 days before
the contract anniversary (for the unit sizes specified in the HAP contract) as compared
with the FMR that was in effect one year before the contract anniversary date;
The PHA approves a change in the allocation of responsibility for utilities between the
owner and the tenant;
The HAP contract is amended to add a contract unit or substitute a different contract unit
in the same building or project;
The PHA accepts a completed unit after development activity that is conducted after HAP
contract execution in accordance with 24 CFR 983.156(b)(3); and
There is any other change that may substantially affect the reasonable rent.
The PHA must determine reasonable rent in accordance with 24 CFR 983.303.
Rent Floor
The rent to owner for each contract unit may at no time exceed the reasonable rent, except in
cases where the PHA has elected within the HAP contract not to reduce rents below the
initial rent to owner, and upon redetermination of the rent to owner, the reasonable rent would
result in a rent below the initial rent. However, the rent to owner must be reduced in the
following cases:
To correct errors in calculations in accordance with HUD requirements;
If additional housing assistance has been combined with PBV assistance after the
execution of the initial HAP contract and a rent decrease is required pursuant to 24 CFR
983.55; and
If a decrease in rent to owner is required based on changes in the allocation of the
responsibility for utilities between owner and tenant.
If the PHA has not elected within the HAP contract to establish the initial rent to owner as the
rent floor, the rent to owner shall not at any time exceed the reasonable rent.
PHA Policy
The PHA will elect within the HAP contract not to reduce rents below the initial level,
with the exception of the circumstances listed in 24 CFR 983.302(c)(2). If, upon
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redetermination of the rent to owner, the reasonable rent would result in a rent below
the initial rent, the PHA will use the higher initial rent to owner amount.
How to Determine Reasonable Rent [24 CFR 983.303(c)]
The reasonable rent of a unit receiving PBV assistance must be determined by comparison to
rent for other comparable unassisted units. When making this determination, the PHA must
consider factors that affect market rent. Such factors include the location, quality, size, type
and age of the unit, as well as the amenities, housing services maintenance, and utilities to
be provided by the owner. The reasonable rent determination must be based on the condition
of the assisted unit at the time of the determination and not on anticipated future unit
conditions.
Comparability Analysis [24 CFR 983.303(d)]
For each unit, the comparability analysis must use at least three comparable units in the
private unassisted market. This may include units in the premises or project that is receiving
project-based assistance. The analysis must show how the reasonable rent was determined,
including major differences between the contract units and comparable unassisted units, and
must be retained by the PHA. The comparability analysis may be performed by PHA staff or
by another qualified person or entity. Those who conduct these analyses or are involved in
determining the housing assistance payment based on the analyses may not have any direct
or indirect interest in the property.
PHA-Owned Units [24 CFR 983.303(f)]
For PHA-owned units, the amount of the reasonable rent must be determined by an
independent agency approved by HUD in accordance with PBV program requirements. The
independent entity must provide a copy of the determination of reasonable rent for PHA-
owned units to the PHA.
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Owner Certification of Reasonable Rent
By accepting each monthly housing assistance payment, the owner certifies that the rent to
owner is not more than rent charged by the owner for other comparable unassisted units in
the premises. At any time, the PHA may require the owner to submit information on rents
charged by the owner for other units in the premises or elsewhere.
17-VIII.E. EFFECT OF OTHER SUBSIDY AND RENT CONTROL
In addition to the rent limits discussed in Section 19-VIII.B above, other restrictions may limit
the amount of rent to owner in a PBV unit. In addition, certain types of subsidized housing are
not even eligible to receive PBV assistance (see Section 19-II.D).
Other Subsidy [24 CFR 983.304]
To comply with HUD subsidy layering requirements, at the discretion of HUD or its designee,
a PHA shall reduce the rent to owner because of other governmental subsidies, including tax
credits or tax exemptions, grants, or other subsidized funding.
For units receiving assistance under the HOME program, rents may not exceed rent limits as
required by that program.
For units in any of the following types of federally subsidized projects, the rent to owner may
not exceed the subsidized rent (basic rent) or tax credit rent as determined in accordance
with requirements for the applicable federal program:
An insured or non-insured Section 236 project;
A formerly insured or non-insured Section 236 project that continues to receive Interest
Reduction Payment following a decoupling action;
A Section 221(d)(3) below market interest rate (BMIR) project;
A Section 515 project of the Rural Housing Service;
Any other type of federally subsidized project specified by HUD.
Combining Subsidy
Rent to owner may not exceed any limitation required to comply with HUD subsidy layering
requirements.
Rent Control [24 CFR 983.305]
In addition to the rent limits set by PBV program regulations, the amount of rent to owner may
also be subject to rent control or other limits under local, state, or federal law.
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PART IX: PAYMENTS TO OWNER
17-IX.A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351]
During the term of the HAP contract, the PHA must make housing assistance payments to
the owner in accordance with the terms of the HAP contract. During the term of the HAP
contract, payments must be made for each month that a contract unit complies with housing
quality standards and is leased to and occupied by an eligible family. The housing assistance
payment must be paid to the owner on or about the first day of the month for which payment
is due, unless the owner and the PHA agree on a later date.
Except for discretionary vacancy payments, the PHA may not make any housing assistance
payment to the owner for any month after the month when the family moves out of the unit
(even if household goods or property are left in the unit).
The amount of the housing assistance payment by the PHA is the rent to owner minus the
tenant rent (total tenant payment minus the utility allowance).
In order to receive housing assistance payments, the owner must comply with all provisions
of the HAP contract. Unless the owner complies with all provisions of the HAP contract, the
owner does not have a right to receive housing assistance payments.
17-IX.B. VACANCY PAYMENTS [24 CFR 983.352]
Payment at Move-Out Month [24 CFR 983.352(a)]
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 PHA determines that the vacancy is the owner’s fault.
PHA Policy
If the PHA determines that the owner is responsible for a vacancy and, as a result, is
not entitled to the keep the housing assistance payment, the PHA will notify the
landlord of the amount of housing assistance payment that the owner must repay. The
PHA will require the owner to repay the amount owed in accordance with the policies
in Section 16-IV.B.
Vacancy Payments [24 CFR 983.352(b)]
At the discretion of the PHA, the HAP contract may provide for vacancy payments to the
owner for a PHA-determined period of vacancy extending from the beginning of the first
calendar month after the move-out month for a period not exceeding two full months following
the move-out month. The PHA must include in its administrative plan the PHA’s policy on the
conditions under which it will allow vacancy payments in a HAP contract, the duration of the
payments, amount of vacancy payments it will make to an owner, and the required form and
manner of requests for vacancy payments.
PHA Policy
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The PHA will decide on a case-by-case basis if the PHA 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.
The PHA may only make vacancy payments if:
The owner gives the PHA prompt, written notice certifying that the family has vacated the
unit and identifies the date when the family moved out (to the best of the owner’s
knowledge);
The owner certifies that the vacancy is not the fault of the owner and that the unit was
vacant during the period for which payment is claimed;
The owner certifies that it has taken every reasonable action to minimize the likelihood
and length of vacancy; and
The owner provides any additional information required and requested by the PHA to
verify that the owner is entitled to the vacancy payment.
The owner must submit a request for vacancy payments in the form and manner required by
the PHA and must provide any information or substantiation required by the PHA to
determine the amount of any vacancy payment.
The vacancy payment to the owner for each month of the maximum two-month period is
determined by the PHA, and cannot exceed the monthly rent to owner under the assisted
lease, minus any portion of the rental payment received by the owner (including amounts
available from the tenant’s security deposit). Any vacancy payment may cover only the period
the unit remains vacant.
PHA Policy
If an owner’s HAP contract calls for vacancy payments to be made, and the owner
wishes to receive vacancy payments, the owner must have properly notified the PHA
of the vacancy in accordance with the policy in Section 19-VI.F. regarding filling
vacancies.
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 PHA may
require the owner to provide documentation to support the request. If the owner does
not provide the information requested by the PHA within 10 business days of the
PHA’s request, no vacancy payments will be made.
17-IX.C. TENANT RENT TO OWNER [24 CFR 983.353]
The tenant rent is the portion of the rent to owner paid by the family. The amount of tenant
rent is determined by the PHA in accordance with HUD requirements. Any changes in the
amount of tenant rent will be effective on the date stated in the PHA notice to the family and
owner.
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The family is responsible for paying the tenant rent (total tenant payment minus the utility
allowance). The amount of the tenant rent determined by the PHA is the maximum amount
the owner may charge the family for rental of a contract unit. The tenant rent covers all
housing services, maintenance, equipment, and utilities to be provided by the owner. The
owner may not demand or accept any rent payment from the tenant in excess of the tenant
rent as determined by the PHA. The owner must immediately return any excess payment to
the tenant.
Tenant and PHA Responsibilities
The family is not responsible for the portion of rent to owner that is covered by the housing
assistance payment and the owner may not terminate the tenancy of an assisted family for
nonpayment by the PHA.
Likewise, the PHA is responsible only for making the housing assistance payment to the
owner in accordance with the HAP contract. The PHA is not responsible for paying tenant
rent, or any other claim by the owner, including damage to the unit. The PHA may not use
housing assistance payments or other program funds (including administrative fee reserves)
to pay any part of the tenant rent or other claim by the owner.
Utility Reimbursements [24 CFR 983.353(d)]
If the amount of the utility allowance exceeds the total tenant payment, the PHA must pay the
amount of such excess to the tenant as a reimbursement for tenant-paid utilities, and the
tenant rent to the owner must be zero.
The PHA may pay the utility reimbursement directly to the family or to the utility supplier on
behalf of the family. If the PHA chooses to pay the utility supplier directly, the PHA must notify
the family of the amount paid to the utility supplier.
PHA Policy
The PHA will make utility reimbursements to the utility supplier on behalf of the family.
17-IX.D. OTHER FEES AND CHARGES [24 CFR 983.354]
Meals and Supportive Services
With the exception of PBV assistance in assisted living developments, the owner may not
require the tenant to pay charges for meals or supportive services. Non-payment of such
charges is not grounds for termination of tenancy.
In assisted living developments receiving PBV assistance, the owner may charge for meals
or supportive services. These charges may not be included in the rent to owner, nor may the
value of meals and supportive services be included in the calculation of the reasonable rent.
However, non-payment of such charges is grounds for termination of the lease by the owner
in an assisted living development.
17-91
Other Charges by Owner
The owner may not charge extra amounts for items customarily included in rent in the locality
or provided at no additional cost to unsubsidized tenants in the premises.
17-IX.E. PROJECT RECORD RETENTION [24 CFR 983.12]
The regulation at 24 CFR 982.158 applies to both the PHA’s tenant-based and project-based
programs. In addition, for each PBV project, the PHA must maintain the following records
throughout the HAP contract term and for three years thereafter:
Records to document the basis for PHA selection of the proposal, if selection is
competitive, or project, if selection is noncompetitive, including records of the PHA’s site
selection determination (see 24 CFR 983.55) and records to document the completion of
the review of the selection process in the case of PHA-owned units, and copies of the
written notice of proposal selection and response of the appropriate party;
The analysis of impact, if applicable;
The subsidy layering determination, if applicable;
The environmental review record, if applicable;
The Agreement to enter into HAP contract (AHAP), if applicable;
Evidence of completion, if applicable;
The HAP contract and any rider and/or amendments, including amendments to extend the
term of the contract;
Records to document the basis for PHA determination and redetermination of rent to
owner;
Records to document HUD approval of the independent entity or entities, in the case of
PHA-owned units;
Records of the accessibility features of the project and each contract unit; and
Other records as HUD may require.
17-92
EXHIBIT 19-1: PBV DEVELOPMENT INFORMATION - SAMPLE
(Fill out one for each development)
Date: [Enter the date on which this form was completed]
DEVELOPMENT INFORMATION
Development Name: [Insert name of PBV development]
Address: [Insert full address of PBV development]
Owner Information: [Insert PBV development owner name and contact information. If
development is PHA-owned, enter “PHA-owned.”]
Property Management Company: [Insert property management company name and contact
information, or enter “None”]
PHA-Owned: [Enter “Yes” or “No.” If yes, enter name of independent entity]
Mixed Finance Development: [Enter “Yes” or “No.” If yes, list other types of funding and
units to which other funding applies.]
HAP CONTRACT
Effective Date of Contract: [Enter start date of HAP contract]
HOTMA Requirements: [If HAP contract was signed prior to April 18, 2017, enter “Pre-
HOTMA.” If HAP contract was signed on or after April 18, 2017, enter “Post-HOTMA.”]
Term of HAP Contract: [Enter term from HAP contract]
Expiration Date of Contract: [Enter expiration date from HAP contract]
PBV UNITS
0 BR
1 BR
2 BR
3 BR
4 BR
5 BR
Total
# of
Units
Initial
Contract
Rent
$
$
$
$
$
$
Structure Type: [Identify the structure type, i.e. Single Family Detached, Duplex or Two
Family, Row House or Town House, Low Rise (3,4 Stories, including Garden Apartment),
Highrise (5 or more stories)
Housing Type: [Identify if the units are an Independent Group Residence or Single Room
Occupancy]
17-93
UTILITY RESPONSIBILITY
[Enter in Accordance with the HAP Exhibit C]
Utility
Fuel Type
(Gas, Electric, Oil,
Coal, Other)
Paid By
(Tenant/Owner)
Provided By
(Tenant/Owner)
Heating
Electric
Tenant
Owner
Cooking
Electric
Tenant
Owner
Water Heating
Electric
Tenant
Owner
Other Electric
Tenant
Owner
Water
Owner
Owner
Sewer
Owner
Owner
Trash Collection
Owner
Owner
Air Conditioning
Tenant
Owner
Refrigerator
Range/Microwave
Other (specify)
Accessible Units and Features: [Identify which units are accessible and describe
accessibility features or enter “None”]
Target Population: [Describe targeted population in accordance with HAP contract or enter
“None”]
Excepted Units: [Identify excepted unit types below or enter “None”]
Supportive Services: [Enter “Yes, see Exhibit D of HAP Contract” or enter “No”]
Elderly Units: [Enter “Yes” or “No.” If yes, identify which units are elderly units.]
Disabled Units (only for HAP contracts executed prior to April 18, 2017) [Enter “Yes”
or “No.” If yes, identify which units are for persons with disabilities.]
FUPY/FYI Units: [Enter “Yes” or “No.” If yes, identify which units are FUP units]
Are units excepted because they are located in a low-poverty census tract
area?: [Enter “Yes” or “No”]
17-94
WAITING LIST AND SELECTION
Waiting List Type: [ Enter “Site-based waiting list,” “Combined with HCV,” “Waiting list for
entire PBV program,” or “Merged with another assisted housing program”]
Preferences: [Enter “Same as HCV; see Chapter 4” or describe preferences offered. If
different from HCV, also note in Section 17.1.B of this policy.]
Preference Verification: [Enter “Same as HCV; see Chapter 7” or describe for each
preference listed above. If different from HCV, note in Section 17.1.B of this policy.]
For the PBV program, is the income limit the same as the HCV program? (Note: In
mixed finance developments, other income limits may also apply.) [Enter “Same as HCV; see
Chapter 3” or clearly describe. If different from HCV, note in Section 19.1.B of this policy.]
OCCUPANCY
Subsidy Standards: [Enter “Same as HCV; see Chapter 5” or describe. If different from
HCV, note in Section 17.1.B of this policy]
Vacancy Payments: [Enter in accordance with HAP contract Part 1, e, 2 and Section 17-V.F.
within this chapter]
17-95
EXHIBIT 17-2: Special Provisions Applying to TPVs Awarded as Part of a Voluntary
Conversion of Public Housing Units in Projects that Include RAD PBV Units
[24 CFR Part 972.200; Notice PIH 2019-05; Notice PIH 2019-23]
Under certain circumstances, HUD allows small PHAs to reposition a public housing project
(or portion of a project) by voluntarily converting units to tenant-based housing choice
voucher assistance. In order to preserve affordable housing for residents of the project, the
PHA is given priority to receive replacement tenant protection vouchers (TPVs). As part of the
voluntary conversion, the PHA has the option to continue to operate it as rental housing. If so,
the PHA or subsequent owner must allow existing families to remain in their units using the
TPV in the form of tenant-based assistance. In this situation, however, the PHA may choose
to project-base these TPVs in the former public housing project. Families must still be
provided with the option to remain in their unit using tenant-based assistance. In order for the
PHA to project-base the assistance and include these units on the PBV HAP contract, the
family must voluntarily consent in writing to PBV assistance following the requirements in
Appendix A of Notice PIH 2019-05. If the family fails to consent to PBV assistance and
chooses to remain using tenant-based assistance, the family’s unit is excluded from the PBV
HAP contract until the family moves out or consents to switching to PBV assistance. In
general, all applicable program regulations and guidance for the standard PBV program apply
to these units.
The PHA may also convert units in the same former public housing project to the PBV
program under the rental assistance demonstration (RAD) program. The RAD statute
authorizes HUD to waive certain statutory and regulatory provisions governing the standard
PBV program and specify alternative requirements. In order to facilitate the uniform treatment
of residents and units at the project, Notice PIH 2019-23 extended some of the alternative
requirements to non-RAD PBV units in the converted project (i.e., the TPV units in the
project). As such, while PBV TPV units in the converted project generally follow the
requirements for the standard PBV program listed in this chapter, where HUD has specified
alternative requirements for non-RAD PBV units in the project, PBV TPV units will instead
follow the requirements outlined in Chapter 18 of this policy for the RAD PBV program.
RAD Requirements Applicable to Non-RAD units in the Project
Alternative Requirement
under RAD as Listed in
Notice PIH 2019-23
Standard PBV Policy
That Does Not Apply
Applicable Policy in Chapter
18
1.6.A.4. Site Selection –
Compliance with PBV Goals
19-II.G. SITE
SELECTION
STANDARDS applies
with the exception of
deconcentration of
poverty and
expanding housing
and economic
18-II.F. SITE SELECTION
STANDARDS
17-96
opportunity
requirements.
1.6.B.5.d. PBV Site-Specific
Utility Allowances
Alternative
requirement under
RAD. No
corresponding policy
in Chapter 19.
18-VII.C. UTILITY
ALLOWANCES
1.6.C.1. No Rescreening of
Tenants upon Conversion
Policies contained in
Chapter 3 relating to
eligibility do not apply
to existing tenants
who receive TPVs.
18-V.B. PROHIBITED
RESCREENING OF
EXISTING TENANTS UPON
CONVERSION
1.6.C.2. Right to Return
Alternative
requirement under
RAD. No
corresponding policy
in Chapter 19.
18-I.D. RELOCATION
REQUIREMENTS
1.6.C.3. Phase-in of Tenant
Rent Increases
Alternative
requirements under
RAD. No
corresponding policy
in Chapter 19.
18-VIII.D. PHASE-IN OF
TENANT RENT INCREASES
1.6.C.4. Family Self
Sufficiency (FSS) and
Resident Opportunities and
Self-Sufficiency Service
Coordinator (ROSS-SC)
Programs
Not covered in
administrative plan.
18-VI.C. PUBLIC HOUSING
FSS AND ROSS
PARTICIPANTS
1.6.C.5. Resident
Participation and Funding
Alternative
requirement under
RAD. No
corresponding policy
in Chapter 19.
18-VI.D. RESIDENT
PARTICIPATION AND
FUNDING
1.6.C.6. Resident
Procedural Rights
Policies related to
hearings in Chapter
16 apply, with added
procedural rights and
notice requirements
as outlined in Chapter
18.
18-VI.H. RESIDENTS’
PROCEDURAL RIGHTS
17-97
1.6.C.7. Earned Income
Disregard (EID)
Alternative
requirements under
RAD for in-place
residents.
New admissions
follow policies in
Chapter 6.
18-VI.G. EARNED INCOME
DISALLOWANCE
1.6.C.8. Jobs Plus
Not covered in
administrative plan.
No corresponding policy.
1.6.C.9. When Total Tenant
Payment Exceeds Gross
Rent
Alternative
requirements under
RAD for in-place
residents.
New admissions
follow policies in 19-
VII.B. LEASE,
Continuation of
Housing Assistance
Payments.
18-VI.B. LEASE, Continuation
of Housing Assistance
Payments
1.6.C.10. Under-Occupied
Unit
Alternative
requirements under
RAD for in-place
residents.
New admissions
follow 19-VII.C.
MOVES,
Overcrowded, Under-
Occupied, and
Accessible Units
18-VI.E. MOVES,
Overcrowded, Under-
Occupied, and Accessible
Units
1.6.D.4. Establishment of
Waiting List
Alternative
requirements under
RAD for initial
establishment of the
waiting list.
Once waiting list is
established, follow 19-
VI.D. SELECTION
FROM THE WAITING
LIST
18-V.D. ORGANIZATION OF
THE WAITING LIST
17-98
1.6.D.10. Initial
Certifications and Tenant
Rent Calculations
Alternative
requirements under
RAD for in-place
residents. No
corresponding policy
in Chapter 19.
18-VIII.C. TENANT RENT TO
OWNER, Initial Certifications
Note, while Notice PIH 2019-05 states that the PHA must screen families for eligibility for a
tenant protection voucher and that families must be below the low-income limit (80 percent of
AMI), Notice PIH 2019-23 waives these requirements for residents in projects that include
RAD PBV units.
18-1
Chapter 18
PROJECT BASED VOUCHERS (PBV) UNDER THE RENTAL ASSISTANCE
DEMONSTRATION (RAD) PROGRAM
INTRODUCTION
This chapter describes HUD regulations and PHA policies related to the Project-Based
Voucher (PBV) program under the Rental Assistance Demonstration (RAD) program in eight
parts:
Part I: General Requirements. This part describes general provisions of the PBV
program, including maximum budget authority requirements, relocation requirements,
and equal opportunity requirements.
Part II: PBV Project Selection. This part describes the cap on assistance at projects
receiving PBV assistance, ownership and control, and site selection standards.
Part III: Dwelling Units. This part describes requirements related to housing quality
standards, the type and frequency of inspections, and housing accessibility for
persons with disabilities.
Part IV: Housing Assistance Payments Contract. This part discusses HAP contract
requirements and policies including the execution and term of the HAP contract.
Part V: Selection of PBV Program Participants. This part describes the requirements
and policies governing how the PHA and the owner will select a family to receive
PBV assistance.
Part VI: Occupancy. This part discusses occupancy requirements related to the lease
and describes under what conditions families are allowed or required to move.
Part VII: Determining Contract Rent. This part describes how the initial rent to owner is
determined, and how rent will be redetermined throughout the life of the HAP contract.
Part VIII: Payments to Owner. This part describes the types of payments owners may
receive under this program.
18-2
PART I: GENERAL REQUIREMENTS
18-I.A. OVERVIEW AND HISTORY OF THE RAD PROGRAM
The Rental Assistance Demonstration (RAD) program was authorized in 2012 in order to
assess the effectiveness of converting public housing, moderate rehabilitation properties, and
units under the rent supplement and rental assistance payments programs to long-term,
project-based Section 8 rental assistance. The program’s four primary objectives are to:
Preserve and improve public and other assisted housing.
Standardize the administration of the plethora of federally subsidized housing programs and
rules. The conversions are intended to promote operating efficiency by using a Section 8
project-based assistance model that has proven successful and effective for over 30 years.
In other words, RAD aligns eligible properties more closely with other affordable
housing programs.
Attract private market capital for property renovations. Through the use of this model,
properties may be able to leverage private debt and equity to make capital repairs.
Increase tenant mobility opportunities.
Under the first component, a PHA with public housing units may submit an application to
HUD to convert some or all of their public housing units to long-term, project-based Section 8
HAP contracts under either:
Project-based rental assistance (PBRA) under HUD’s Office of Multifamily Housing Programs.
Project-based vouchers (PBVs) under HUD’s Office of Public and Indian Housing (PIH).
This chapter will focus on public housing conversions to the PBV program under RAD. In
order to distinguish between requirements for public housing conversion under RAD and PBV
units under the standard PBV program, we will refer to the standard PBV program and the
RAD PBV program.
18-I.B. APPLICABLE REGULATIONS
On the whole, the regulations for both the standard and RAD PBV programs generally follow
the regulations for the tenant-based HCV program found at 24 CFR Part 982. However,
important parts of the tenant-based regulations do not apply to the project-based program. 24
CFR Part 983 outlines the sections of 24 CFR Part 982 that are not applicable to the project-
based program.
For the RAD PBV program, Congress authorized HUD to waive certain statutory and
regulatory provisions or establish alternative requirements from the standard PBV program.
These provisions are identified in Notice PIH 2019-23 (issued September 5, 2019). Any non-
RAD PBV units located in the covered project are subject to the same waivers and alternative
requirements where noted in Notice PIH 2019-23 and in this policy.
Otherwise, all regulatory and statutory requirements for the standard PBV program in 24 CFR
Part 983 and Section 8(o)(13) of the Housing Act of 1937, and all applicable standing and
subsequent Office of Public and Indian Housing (PIH) notices and guidance, including related
18-3
handbooks, apply to RAD PBV. This includes environmental review, Davis-Bacon, and fair
housing requirements.
RAD is authorized by the Consolidated and Further Continuing Appropriations Act of 2012
(Public Law 112-55, approved November 18, 2011), as amended by the Consolidated
Appropriations Act of 2014 (Public Law 113-76, approved January 17, 2014), the
Consolidated and Further Continuing Appropriations Act of 2015 (Public Law 113-235,
approved December 6, 2014), the Consolidated Appropriations Act of 2016 (Public Law 114-
113, approved December 18, 2015), the Consolidated Appropriations Act, 2017 (Public Law
115-31, approved May 5, 2017), and section 237 of Title II, Division L, Transportation,
Housing and Urban Development, and Related Agencies, of the Consolidated Appropriations
Act, 2018 (Public Law 115-141, approved March 23, 2018) collectively, the “RAD Statute.”
Requirements specific to the RAD program may be found in the following:
Generally, public housing projects converting assistance under RAD are bound by the
terms of the notice in effect at the time of closing. For all conversion types, HUD reserves
the right, in its sole discretion and upon request from the applicant, to apply provisions
from previous versions of this notice to program participants that are near conversion.
Notice PIH 2023-19 ( REV-4) amends Notice PIH 2019-23 and Notice PIH 2021-07, and
was effective immediately.
Notice PIH 2019-23 was immediately applicable at the time of closing to all projects
converting assistance (notwithstanding execution of a commitment for conversion).
Notice PIH 2019-23 was published on September 5, 2019.
Except with respect to changes in the project eligibility and selection criteria, not
included in this policy, which are effective after a 30-day comment period.
Notice PIH 2012-32, REV-3 was applicable to projects that were seeking conversion of
assistance through RAD, including those where a CHAP had already been issued
when it was published January 12, 2017.
Except with respect to changes in the project eligibility and selection criteria, not
included in this policy, which were effective after a 30-day comment period.
Notice PIH 2012-32, REV-2 was applicable to projects that were seeking conversion of
assistance through RAD, including those where a CHAP had already been issued
when it was published June 15, 2015.
Except with respect to changes in the project eligibility and selection criteria, not
included in this policy, which are effective after a 30-day comment period.
RAD Quick Reference Guide for Public Housing Converting to PBV Assistance (6/20)
RAD Welcome Guide for New Awardees: RAD 1st Component (3/15)
Notice PIH 2016-17, Rental Assistance Demonstration (RAD) Notice Regarding Fair Housing
and Civil Rights Requirements and Relocation Requirements Applicable to RAD First
Component – Public Housing Conversions.
o
This Notice applies to all projects that have applied for RAD conversion but have not yet
converted as of November 10, 2016.
18-4
Notice PIH 2014-17, Relocation Requirements under the RAD Program, Public Housing in
the First Component.
o
This notice may apply to projects that have converted to RAD prior to November 10, 2016,
AND who have requested and received approval from HUD to be governed by this notice. See
PIH Notice 2016-17, Section 1, Paragraph 1.3 for applicability.
RAD FAQs (http://www.radresource.net/search.cfm)
NOTE: The policies in this chapter follow Notice PIH 2019-23 (REV-4) as amended by
RAD Supplemental Notice 4B.
PHA Policy
Project
Closing Date
RAD Notice
In other words, the standard PBV program follows many of the same regulations as the
tenant-based HCV program, but not all of them, and the RAD PBV program follows many of
the same regulations as the standard PBV program, but not all of them.
MTW agencies are able to apply activities impacting the PBV program that are approved in
the MTW Plan to properties converting under RAD, provided they do not conflict with RAD
requirements.
18-I.C. TENANT-BASED VS. PROJECT-BASED VOUCHER ASSISTANCE
[24 CFR 983.2]
Much of the tenant-based voucher program regulations also apply to the PBV program.
Consequently, many of the PHA policies related to tenant-based assistance also apply to
RAD PBV assistance. The provisions of the tenant-based voucher regulations that do not
apply to the PBV program are listed at 24 CFR 983.2.
PHA Policy
Except as otherwise noted in this chapter, or unless specifically prohibited by PBV
program regulations, the PHA policies for the tenant-based voucher program
contained in this administrative plan also apply to the RAD PBV program and its
participants. This chapter is intended to address requirements specific to the RAD
PBV program only.
See Exhibit 18-1 for information on projects to which the PHA has attached RAD
PBV assistance.
18-I.D. RELOCATION REQUIREMENTS
18-5
For projects that apply for conversion of assistance under the First Component of RAD and
will convert November 10, 2016 or later, the following applies [Notice PIH 2016-17]:
In some developments, in-place residents may need to be relocated as a result of
properties undergoing repairs, being demolished and rebuilt, or when assistance is
transferred from one site to another. RAD program rules prohibit the permanent,
involuntary relocation of residents as a result of conversion. Residents that are
temporarily relocated retain the right to return to the project once it has been completed.
Any non-RAD PBV units located in the same project are also subject to the right to return.
Relocation assistance provided to residents will vary depending on the length of time
relocation is required. Residents must be properly notified in advance of relocation
requirements in accordance with RAD program rules and Uniform Relocation Act (URA)
requirements, and other requirements which may be applicable such as Section 104(d) of
the Housing and Community Development Act of 1974, as amended. Sample informing
notices are provided in Appendices 2–5 of Notice PIH 2014-17. A written relocation plan is
required if the RAD conversion involves permanent relocation (including a move in
connection with a transfer of assistance) or temporary relocation anticipated to last longer
than a year. While the PHA is not required to have a written relocation plan for temporary
relocation lasting one year or less, HUD strongly encourages PHAs to prepare one.
Appendix II of Notice PIH 2016-17 contains recommended contents for a relocation plan.
In addition, PHAs must undertake a planning process that complies with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
(URA), although not all relocations under RAD will trigger requirements under URA. URA
statute and implementing regulations may be found at 49 CFR Part 24. The obligation due
to relocating residents under RAD are broader than URA relocation assistance and
payments.
Any residents that may need to be temporarily relocated to facilitate rehabilitation or
construction will have a right to return to either: a) a unit at the development once
rehabilitation or construction is completed, provided the resident’s household is not under-
housed; or b) a unit in the development which provides the same major features as the
resident’s unit in the development prior to the implementation of the RAD conversion.
Where the transfer of assistance to a new site is warranted and approved, residents of the
converting development will have the right to reside in an assisted unit at the new site
once rehabilitation or construction is complete.
If the PHA’s proposed plans for conversion would preclude a resident from returning to the
development, the resident must be given an opportunity to comment and/or object to such
plans. PHAs must alter the project plans to accommodate the resident’s right to return to
the development if the resident would be precluded from returning to the development.
Examples of project plans that may preclude a resident from returning to the development
include, but are not limited to:
o
Changes in the development’s bedroom distribution that decrease the size of the units,
resulting in the resident being under-housed;
o
The resident cannot be accommodated in the remaining assisted units due to a
reduction in the number of assisted units at the development;
18-6
o
Income limit eligibility requirements associated with the LIHTC program or another
program; and
o
Failure to provide a reasonable accommodation, in violation of applicable law, where
reasonable accommodation may include installation of accessibility features that are
needed by the resident.
Residents of a development undergoing conversion that would be precluded from
returning to the development may voluntarily accept a PHA or owner’s offer to
permanently relocate to alternative housing, and thereby waive their right to return to the
development after rehabilitation or construction is completed. In this event, the PHA must
secure the resident’s written consent to a voluntary permanent relocation in lieu of
returning to the development. PHAs are prohibited from employing any tactics to pressure
residents into relinquishing their right to return or accepting other housing options.
Additionally, a PHA may not terminate a resident’s lease if the PHA fails to obtain the
resident’s consent and the resident seeks to exercise the right to return.
In the case of multi-phase RAD transactions, the resident has a right to return to the
development or to other converted phases of the development that are available for
occupancy at the time the resident is eligible to exercise their right of return. Generally,
the resident’s right to return must be accommodated within the development associated
with the resident’s original unit, however, the PHA may treat multiple converted
developments on the same site as one for purposes of right to return. Should the PHA
seek to have the resident exercise the right to return at a future phase, the PHA must
secure the resident’s consent in writing.
Alternative housing options may involve a variety of housing options, including but not
limited to:
o
Transfers to public housing
o
Admission to other affordable housing properties subject to the applicable program
rules
o
Housing choice voucher (HCV) assistance
o
Homeownership programs subject to the applicable program rules
o
Other options identified by the PHA
However, for projects that applied for conversion prior to November 10, 2016, the following
applies [Notice PIH 2014-17]:
In some developments, in-place residents may need to be relocated as a result of
properties undergoing repairs, being demolished and rebuilt, or when assistance is
transferred from one site to another. RAD program rules prohibit the permanent,
involuntary relocation of residents as a result of conversion. Residents that are
temporarily relocated retain the right to return to the project once it has been completed.
Relocation assistance provided to residents will vary depending on the length of time
relocation is required. Residents must be properly notified in advance of relocation
requirements in accordance with RAD program rules and Uniform Relocation Act (URA)
requirements. Sample informing notices are provided in Appendices 2–5 of Notice PIH
2014-17. While the PHA is not required to have a written relocation plan, HUD strongly
18-7
encourages PHAs to prepare one. Appendix I of Notice PIH 2014-17 contains
recommended contents for a relocation plan.
In addition, PHAs must undertake a planning process that complies with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
(URA), although not all relocations under RAD will trigger requirements under URA. URA
statute and implementing regulations may be found at 49 CFR Part 24.
Any residents that may need to be temporarily relocated to facilitate rehabilitation or
construction will have a right to return to an assisted unit at the development once
rehabilitation or construction is completed. Where the transfer of assistance to a new site
is warranted and approved, residents of the converting development will have the right to
reside in an assisted unit at the new site once rehabilitation or construction is complete.
Residents of a development undergoing conversion of assistance may voluntarily accept
a PHA or owner’s offer to permanently relocate to another assisted unit, and thereby
waive their right to return to the development after rehabilitation or construction is
completed.
18-8
18-I.E. EQUAL OPPORTUNITY REQUIREMENTS [24 CFR 983.8; 24 CFR 5.105; NOTICE PIH 2016
-17]
RAD conversions are governed by the same civil rights authorities that govern HUD-assisted
activities in general. These authorities prohibit discrimination and impose affirmative
obligations on HUD program participants. PHAs must comply with all applicable fair housing
and civil rights laws, including but not limited to the Fair Housing Act, Title VI of the Civil
Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973, when conducting
relocation planning and providing relocation assistance. For example, persons with
disabilities returning to the RAD project may not be turned away or placed on a waiting list
due to a lack of accessible units. Their need for an accessible unit must be accommodated.
See the RAD Fair Housing, Civil Rights, and Relocation Notice [Notice PIH 2016-17] for more
information.
PART II: PBV PROJECT SELECTION
18-II.A. OVERVIEW
Unlike in the standard PBV program where the PHA typically selects the property through an
owner proposal selection process, projects selected for assistance under RAD PBV are
selected in accordance with the provisions in Notice PIH 2019-23. Therefore, 24 CFR 983.51
does not apply since HUD selects RAD properties through a competitive selection process.
18-II.B. OWNERSHIP AND CONTROL [NOTICE PIH 2019-23]
For projects governed by Notice PIH 2019-23, the following language applies:
Under the PBV program, the contract administrator and the owner listed on the contract
cannot be the same legal entity (i.e., the PHA cannot execute a contract with itself). To
avoid this situation, the PHA may either: 1) Transfer the ownership of the project to a
nonprofit affiliate or instrumentality of the PHA (including to a “single-purpose entity” that
owns nothing other than the property, which will typically be a requirement of a lender or
investor), or 2) The PHA can form a related entity that is responsible for management and
leasing and can serve as the owner for purposes of the Section 8 HAP contract; in this
scenario, the HAP is then executed between the PHA (as the contract administrator) and
the PHA’s related entity (as the owner for HAP contract purposes). Note that in the
second scenario, both the PHA and the entity serving as the owner for HAP contract
purposes will be required to sign the RAD Use Agreement [RAD Resource Desk FAQ
01/24/19].
Except where permitted to facilitate the use of low-income housing tax credits, during both
the initial term and renewal terms of the HAP contract, ownership must be by a public or
nonprofit entity. HUD may also allow ownership of the project to be transferred to a tax
credit entity controlled by a for-profit entity to facilitate the use of tax credits for the project,
but only if HUD determines that the PHA or a nonprofit entity preserves an interest in the
profit. The requirement for a public or nonprofit entity, or preservation of an interest by a
PHA or nonprofit in a property owned by a tax credit entity controlled by a for-profit entity,
is satisfied if a public or nonprofit entity (or entities), directly or through a wholly owned
affiliate (1) holds a fee simple interest in the property; (2) is the lessor under a ground
lease with the property owner; (3) has the direct or indirect legal authority to direct the
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financial and legal interest of the property owner with respect to the RAD units, (4) owns
51 percent or more of the general partner interests in a limited partnership or 51 percent
or more of the managing member interests in a limited liability company with all powers of
a general partner or managing member, as applicable; (5) owns a lesser percentage of
the general partner or managing member interests and holds certain control rights as
approved by HUD; (6) owns 51 percent or more of all ownership interests in a limited
partnership or limited liability company and holds certain control rights as approved by
HUD; or (7) demonstrates other ownership and control arrangements approved by HUD.
Control may be established through the terms of the project owner’s governing documents
or through a Control Agreement, provided that in either case amendment of the terms of
control requires consent from HUD.
For projects subject to the requirements of Notice PIH 2012-32, REV-3, the following
language applies:
Except where permitted to facilitate the use of low-income housing tax credits, during both
the initial term and renewal terms of the HAP contract, ownership must be by a public or
nonprofit entity. The requirement for a public or nonprofit entity is satisfied if a public or
nonprofit entity (or entities), directly or through a wholly owned affiliate (1) holds a fee
simple interest in the property; (2) is the lessor under a ground lease with the property
owner; (3) has the direct or indirect legal authority to direct the financial and legal interest
of the property owner with respect to the RAD units, (4) owns 51 percent or more of the
general partner interests in a limited partnership or 51 percent or more of the managing
member interests in a limited liability company with all powers of a general partner or
managing member, as applicable; (5) owns a lesser percentage of the general partner or
managing member interests and holds certain control rights as approved by HUD; (6)
owns 51 percent or more of all ownership interests in a limited partnership or limited
liability company and holds certain control rights as approved by HUD; or (7) other
ownership and control arrangements approved by HUD.
If low-income housing tax credits will be used, HUD may allow ownership of the property
to be transferred to a tax credit entity controlled by a for-profit entity if HUD determines
that the PHA preserves its interest in the property. Preservation of PHA interest in the
property includes but is not limited to the following:
o
The PHA, or an affiliate under its sole control, is the general partner or
managing member;
o
The PHA retains fee ownership and leases the real estate to the tax credit entity
pursuant to a long-term ground lease;
o
The PHA retains control over leasing the property and determining program eligibility;
o
The PHA enters into a control agreement by which the PHA retains consent rights over
certain acts of the project owner and retains certain rights over the project;
o
Other means that HUD finds acceptable
For projects that converted assistance prior to the implementation of Notice PIH 2012-32,
REV-3, the following language applies:
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During both the initial term and renewal terms of the HAP contract, ownership must be
either of the following:
o
A public or nonprofit entity that has legal title to the property. The entity must have the
legal authority to direct the financial, legal, beneficial, and other interests of the
property; or
o
A private entity, if the property has low-income tax credits. The PHA must maintain
control via a ground lease.
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18-II.C. PHA-OWNED UNITS [24 CFR 983.57, FR NOTICE 1/18/17, AND NOTICE PIH 2017-21]
If the project is PHA-owned, rent-setting (including redetermination of rent and determination
of rent reasonableness) and inspection functions describedin 24 CFR 983.57 must be
conducted by an independent entity approved by HUD.
The definition of ownership or control provided under Notice PIH 2019-23 (listed above) is
used specifically to determine whether a PHA retains control over a project for purposes of
HUD’s requirement for ownership or control of the covered project under RAD. For purposes
of determining whether an independent entity will perform certain functions for the project, the
definition of PHA-owned under 24 CFR 982.4 is used. This is the same definition used for
standard PBV units. In some cases, a project may meet the RAD definition of ownership or
control but may not be considered PHA-owned for purposes of requiring an independent
entity.
The independent entity that performs the program services may be the unit of general local
government for the PHA jurisdiction (unless the PHA is itself the unit of general local
government or an agency of such government), or another HUD-approved public or private
independent entity.
The PHA may compensate the independent entity from PHA ongoing administrative fee
income (including amounts credited to the administrative fee reserve). The PHA may not use
other program receipts to compensate the independent entity for its services. The PHA, and
the independent entity, may not charge the family any fee for the services provided by the
independent entity.
PHA Policy
If units converted to PBV under RAD are PHA-owned housing, the PHA will use
[insert name of the entity] as the HUD-approved independent entity.
18-II.D. SUBSIDY LAYERING REQUIREMENTS [NOTICE PIH 2019-23; NOTICE PIH 2012-32, REV
-3; NOTICE PIH 2012-32, REV-2]
For projects governed by Notice PIH 2019-23, REV-4, the following language applies:
In the case of a PHA that will no longer have ACC units as a result of the pending or
simultaneous closing or have less than 50 units remaining and have initiated procedures
to dispose of their final ACC units, there is no restriction on the amount of public housing
funds that may be contributed to the covered project or projects though the conversion.
However, the PHA must estimate and plan for outstanding liabilities and costs and must
follow Notice PIH 2016-23 or successor notice regarding the administrative activities
required to terminate the ACC if it has no plans to develop additional public housing.
In the case where the PHA will continue to maintain other units in its inventory under a
public housing ACC, a contribution of operating funds to the covered project that exceeds
the average amount the project has held in operating reserves over the past three years
will trigger a subsidy layering review under 24 CFR 4.13. Similarly, any contribution of
capital funds, including Replacement Housing Factor (RHF) or Demolition Disposition
Transitional Funding (DDTF), will trigger a subsidy layering review. Notwithstanding the
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subsidy layering review, PHAs should be mindful of how the capital funds or operating
reserves used in the financing of its RAD properties may impact the physical and financial
health of properties that will remain in its public housing inventory.
Following execution of the HAP contract, PHAs are authorized to use operating and
capital funds to make HAP payments for the remainder of the first calendar year in which
the HAP contract is effective. Otherwise, a PHA may not contribute public housing
program funds to the covered project unless those funds have been identified in the RCC
and converted at closing for Section 8 RAD purposes.
For projects governed by Notice PIH 2012-32, REV-3, the following language applies:
In the case of a PHA that is converting all of its ACC units, there is no restriction on the
amount of public housing funds that may be contributed to the covered project at closing;
the PHA may convey all program funds to the covered projects. In order to cover the cost
of administrative activities required to terminate the ACC, once it no longer has units
under the ACC and has no plans to develop additional public housing, the PHA may:
o
Designate that a reserve associated with the project be available to fund any public
housing closeout costs (such as an operating deficit reserve or a specific PHA
closeout reserve). Any funds not needed for public housing closeout costs would
remain in such reserve or may be transferred to another reserve associated with the
project (such as the replacement reserve). Thereafter, these funds may be used at the
project pursuant to the authorized use of the applicable reserve; or
o
Retain funds under the public housing program for this purpose. However, HUD will
recapture any public housing funds that a PHA does not expend for closeout costs.
In the case where the PHA will continue to maintain other units in its inventory under a
public housing ACC, a contribution of operating funds to the covered project that exceeds
the average amount the project has held in operating reserves over the past three years
will trigger a subsidy layering review under 24 CFR 4.13. Similarly, any contribution of
capital funds, including Replacement Housing Factor (RHF) or Demolition Disposition
Transitional Funding (DDTF), will trigger a subsidy layering review. Notwithstanding the
subsidy layering review, PHAs should be mindful of how the capital funds or operating
reserves used in the financing of its RAD properties may impact the physical and financial
health of properties that will remain in its public housing inventory.
In addition, following execution of the HAP contract, PHAs are authorized to use operating
and capital funds to make HAP payments for the remainder of the first calendar year in
which the HAP contract is effective. Otherwise, a PHA may not contribute public housing
program funds to the covered project unless such funding has been identified in the
approved financing plan and included in the approved “sources and uses” attached to the
RCC.
For projects governed by the requirements of Notice PIH 2012-32, REV-2, the following
language applies:
In the case of a PHA that is converting all of its ACC units, there is no restriction on the
amount of public housing funds that may be contributed to the covered project at closing;
the PHA may convey all program funds to the covered project. HUD will recapture any
public housing funds that a PHA has not expended once it no longer has units under
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ACC. In the case where the PHA will continue to maintain other units in its inventory
under a public housing ACC, a contribution of operating funds to the covered project that
exceeds the average amount the project has held in operating reserves over the past
three years will trigger a subsidy layering review under 24 CFR 4.13. Similarly, any
contribution of capital funds, including Replacement Housing Factor (RHF) or Demolition
Disposition Transitional Funding (DDTF), will trigger a subsidy layering review.
Notwithstanding the subsidy layering review, PHAs should be mindful of how the capital
funds or operating reserves used in the financing of its RAD properties may impact the
physical and financial health of properties that will remain in its public housing inventory.
18-II.E. PBV PERCENTAGE LIMITATION AND UNIT CAP [NOTICE PIH 2019-23 AND NOTICE PIH
2023-19]
PBV Percentage Limitation
Covered projects do not count against the maximum amount of assistance a PHA may utilize
for the PBV program (program cap), which under the standard PBV program is set at 20
percent of the authorized units allocated to a PHA under the HCV program with the ability to
project-base an additional 10 percent of units that meet certain requirements. The number of
PBV units excluded from the PHA’s PBV program cap cannot exceed the number of former
public housing units that those PBV units are replacing through the course of the RAD
conversion. All PBV units in a covered project that replace former public housing units at the
time of conversion are excluded from both the numerator and the denominator when
calculating the percent of vouchers that may be project-based by a PHA. To implement this
provision, HUD is waiving section 8(o)(13)(B) of the 1937 Act as well as 24 CFR 983.6.
Unit Cap Limitation
When HUD published REV-3 of Notice PIH 2012-32, the cap on the number of assisted units
in each project was eliminated. Under the standard PBV program the cap is set at the greater
of 25 units or 25 percent of the units in the project, with certain exceptions. HUD waived this
requirement, and projects governed by Notice PIH 2019-23 and Notice PIH 2012-32, REV-3
have no cap on the number of units that may receive PBV assistance in a project.
However, for projects that are governed by REV-2 of Notice PIH 2012-32, the cap on the
number of PBV units in the project is increased to 50 percent. In these projects, however,
provided units met certain exception criteria, the PHA may have converted a larger number of
units to RAD PBV. For projects governed by the requirements of Notice PIH 2012-32, REV-2
only, the following language applies:
In general, the PHA may not provide PBV assistance for units in a project if the total
number of dwelling units in the project that will receive PBV assistance during the term of
the PBV HAP contract is more than 50 percent of the number of dwelling units (assisted
or unassisted) in the project. However, PHAs may exceed the 50 percent limitation when
units in the project are occupied by elderly and/or disabled families or families that will
receive supportive services. These units are known as “excepted units” and do not count
toward the project cap.
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For projects governed by the requirements of Notice PIH 2012-32, REV-2 choosing to
include excepted units, additional policy decisions may be required.
PHA Policy
For projects governed by Notice PIH 2012-32, REV-2, the PHA will not provide RAD
PBV assistance for any excepted units.
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18-II.F. SITE SELECTION STANDARDS [NOTICE PIH 2019-23; NOTICE PIH 2016-17]
Site selection requirements set forth in 24 CFR 983.55 apply to RAD PBV, with the exception
of the provisions regarding deconcentration of poverty and expanding housing and economic
opportunity for existing housing sites.
To facilitate the uniform treatment of residents and units, any non-RAD PBV units located in
the same project are subject to the terms of this provision.
HUD will conduct a front-end civil rights review of the PHA’s proposed site in certain
circumstances. For RAD PBV conversions that involve new construction located in an area of
minority concentration (whether on the existing public housing site or on a new site) HUD will
determine whether it meets one of the exceptions that would allow for new construction in an
area of minority concentration.
The PHA must ensure that its RAD PBV conversion, including any associated new
construction, is consistent with its certification to affirmatively further fair housing and
complies with civil rights laws.
18-II.G. ENVIRONMENTAL REVIEW [NOTICE PIH 2019-23; ENVIRONMENTAL REVIEW
REQUIREMENTS FOR RAD CONVERSIONS, MARCH 2019]
HUD cannot approve an applicant’s financing plan submission unless and until the required
environmental review has been completed for the applicant’s proposed conversion project
and found to meet environmental review requirements. Environmental documents must be
submitted no later than the applicant’s financing plan. HUD will not issue a RAD Conversion
Commitment (RCC) if the project plan does not meet the environmental review requirements
described in Attachment 1A of Notice PIH 2019-23. Once an awardee has submitted an
application for a specific project, they may not make any choice limiting actions before the
completion of the environmental review.
PART III: DWELLING UNITS
18-III.A. OVERVIEW
This part identifies the special housing quality standards that apply to the RAD PBV program,
housing accessibility for persons with disabilities, and special procedures for conducting
housing quality standards inspections.
18-III.B. HOUSING QUALITY STANDARDS [24 CFR 983.101 AND 24 CFR 5.703]
Housing quality standards for the tenant-based program generally apply to the PBV program.
Housing quality standards requirements for shared housing, manufactured home space
rental, and the homeownership option do not apply because these housing types are not
assisted under the PBV program.
The physical condition standards at 24 CFR 5.703 do not apply to the PBV program.
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Lead-based Paint [24 CFR 983.101(c); Notice PIH 2019-23]
The lead-based paint requirements for the tenant-based voucher program do not apply to the
PBV program. Instead, the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4821-
4846), the Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-
4856), and implementing regulations at 24 CFR part 35, subparts A, B, H, and R, and 40
CFR 745.227, apply to the PBV program.
18-III.C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES [NOTICE PIH 2016-17]
Federal accessibility requirements apply to all conversions, whether they entail new
construction, alternations, or existing facilities. The housing must comply with program
accessibility requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and implementing regulations at 24 CFR part 8. The PHA must ensure that the percentage of
accessible dwelling units complies with the requirements of section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794), as implemented by HUD’s regulations at 24 CFR 8, subpart C.
Housing first occupied after March 13, 1991, must comply with design and construction
requirements of the Fair Housing Amendments Act of 1988 and implementing regulations at
24 CFR 100.205, as applicable. (24 CFR 983.102).
18-III.D. INSPECTING UNITS [24 CFR 983.103]
Initial Inspection [RAD Quick Reference Guide, Notice PIH 2019-23, and
Notice PIH 2023-19]
Under standard PBV regulations at 24 CFR 983.103(c), the PHA must inspect and determine
that all of the proposed PBV units fully comply with housing quality standards before entering
the HAP contract, unless the PHA has adopted a policy to enter into a HAP contract for units
that fail the initial inspection as a result of only non-life-threatening conditions (NLT option), or
if the unit passed an alternative inspection, or both. It is the responsibility of the contract
administrator to perform this initial inspection (unless units are PHA-owned). In order to
accommodate projects in which repairs are conducted, however, HUD has waived this
requirement when units are undergoing rehabilitation. In this case, units must meet housing
quality standards by the date indicated in the RAD Conversion Commitment (RCC). To place
the unit under HAP contract and commence making payments, the PHA may rely on the
owner’s certification that the owner has no reasonable basis to have knowledge that life-
threatening conditions exist in the unit or units to be added to the HAP contract instead of
conducting an initial inspection. During the period of the work, housing quality standards
requirements apply. The PHA must enforce the project owner’s obligations and conduct
inspections when needed, (for example in response to tenant complaints or other information
coming to its attention), and the owner must correct any deficiencies in accordance with HQS
requirements (i.e., no more than 24 hours for a life-threatening deficiency, and within no more
than 30 calendar days or any PHA-approved extension for other defects, but no later than the
date of the completion of the work as indicated in the RCC).
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Turnover Inspections [24 CFR 983.103(c), FR Notice 1/18/17, and Notice PIH 2017-20]
Before providing assistance to a new family in a contract unit, the PHA must inspect the unit.
The PHA may not provide assistance on behalf of the family until the unit fully complies
with housing quality standards.
Periodic Inspections [24 CFR 983.103(e); FR Notice 6/25/14]
At least once every 24 months during the term of the HAP contract, the PHA must inspect a
random sample consisting of at least 20 percent of the contract units in each building, to
determine if the contract units and the premises are maintained in accordance with housing
quality standards. Turnover inspections are not counted toward meeting this inspection
requirement.
PHA Policy
The PHA will inspect on an annual basis a random sample consisting of at least
20 percent of the contract units in each building to determine if the contract units and
the premises are maintained in accordance with housing quality standards.
If more than 20 percent of the sample of inspected contract units in a building fail the initial
inspection, the PHA must reinspect 100 percent of the contract units in the building.
Alternative Inspections [24 CFR 983.103(g); Notice PIH 2016-05]
In the case of a PBV project financed under a federal, state, or local housing program that is
subject to alternative inspections, the PHA may rely upon an alternative inspection conducted
at least triennially to demonstrate compliance with inspection requirements.
PHA Policy
The PHA will not rely on alternative inspection standards.
Interim Inspections [24 CFR 983.103(f)]
If a participant or government official notifies the PHA of a potential deficiency, the following
applies:
If the reported deficiency is life-threatening, the PHA must, within 24 hours of notification,
both inspect the housing unit and notify the owner if the life-threatening deficiency is
confirmed. The owner must then make the repairs within 24 hours of PHA notification.
If the reported deficiency is non-life-threatening, the PHA must, within 15 days of
notification, both inspect the unit and notify the owner if the deficiency is confirmed. The
owner must then make the repairs within 30 days of notification from the PHA or within
any PHA-approved extension.
PHA Policy
During an interim inspection, the PHA generally will inspect only those deficiencies
that were reported. However, the inspector will record any additional deficiencies that
are observed and will require the responsible party to make the necessary repairs.
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If the periodic inspection has been scheduled or is due within 90 days of the date the
special inspection is scheduled the PHA may elect to conduct a full inspection.
Follow Up Inspections [24 CFR 983103(f)(2)]
The PHA must conduct follow-up inspections needed to determine if the owner (or, if
applicable, the family) has corrected a housing quality standards violation, and must conduct
inspections to determine the basis for exercise of contractual and other remedies for owner or
family violation of housing quality standards.
Supervisory Quality Control Inspections [24 CFR 983.103(f)(3)]
In conducting PHA supervisory quality control HQS inspections, the PHA should include a
representative sample of both tenant-based and project-based units.
Inspecting PHA-Owned Units [24 CFR 983.103(g); Notice PIH 2017-21]
In the case of PHA-owned units, all required inspections must be performed by an
independent entity designated by the PHA and approved by HUD. The independent entity
must furnish a copy of each inspection report to the PHA. The PHA 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 the PHA-owner.
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PART IV: HOUSING ASSISTANCE PAYMENTS (HAP) CONTRACT
18-IV.A. OVERVIEW [RAD PBV QUICK REFERENCE GUIDE 6/20]
Public housing projects converting under RAD do not employ the PBV Agreement to Enter
into a Housing Assistance Payments (AHAP) contract. Instead, following the execution of all
requirements contained in the Commitment to Enter into a HAP (CHAP) contract and the
RAD Conversion Commitment (RCC), a project is converted immediately to the RAD PBV
HAP contract following the closing of any construction financing. Owners of public housing
projects converted to PBV assistance via RAD enter into a HAP contract with the PHA that
will administer the PBV assistance. Units assisted under a RAD PBV HAP contract must be
subject to long-term, renewable use and affordability restrictions.
18-IV.B. HAP CONTRACT REQUIREMENTS
Contract Information [RAD PBV Quick Reference Guide 6/20; Notice PIH 2019-23]
The RAD PBV program uses the PBV HAP contract for new construction or rehabilitated
housing (Form HUD-52530A), as modified by the RAD rider (Form HUD-52621). For closings
on or after January 1, 2018, HUD incorporated the RAD rider directly into the standard PBV
HAP contract. For closing that occurred prior to January 1, 2018, the RAD rider must be
attached to the PBV HAP contract.
The distinction between “existing housing” and “rehabilitated and newly constructed housing”
is overridden by RAD requirements. The project must also have an initial RAD use
agreement. All public housing RAD conversion properties financed with LIHTC are also
required to include an LIHTC rider.
Execution and Effective date of the HAP Contract [RADBlast! 7/11/16]
RAD PBV projects do not employ an Agreement to Enter into a Housing Assistance
Payments (AHAP) contract like in the standard PBV program. Rather, when the conditions of
the CHAP and the RCC are met and the conversion has closed, the PHA executes the HAP
contract. Project owners may select the effective date of the HAP contract as the first day of
either of the two months following the completed closing.
Term of HAP Contract [Notice PIH 2019-23]
The initial term of the HAP contract may not be for less than 15 years and may be for a term
of up to 20 years upon request of the owner and with approval of the administering voucher
agency. Upon expiration of the initial term of the contract, and upon each renewal term of the
contract, the owner must accept each offer to renew the contract, for the prescribed number
and mix of units, either on the site of the project subject to the expiring contract or, upon
request of the project owner and subject to PHA and HUD approval, at another site through a
future transfer of assistance. Contracts are subject to the terms and conditions applicable at
the time of each offer and further subject to the availability of appropriations for each year of
each such renewal. To implement this provision, HUD is waiving section 8(o)(13)(F) of The
United States Housing Act of 1937, which permits a minimum term of one year, as well as 24
CFR 983.205(a), which governs the contract term.
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Agreement to Enter into a HAP (AHAP) Contract [Notice PIH 2019-23]
For public housing conversions to PBV, there will be no agreement to enter into a Housing
Assistance Payments (AHAP) contract. Therefore, all regulatory references to the Agreement
(AHAP), including regulations under 24 CFR Part 983 Subpart D, are waived. The definitions
for proposal selection date, new construction, rehabilitation, and existing housing are
not applicable.
Mandatory Contract Renewal [Notice PIH 2019-23]
By statue, upon contact expiration, the agency administering the vouchers will offer, and the
PHA will accept, renewal of the contract for the prescribed number and mix of units, either on
the site of the project subject to the expiring contract or, upon request of the project owner
and subject to PHA and HUD approval, at another site through a future transfer of assistance.
The contract is subject to the terms and conditions applicable at the time of renewal and the
availability of appropriations each year for such renewal. Consequently 24 CFR 983.205(b),
governing the PHA discretion to renew the contract, will not apply.
In the event that the HAP contract is removed due to breach, non-compliance or insufficiency
of appropriations, for all units previously covered under the HAP contract, new tenants must
have incomes at or below 80 percent of the area median income at the time of admission and
rents may not exceed 30 percent of 80 percent of median income for an appropriate size unit
for the remainder of the term of the RAD use agreement.
Remedies for Housing Quality Standards Violations [24 CFR 983.208]
The following is applicable to HAP contracts executed or renewed before June 6, 2024.
The PHA may not make any HAP payment to the owner for a contract unit during any period
in which the unit does not comply with housing quality standards. If the PHA determines that
a contract unit does not comply with housing quality standards, the PHA may exercise any of
its remedies under the HAP contract, for any or all of the contract units. Available remedies
include termination of housing assistance payments, abatement or reduction of housing
assistance payments, withholdingof contract units, and termination of the HAP contract.
PHA Policy
The PHA will abate contracts for noncompliance with housing quality standardsin
accordance with the policies used in the tenant-based voucher program. These
policies are contained in Section 8-II.G., Enforcing Owner Compliance.
The following is applicable to HAP contracts executed or renewed June 6, 2024, or
later.
Enforcement of Housing Quality Standards [24 CFR 983.208(b)]
The PHA must vigorously enforce the owner’s obligation to maintain contract units in
accordance with housing quality standards. If the owner fails to maintain the dwelling unit in
accordance with housing quality standards, the PHA must take enforcement action. The unit
is in noncompliance with housing quality standards if:
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The PHA or other inspector authorized by the state or local government determines the
unit has housing quality standards deficiencies based upon an inspection;
The agency or inspector notifies the owner in writing of the unit housing quality standards
deficiencies; and
The deficiencies are not remedied within the following timeframes:
-
For life-threatening deficiencies, the owner must correct the deficiency within 24 hours
of notification;
-
For other deficiencies, the owner must correct the deficiency within 30 calendar days
of notification (or any reasonable PHA-approved extension).
In the case of an HQS deficiency that the PHA determines is caused by the tenant, any
member of the household, or any guest or other person under the tenant’s control, other than
any damage resulting from ordinary use, the PHA may waive the owner’s responsibility to
remedy the violation. Housing assistance payments to the owner may not be withheld or
abated if the owner responsibility has been waived. However, the PHA may terminate
assistance to a family because of a housing quality standards breach beyond damage
resulting from ordinary use caused by any member of the household or any guest or other
person under the tenant’s control, which may result in removing the unit from the HAP
contract.
PHA Policy
The PHA will waive the owner’s responsibility for housing quality standards
deficiencies that have been determined to have been caused by the tenant, any
member of the household, or any guest or other person under the tenant’s control, to
the extent the tenant can be held responsible for ensuring that the deficiencies are
corrected: the tenant must take all necessary steps permissible under the lease and
state and local law to remedy the deficiency. This may include paying the owner for
the cost of the necessary repairs in accordance with the lease.
In the case of a housing quality standards deficiency that is caused by fire, natural disaster,
or similar extraordinary circumstances, the PHA may permit the owner to undertake
substantial improvement in accordance with 24 CFR 983.212. However, so long as the
contract unit with deficiencies is occupied, the PHA must withhold or abate housing
assistance payments and remove units from or terminate the HAP contract as described in
this section.
In the case of a project that is undergoing development activity after HAP contract execution,
the remedies of 24 CFR 983.208(d) do not apply to units designated as unavailable for
occupancy during the period of development activity in accordance with the rider. However, in
the case of any contract unit with deficiencies that is occupied, the PHA must withhold or
abate housing assistance payments and remove units from or terminate the HAP contract as
described in this section.
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Family Obligation [24 CFR 983.208(c)]
The family may be held responsible for a breach of housing quality standards caused by any
of the following:
Tenant-paid utilities not in service;
Failure to provide or maintain appliances owned by the family; and
Damage to the dwelling unit or premises caused by a household member or guest beyond
ordinary wear and tear.
PHA Policy
Damages beyond ordinary wear and tear will be considered to be damages which
could be assessed against the security deposit under state law or in court practice.
If the PHA has waived the owner’s responsibility to remedy the violation, the following
applies:
If the housing quality standards breach caused by the family is life-threatening, the family
must take all steps permissible under the lease and state and local law to ensure the
deficiency is corrected within 24 hours of notification.
For other family-caused deficiencies, the family must take all steps permissible under the
lease and state and local law to ensure the deficiency is corrected within 30 calendar days
of notification (or any PHA-approved extension).
If the family has caused a breach of the HQS, the PHA must take prompt and vigorous action
to enforce the family obligations. The PHA may terminate assistance for the family in
accordance with 24 CFR 982.552.
PHA Remedies [24 CFR 983.208(d)]
The remedies listed below apply when housing quality standards deficiencies are identified
as the result of an inspection other than a pre-selection, initial, or turnover inspection. The
PHA must identify in its administrative plan the conditions under which it will withhold HAP
and the conditions under which it will abate HAP or terminate the HAP contract for units other
than the unit with housing quality standards deficiencies.
PHA Policy
The owner and the family will be notified in writing of the results of all inspections.
When an inspection identifies housing quality standards failures, the PHA will
determine (1) whether or not the failure is a life-threatening condition and (2) whether
the family or owner is responsible.
The PHA will not withhold assistance payments upon notification to the owner of the
deficiencies.
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When life-threatening conditions are identified, the PHA will immediately notify both
parties by telephone or email. The notice will specify who is responsible for correcting
the violation. The corrective actions must be taken within 24 hours of the PHA’s notice.
When failures that are not life-threatening are identified, the PHA will send the owner
and the family a written notification of the inspection results within five business days
of the inspection. The written notice will specify who is responsible for correcting the
violation, and the time frame within which the failure must be corrected. Generally, not
more than 30 days will be allowed for the correction.
If the owner is responsible for correcting the deficiency, 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 PHA-approved extension), the owner’s HAP will be abated.
Likewise, if the family is responsible for correcting the deficiency, the notice will inform
the family that if corrections are not made within the specified time frame (or any PHA-
approved extension, if applicable) the family’s assistance will be terminated in
accordance with PHA policy (see Chapter 12).
HAP Withholding [24 CFR 983.208(d)(1)
A PHA may withhold assistance payments for units that have housing quality standards
deficiencies once the PHA has notified the owner in writing of the deficiencies. The PHA’s
administrative plan must identify the conditions under which the PHA will withhold HAP. In
this case, if the unit is brought into compliance during the applicable cure period, the PHA
resumes assistance payments and provide assistance payments to cover the time period for
which the payments were withheld.
PHA Policy
The PHA will not withhold assistance payments upon notification to the owner of the
deficiencies.
HAP Abatement [24 CFR 983.208(d)(2)]
The PHA must abate the HAP, including amounts that had been withheld, if the owner fails to
make the repairs within the applicable cure period. The PHA may choose to abate payments
for all units covered by the HAP contract due to a contract unit’s noncompliance with the
housing quality standards, even if some of the contract units continue to meet housing quality
standards. In this case, the PHA must notify the family and the owner that it is abating
payments and, if the unit does not meet housing quality standards within 60 days (or a
reasonable longer period established by the PHA), the PHA will either terminate the HAP
contract or remove the unit with deficiencies from the HAP contract, and any family residing
in a unit that does not comply with housing quality standards will have to move if the family
wishes to receive continued assistance.
The owner may not terminate the tenancy of any family due to the withholding or abatement
of assistance.
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PHA Policy
The PHA will make all HAP abatements effective the first of the month following the
expiration of the PHA-specified correction period (including any extension).
The PHA will abate payments only for those contract units that do not meet housing
quality standards.
The PHA will inspect abated units within five business days of the owner’s notification
that the work has been completed. Payment will resume effective on the day the unit
passes inspection.
During any abatement period, the family continues to be responsible for its share of the rent.
Failure to Make Repairs
If an owner fails to make required repairs within 60 days (or a reasonable longer period
established by the PHA) of the notice of abatement, the PHA must either remove the unit
from the HAP contract or terminate the HAP contract in its entirety. The PHA must issue the
family whose unit will be removed or all families residing in contract units, if the PHA is
terminating the HAP contract, a tenant-based voucher to move at least 30 days prior to the
removal of the unit from the HAP contract or termination of the HAP contract. A family may
elect to remain in the project if the project contains a unit that meets the requirements of that
section, with priority given to families who will remain in the same unit if there are insufficient
units available to accommodate all families that wish to remain. The PHA must give any
family residing in a unit that is either removed from the HAP contract or for which the HAP
contract is terminated due to a failure to correct housing quality standards deficiencies at
least 90 days or a longer period as the PHA determines is reasonably necessary following
the termination of the HAP contract or removal of the unit from the HAP contract to lease a
unit with tenant-based assistance.
PHA Policy
The PHA will issue a family whose HAP contract is being terminated due to an owner
failing to make required repairs within the required time frame a voucher no later than
30 days prior to the termination of the HAP contract. The initial term of the voucher will
be 120 calendar days. No briefing is required for these families.
In order to receive tenant-based assistance under the HCV program, the family must
submit a Request for Tenancy Approval and proposed lease within the 120-day period,
unless the PHA grants an extension. The PHA will follow the policies set forth in
Chapter 5 on voucher extension and expiration.
Offer of Public Housing [24 CFR 983.208(d)(6)(ii)]
If the family is unable to lease a new unit within the term of the voucher, and the PHA owns
or operates public housing, the PHA must offer, and, if accepted, provide the family a
selection preference for an appropriate-sized public housing unit that first becomes available
for occupancy after the time period expires.
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PHA Policy
The PHA does operate a public housing program and will provide a preference for
PBV families whose units is being removed from the HAP contract or whose HAP
contract is being terminated due to an owner failing to make required repairs within the
required time frame, and who were unable to lease a new unit within the term of the
voucher.
Thirty days prior to the expiration date of the voucher, the PHA will provide written
notice to the family stating that the PHA does provide such a preference and providing
an estimation of availability for the appropriately sized public housing unit.
Relocation Assistance [24 CFR 983.208(d)(6)(iii)]
PHAs may assist families relocating due to the HAP contract being terminated as a result of
the owner failing to make required repairs within the required time frame in finding a new unit,
including using up to two months of the withheld and abated assistance payments for costs
directly associated with relocating to a new unit, including security deposits, temporary
housing costs, or other reasonable moving costs as determined by the PHA based on their
locality.
If the PHA uses withheld and abated payments to assist with relocation costs, the PHA must
provide security deposit assistance to the family as necessary. The PHA must assist families
with disabilities with locating available accessible units in accordance with 24 CFR 8.28(a)(3).
If the family receives security deposit assistance from the PHA for the new unit, the PHA may
require the family to remit the security deposit returned by the owner of the new unit at such
time that the lease is terminated, up to the amount of security deposit provided by the PHA
for that unit.
PHA Policy
The PHA will assist families with disabilities with locating available accessible units in
accordance with program requirements.
The PHA will use up to two months of withheld and abated payment to assist with any
required security deposit at the new unit. Funds will not be used for any other
relocation assistance.
If the family receives a refund of a security deposit for the new unit, the PHA will not
require any amount to be remitted to the PHA.
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18-IV.C. AMENDMENTS TO THE HAP CONTRACT
Floating Units [Notice PIH 2019-23]
Upon request of the owner to the voucher agency that will administer the project, HUD will
permit assistance to float among units within the project that are the same bedroom size. The
unit to which assistance is floated must be comparable to the unit being replaced in quality
and amenities.
If the PHA chooses to float units, units are not specifically identified on the HAP contract,
rather the HAP contract must specify the number and type of units in the property that are
RAD PBV units. The property must maintain the same number and type of RAD units from
the time of the initial HAP contract execution forward.
PHA Policy
The PHA will float assistance among unoccupied units within the project. Tracking of
the number and type of units at the property, as well as identification of comparable
units when assistance is floated, will be maintained by each property.
Reduction in HAP Contract Units [Notice PIH 2019-23]
Project owners are required to make available for occupancy by eligible tenants the number
of assisted units under the terms of the HAP contract.
The PHA may not reduce the number of assisted units without written HUD approval. Any
HUD approval of a PHA’s request to reduce the number of assisted units under contract is
subject to conditions that HUD may impose. MTW agencies may not alter this requirement.
If units are removed from the HAP contract because a new admission’s TTP comes to equal
or exceed the gross rent for the unit and if the project is fully assisted, the PHA must reinstate
the unit after the family has vacated the property. If the project is partially assisted, the PHA
may substitute a different unit for the unit on the HAP contract in accordance with 24 CFR
983.207, or where the development has “floating” units.
18-IV.D. HAP CONTRACT YEAR AND ANNIVERSARY DATES [24 CFR 983.207(B)(2) AND (G),
AND 24 CFR 983.302(E)]
The HAP contract year is the period of 12 calendar months preceding each annual
anniversary of the HAP contract during the HAP contract term. The initial contract year is
calculated from the first day of the first calendar month of the HAP contract term.
The annual anniversary of the HAP contract is the first day of the first calendar month after
the end of the preceding contract year. There is a single annual anniversary date for all units
under a particular HAP contract.
18-IV.E. OWNER RESPONSIBILITIES UNDER THE HAP CONTRACT
[24 CFR 983.210]
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When the owner executes the HAP contract, they certify that at such execution and at all
times during the term of the HAP contract:
The owner is maintaining the premises and contract units in accordance with housing
quality standards;
The owner is providing all services, maintenance, equipment, and utilities as agreed to
under the HAP contract and the leases;
Each contract unit for which the owner is receiving HAP is leased to an eligible family
referred by the PHA or selected from the owner-maintained waiting list, and the lease is in
accordance with the HAP contract and HUD requirements;
To the best of the owner’s knowledge, the family resides in the contract unit for which the
owner is receiving HAP, and the unit is the family’s only residence;
The owner (including a principal or other interested party) is not the spouse, parent, child,
grandparent, grandchild, sister, or brother of any member of a family residing in a contract
unit (unless needed as a reasonable accommodation);
The amount of the HAP the owner is receiving is correct under the HAP contract;
The rent for contract units does not exceed rents charged by the owner for comparable
unassisted units;
Except for HAP and tenant rent, the owner has not received and will not receive any other
payment or consideration for rental of the contract unit;
The family does not own or have any interest in the contract unit (this does not apply to
the family’s membership in a cooperative); and
Repair work on the project selected as an existing project that is performed after HAP
contract execution within such post-execution period as specified by HUD may constitute
development activity, and if determined to be development activity, the repair work
undertaken shall be in compliance with Davis-Bacon wage requirements.
PART V: SELECTION OF PBV PROGRAM PARTICIPANTS
18-V.A. OVERVIEW
Many of the provisions of the tenant-based voucher regulations [24 CFR 982] also apply to
the PBV program. This includes requirements related to determining eligibility and selecting
applicants from the waiting list. Even with these similarities, there are requirements that are
unique to the PBV program. This part describes the requirements and policies related to
eligibility and admission to the PBV program.
18-V.B. PROHIBITED RESCREENING OF EXISTING TENANTS UPON CONVERSION [NOTICE
PIH 2019-23]
Current households cannot be excluded from occupancy at the covered project based on any
rescreening, income eligibility, or income targeting provisions. Consequently, current
households will be grandfathered for application of any eligibility criteria to conditions that
occurred prior to conversion but will be subject to any ongoing eligibility requirements for
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actions that occur after conversion. Post-conversion, the tenure of all residents of the covered
project is protected pursuant to PBV requirements regarding continued occupancy unless
explicitly modified by Notice PIH 2019-23 (e.g., rent phase-in provisions). For example, a unit
with a household that was over-income at time of conversion would continue to be treated as
an assisted unit. Thus, 24 CFR 982.201, concerning eligibility and targeting, will not apply for
current households. Once that remaining household moves out, the unit must be leased to an
eligible family. Existing residents at the time of conversion may not be rescreened for
citizenship status or have their social security numbers reverified.
Further, so as to facilitate the right to return to the assisted property, this provision must apply
to current public housing residents of the converting project that will reside in non-RAD PBV
units placed in a project that contain RAD PBV units. Such families and such contract units
will otherwise be subject to all requirements of the applicable program, specifically 24 CFR
983 for non-RAD PBV. Any non-RAD PBV units located in the same project are also subject
to the right to return.
For the RAD PBV program, in-place family means a family who lived in a pre-conversion
property at the time assistance was converted from public housing to PBV under RAD.
18-V.C. ELIGIBILITY FOR PBV ASSISTANCE [24 CFR 983.251(A) AND (B)]
Applicants for PBV assistance must meet the same eligibility requirements as applicants for
the tenant-based voucher program using information received and verified by the PHA within
a period of 60 days before commencement of PBV assistance. For all families, the PHA must
determine if the total tenant payment for the family is less than the gross rent, such that the
unit will be eligible for a monthly HAP. Applicants must qualify as a family as defined by HUD
and the PHA, have income at or below HUD-specified income limits, and qualify on the basis
of citizenship or the eligible immigration status of family members [24 CFR 982.201(a) and 24
CFR 983.2(a)]. In addition, an applicant family must provide social security information for
family members [24 CFR 5.216 and 5.218] and consent to the PHA’s collection and use of
family information regarding income, expenses, and family composition [24 CFR 5.230]. The
PHA may also not approve a tenancy if the owner (including a principal or other interested
party) of the unit is the parent, child, grandparent, grandchild, sister, or brother of any
member of the family, unless needed as a reasonable accommodation. An applicant family
must also meet HUD requirements related to current or past criminal activity.
PHA Policy
The PHA will determine an applicant family’s eligibility for the RAD PBV program in
accordance with the policies in Chapter 3.
18-V.D. ORGANIZATION OF THE WAITING LIST [24 CFR 983.251(C); NOTICE PIH 2019-23]
The standard PBV regulations at 24 CFR 983.251 set out program requirements related to
establishing and maintaining a waiting list from which residents will be admitted. These
provisions will apply unless the project is covered by a remedial order or agreement that
specifies the type of waiting list and other waiting list policies. Any non-RAD PBV units
located in the same project are also subject to these requirements.
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Applicants who will occupy units with PBV assistance must be selected from the waiting list
for the PBV program. The PHA or owner (as applicable) may establish selection criteria or
preferences for occupancy of particular PBV units. The PHA may place families referred by
the PBV owner on its PBV waiting list.
The PHA must establish in the administrative plan the options it will use to structure the PBV
waiting list. The PHA may:
Use a separate, central, waiting list comprised of more than one or or all PBV projects;
Use the same waiting list for both tenant-based and some or all PBV projects;
Use a separate waiting list for PBV units in individual projects or buildings (or for sets of
such units) (which may be used in combination with either of the above options and may
be maintained by the owner); or
Merge the PBV waiting list with a waiting list for other assisted housing programs offered
by the PHA.
If the PHA chooses to offer a separate waiting list for PBV assistance, the PHA must offer to
place applicants who are listed on the tenant-based waiting list on the waiting list for PBV
assistance. The PHA must specify the name of the PBV projects in its administrative plan.
PHA Policy
The PHA will establish and manage separate waiting lists for individual projects or
buildings that are receiving RAD PBV assistance. The PHA currently has waiting lists
for the following RAD PBV projects:
[Insert list of projects/buildings receiving PBV assistance for which separate
waiting lists are maintained].
For any applicants on the public housing waiting list that are likely to be ineligible for
admission to a covered project converting to PBV because the household’s TTP is
likely to exceed the RAD gross rent, the PHA will consider transferring such
household, consistent with program requirements for administration of waiting lists, to
the PHA’s remaining public housing waiting lists or to another voucher waiting list, in
addition to transferring such household to the waiting list for the covered project.
To the extent any wait list relies on the date and time of application, the applicants
shall have priority on the wait lists to which their application was transferred in
accordance with the date and time of their application to the original waiting list.
The PHA will maintain the project-specific waiting list in accordance with all applicable
civil rights and fair housing regulations found at 24 CFR 903.7(b)(2)(ii)-(iv). The PHA
will provide applicants full information about each development, including an estimate
of the wait time, location, occupancy, number and size of accessible units, and
amenities like day care, security, transportation, and training programs at each
development with a site-based waiting list. The system for selection will be consistent
with all applicable civil rights and fair housing laws and regulations and may not be in
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conflict with any imposed or pending court order, settlement agreement, or complaint
brought by HUD.
The PHA will give priority to participants moving under a VAWA emergency transfer
from one PBV development to another in accordance with Section 18-VI.E.
18-V.E. SELECTION FROM THE WAITING LIST [24 CFR 983.251(C)]
After conversion to RAD PBV, applicants who will occupy units with RAD PBV assistance
must be selected from the waiting list. The PHA may establish selection criteria or
preferences for occupancy of particular PBV units.
Income Targeting [24 CFR 983.251(c)(9); Notice PIH 2019-23]
At least 75 percent of the families admitted to the PHA’s tenant-based and project-based
voucher programs during the PHA fiscal year from the waiting list must be extremely-low
income families. The income targeting requirement applies to the total of admissions to both
programs.
Families in place at the time of the conversion are exempt from income targeting
requirements. New admissions follow standard PBV requirements. Any non-RAD PBV units
located in the same project are also subject to these requirements.
Units with Accessibility Features [24 CFR 983.251(c)(9)]
Families who require particular accessibility features for persons with disabilities must be
selected first to occupy PBV units with such accessibility features. The PHA must have some
mechanism for referring to accessible PBV units a family that includes a person with a
mobility or sensory impairment. .
Preferences [24 CFR 983.251(d); FR Notice 11/24/08; Notice PIH 2019-23]
The PHA may establish in its administrative plan any preferences for occupancy of particular
units, including the name of the projects and the specific preferences that are to be used by
projects. Criteria for occupancy of units (e.g., elderly families) may also be established,
however, selection of families must be done through admission preference. The PHA may
use the same selection preferences that are used for the tenant-based voucher program,
establish selection criteria or preferences for the PBV program as a whole, or for occupancy
of particular PBV developments or units.
PHA Policy
The PHA will not offer any preferences for the RAD PBV program. However, the PHA
will give priority to participants moving under a VAWA emergency transfer from one
PBV development to another in accordance with Section 18-VI.E.
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18-V.F. OFFER OF PBV ASSISTANCE
Refusal of Offer [24 CFR 983.251(e)]
If a family refuses the PHA’s offer of PBV assistance or the owner rejects a family for
admission to the owner’s PBV units, the family’s position on the PHA waiting list for tenant-
based assistance is not affected regardless of the type of PBV waiting list used by the PHA.
The impact (of a family’s rejection of the offer or the owner’s rejection of the family) on a
family’s position on the PBV waiting list will be determined as follows:
If a central PBV waiting list is used, the PHA’s administrative plan must address the
number of offers a family may reject without good cause before the family is removed
from the PBV waiting list and whether the owner’s rejection will impact the family’s place
on the PBV waiting list.
If a project-specific PBV waiting list is used, the family’s name is removed from the
project’s waiting list connected to the family’s rejection of the offer without good cause or
the owner’s rejection of the family. The family’s position on any other project-specific PBV
waiting list is not affected.
The PHA must define good cause in its administrative plan. The PHA’s definition of good
cause must include, at minimum, that:
-
The family determines the unit is not accessible to a household member with a
disability or otherwise does not meet the member’s disability-related needs;
-
The unit has housing quality standards deficiencies;
-
The family is unable to accept the offer due to circumstances beyond the family’s
control (such as hospitalization, temporary economic hardship, or natural disaster);
and
-
The family determines the unit presents a health or safety risk to a household member
who is or has been a victim of domestic violence, dating violence, sexual assault, or
stalking.
PHA Policy
The PHA will define good cause for rejection of a unit offer as any of the factors listed
above.
The PHA is prohibited from taking any of the following actions against a family who has
applied for, received, or refused an offer of PBV assistance:
Refusing to list the applicant on the waiting list for tenant-based voucher assistance
Denying any admission preference for which the applicant qualifies
Changing the applicant’s place on the waiting list based on preference, date, and time of
application, or other factors affecting selection under the PHA’s selection policy
Removing the applicant from the tenant-based voucher waiting list
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Acceptance of Offer [24 CFR 983.252(a) and (b)]]
Family Briefing
When a family accepts an offer for PBV assistance, the PHA must give the family an oral
briefing. The briefing must include information on how the program works, the responsibilities
of the family and owner, and the family’s right to move.
In addition to the oral briefing, the PHA must provide a briefing packet that contains the
following information:
How the PHA determines the total tenant payment for a family;
The family obligations under the program;
Information on federal, state, and local equal opportunity laws, the contact information for the
Section 504 coordinator, a copy of the housing discrimination complaint form, and information
on how to request a reasonable accommodation or modification under Section 504, the Fair
Housing Act, and the Americans with Disabilities Act;
PHA subsidy standards, including when the PHA will consider granting exceptions to the
standards, and when exceptions are required as a reasonable accommodation for a person
with disabilities under Section 504, the Fair Housing Act, or the Americans with Disabilities
Act; and
The family’s right to move.
The PHA and family must sign the statement of family responsibility.
Persons with Disabilities
The PHA must take appropriate steps to ensure effective communication, in accordance with
24 CFR 8.6 and 28 CFR part 35, subpart E, and must provide information on the reasonable
accommodation process, in conducting the oral briefing and in providing the written
information packet. This may include making alternative formats available (see Chapter 2). In
addition, the PHA must have a mechanism for referring a family that includes a member with
a mobility impairment to an appropriate accessible PBV unit.
Persons with Limited English Proficiency [24 CFR 983.252(d)]
The PHA musttake reasonable steps to ensure meaningful access by persons with limited
English proficiency in accordance with Title VI of the Civil Rights Act of 1964, HUD’s
implementing regulation at 24 CFR Part 1, Executive Order 13166 (see Chapter 2) ), and
HUD’s Final Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient
Persons (72 FR 2732) or successor authority.
18-V.G. LEASING OF CONTRACT UNITS [24 CFR 983.252]
The owner is responsible for developing written tenant selection procedures that are
consistent with the purpose of improving housing opportunities for very low-income families
and reasonably related to program eligibility and an applicant’s ability to fulfill their obligations
under the lease. An owner must promptly notify in writing any rejected applicant of the
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grounds for any rejection [24 CFR 983.253(a)(2) and (a)(3)]. The owner must provide a copy
of the rejection notice to the PHA. During the term of the HAP contract, the owner must lease
contract units to eligible families that are selected from the waiting list for the PBV program.
The contract unit leased to the family must be the appropriate size unit for the size of the
family, based on the PHA’s subsidy standards.
Leasing [24 CFR 983.253(a)]
During the term of the HAP contract, the owner must lease contract units to eligible families
that are selected and referred by the PHA from the waiting list. The contract unit leased to the
family must be the appropriate size unit for the size of the family, based on the PHA’s subsidy
standards.
Filling Vacancies [24 CFR 983.254(a)]
The owner must promptly notify the PHA of any vacancy or expected vacancy in a contract
unit. After receiving such notice, the PHA must make every reasonable effort to promptly
refer a sufficient number of families for the owner to fill such vacancies within 30 calendar
days. The PHA and the owner must make reasonable efforts to minimize the likelihood and
length of any vacancy.
PHA Policy
The owner must notify the PHA in writing (email) within five business days of learning
about any vacancy or expected vacancy.
The PHA will make every reasonable effort to refer families determined eligible to the
owner for a suitability determination within 30 calendar days of receiving such notice
from the owner. If the owner rejects the family after conducting a suitability screening,
the owner must provide a copy of the rejection notice to the PHA. The owner may not
offer a unit to a family until the PHA determines that the family is eligible for the
program and has given the owner written confirmation.
18-V.H. TENANT SCREENING [24 CFR 983.255]
PHA Option
The PHA is not responsible or liable to the owner or any other person for the family’s
behavior or suitability for tenancy. However, the PHA may opt to screen applicants for family
behavior or suitability for tenancy and may deny applicants based on such screening.
PHA Policy
The PHA will not conduct screening to determine a PBV applicant family’s suitability
for tenancy.
The PHA must provide the owner with an applicant family’s current and prior address (as
shown in PHA records) and the name and address (if known by the PHA) of the family’s
current landlord and any prior landlords.
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In addition, the PHA may offer the owner other information the PHA may have about a family,
including information about the tenancy history of family members or about drug trafficking
and criminal activity by family members. The PHA must provide applicant families a
description of the PHA policy on providing information to owners, and the PHA must give the
same types of information to all owners.
The protections for victims of domestic violence, dating violence, sexual assault, stalking, or
human trafficking in 24 CFR part 5, subpart L, apply to tenant screening. The PHA may not
disclose to the owner any confidential information provided in response to a request for
documentation of domestic violence, dating violence, sexual assault, stalking, or human
trafficking except at the written request or with the written consent of the individual providing
the documentation [24 CFR 5.2007(c)].
PHA Policy
The PHA will inform owners of their responsibility to screen prospective tenants, and
will provide owners with the required known name and address information, at the time
of the turnover HQS inspection or before. The PHA will not provide any additional
information to the owner, such as tenancy history, criminal history, etc.
Owner Responsibility
The owner is responsible for screening and selection of the family to occupy the owner’s unit.
When screening families the owner may consider a family’s background with respect to the
following factors:
Payment of rent and utility bills
Caring for a unit and premises
Respecting the rights of other residents to the peaceful enjoyment of their housing
Drug-related criminal activity or other criminal activity that is a threat to the health, safety, or
property of others
Compliance with other essential conditions of tenancy
PART VI: OCCUPANCY
18-VI.A. OVERVIEW
After an applicant has been selected from the waiting list, determined eligible by the PHA,
referred to an owner, and determined suitable by the owner, the family will sign the lease and
occupancy of the unit will begin.
18-VI.B. LEASE [24 CFR 983.256]
The tenant must have legal capacity to enter into a lease under state and local law. Legal
capacity means that the tenant is bound by the terms of the lease and may enforce the terms
of the lease against the owner.
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The tenant and the owner must enter into a written lease agreement that is signed by both
parties. The tenancy addendum must include, word-for-word, all provisions required by HUD.
Lease Requirements [24 CFR 983.256(c); Notice PIH 2019-23]
The lease for a PBV unit must specify all of the following information:
The names of the owner and the tenant;
The unit rented (address, apartment number, if any, and any other information needed to
identify the leased contract unit);
The term of the lease (initial term and any provision for renewal);
The amount of the tenant rent to owner, which is subject to change during the term of the
lease in accordance with HUD requirements;
A specification of the services, maintenance, equipment, and utilities that will be provided by
the owner;
The amount of any charges for food, furniture, or supportive services; and
For any family admitted following conversion, the lease must specify what will happen if the
family elects to remain in its unit after increasing its income such that it requires zero
HAP. Specifically, the lease must make clear how the tenant rent will be calculated, and it
must address the transition to a new lease. The PHA must include resident procedural
rights for termination notification and grievance procedures in the owner’s lease. These
requirements are not part of the regular PBV program but are required under RAD.
Tenancy Addendum [24 CFR 983.256(d)]
The tenancy addendum in the lease must state:
The program tenancy requirements
The composition of the household as approved by the PHA (the names of family members
and any PHA-approved live-in aide)
All provisions in the HUD-required tenancy addendum must be included in the lease. The
terms of the tenancy addendum prevail over other provisions of the lease.
Initial Term and Lease Renewal [24 CFR 983.256(f); RAD PBV Quick Reference
Guide 6/20]
Leases for residents who will remain in place (i.e., who will not be relocated solely as a result
of conversion) must have an effective date that coincides with—and must be signed on or
before—the effective date of the RAD PBV HAP contract.
The initial lease term must be for at least one year. The lease must provide for automatic
renewal after the initial term of the lease in either successive definitive terms (e.g., month-to-
month or year-to-year) or an automatic indefinite extension of the lease term. For automatic
indefinite extension of the lease term, the lease terminates if any of the following occur:
The owner terminates the lease for good cause
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The tenant terminates the lease
The owner and tenant agree to terminate the lease
The PHA terminates the HAP contract
The PHA terminates assistance for the family
Changes in the Lease [24 CFR 983.256(e)]
If the tenant and owner agree to any change in the lease, the change must be in writing, and
the owner must immediately give the PHA a copy of all changes.
The owner must notify the PHA in advance of any proposed change in the lease regarding
the allocation of tenant and owner responsibilities for utilities. Such changes may only be
made if approved by the PHA and in accordance with the terms of the lease relating to its
amendment. The PHA must redetermine reasonable rent, in accordance with program
requirements, based on any change in the allocation of the responsibility for utilities between
the owner and the tenant. The redetermined reasonable rent will be used in calculation of the
rent to owner from the effective date of the change.
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Owner Termination of Tenancy [24 CFR 983.257; Notice PIH 2019-23]
With two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons
an owner may in the tenant-based voucher program (see Section 12-III.B. and 24 CFR
982.310). In the PBV program, terminating tenancy for “good cause” does not include doing
so for a business or economic reason, or a desire to use the unit for personal or family use or
other non-residential purpose. The regulations at 24 CFR 5.858 through 5.861 on eviction for
drug and alcohol abuse and 24 CFR part 5, subpart L (Protection for Victims of Domestic
Violence, Dating Violence, Sexual Assault, or Stalking) apply to the PBV program.
Projects converting from public housing to PBV under RAD have additional procedural rights
that do not apply to the standard PBV program. These procedural rights must be included in
the owner’s lease as well as the PHA’s administrative plan. In addition to the regulations at
24 CFR 983.257 related to project owner termination of tenancy and eviction (which MTW
agencies may not alter) the termination procedure for RAD conversions to PBV will require
that PHAs provide adequate written notice of termination of the lease, which may not be less
than:
A reasonable period of time, but not to exceed 30 days:
-
If the health or safety of other tenants, PHA employees, or persons residing in the
immediate vicinity of the premises is threatened; or
-
In the event of any drug-related or violent criminal activity or any felony conviction
Not less than 14 days in the case of nonpayment of rent
Not less than 30 days in any other case, except that if a state or local law provides for a
shorter period of time, such shorter period will apply
These provisions apply to non-RAD PBV units located in the project as well.
Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)]
The lease may specify a maximum period of family absence from the unit that may be shorter
than the maximum period permitted by PHA policy. According to program requirements, the
family’s assistance must be terminated if they are absent from the unit for more than 180
consecutive days. PHA termination of assistance actions due to family absence from the unit
are subject to 24 CFR 982.312, except that the unit is not terminated from the HAP contract if
the family is absent for longer than the maximum period permitted.
CONTINUATION OF HOUSING ASSISTANCE PAYMENTS [24 CFR 983.258; NOTICE PIH 2019-
23; NOTICE PIH 2023-19; RAD SUPPLEMENTAL NOTICE 4B; RAD PBV QUICK REFERENCE
GUIDE 6/20]
Pre-Conversion Residents
The unit for a family with a TTP that equals or exceeds the gross rent (which is defined as the
contract rent plus any utility allowance for the unit) must be placed on the PBV HAP contract
and the family must be admitted to the PBV program. In this case, and until such time as the
family’s TTP falls below the gross rent, the family will pay the owner the alternate rent which
is defined as the lesser of:
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The family’s TTP minus the utility allowance (subject to any required phase-in); or
The Zero HAP Rent Cap, which is the lower of:
-
110 percent for the applicable FMR minus the utility allowance; or
-
In the event the units are subject to more restrictive rent setting requirement under the
LIHTC or HOME programs (or other programs approved by HUD on a project-specific
basis, the rent to owner set to comply with such requirements.
The family will continue to pay this amount until/if circumstances change, and HAP is paid on
their behalf. In other words, assistance may subsequently be reinstated if the tenant becomes
eligible for assistance in which case normal PBV rent requirements will apply to the family. In
such cases, the resident is still considered a program participant. All of the family obligations
and protections under RAD and standard PBV apply to the resident. Likewise, all
requirements with respect to the unit, such as compliance with the HQS requirements, apply
as long as the unit is under HAP contract or added back to the HAP Contract. Any non-RAD
PBV units located in the same project are also subject to these requirements.
After a family has paid the Zero HAP Rent Cap for a period of 180 days, the PHA must
remove the unit from the HAP Contract and the family’s participating in the PBV program
ends. If the Covered Project is fully assisted and the family subsequently leaves the
property, the PHA must reinstate the unit back onto the HAP contract and admit an eligible
family. If the Covered Project is partially assisted and the family subsequently leaves the
property, the unit must be reinstated back onto the HAP contract unless the PHA previously
substituted a different unit on the HAP contract in accordance with 24 CFR § 983.207 or,
where “floating units” have been permitted.
Additionally, if the family continues to reside in the project after the family’s unit was removed
from the HAP contract, the family may request to return to the PBV program if the family’s
income subsequently decreases to the extent that the family’s TTP is less than the Zero-HAP
Rent Cap, and the family is otherwise eligible for PBV assistance. The PHA must, at the
earliest opportunity, reinstate the family’s unit back onto the HAP contract to provide rental
assistance to the family. If the project was partially assisted and the PHA previously
substituted a different unit on the HAP contract, the PHA must substitute the family’s unit for
a vacant unit on the HAP contract if there is a vacant unit at the time of the request, or by
doing so as soon as a unit on the HAP contract becomes vacant if there are no vacant units
on the HAP contract at the time of the family request.
New Admission Families
Unless a waiver is requested and approved, following conversion, 24 CFR 983.53(d) applies,
and any new admission referred to the RAD PBV project must be initially eligible for a HAP
payment at admission to the program. This means a family’s TTP may not equal or exceed
the gross rent for the unit at admission.
Further, for any new families admitted after the conversion, assistance will be terminated 180
days after the last housing assistance payment on their behalf. If the project is fully assisted
and the family subsequently leaves the property, the PHA must reinstate the unit after the
family has vacated the property and admit an eligible family. If the project is partially
assisted, the PHA may substitute a different unit for the unit on the HAP contract in
accordance with 24 CFR 983.207 or where floating units have been permitted.
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In circumstances where low RAD PBV rents may prohibit a significant number of otherwise
eligible families on the waiting list from being admitted to the project because they do not
require subsidy, and which could consequently create an undue concentration of poverty at
the project compared to non-RAD PBV projects, a PHA may request a waiver from HUD for
the covered project in order to admit otherwise eligible families whose TTP exceeds gross
rent and to allow the units those families occupy to remain under the HAP contract even if the
PHA has not paid HAP for the family in 180 days. The waiver will apply the alternative
requirements applicable to the pre-conversion residents to new admission families.
PHA Policy
The PHA will not request waivers from HUD to apply the alternative requirements
applicable to pre-conversion residents to new admission families.
If a participating family who was admitted after the RAD conversion receive zero
assistance and subsequently experiences a change in circumstances that would result
in a HAP payment to the owner, the family must notify the PHA of the change and
request an interim reexamination before the expiration of the 180-day period.
Security Deposits [24 CFR 983.259; RAD PBV Quick Reference Guide 6/20]
Owners are permitted to recognize security deposit amounts that have been previously provided
by tenants who are in-place at the time of the RAD conversion. If a tenant residing in a
converting project has not previously provided a security deposit, then the owner may collect
a security deposit at the time of initial lease execution. Otherwise, the security deposit
requirements for standard PBV apply.
The owner may collect a security deposit from the tenant. The PHA may prohibit security
deposits in excess of private market practice, or in excess of amounts charged by the owner
to unassisted tenants.
PHA Policy
The PHA will allow the owner to collect a security deposit amount the owner
determines is appropriate.
When the tenant moves out of a contract unit, the owner, subject to state and local law, may
use the security deposit, including any interest on the deposit, in accordance with the lease,
as reimbursement for any unpaid tenant rent, damages to the unit, or other amounts owed by
the tenant under the lease.
The owner must give the tenant a written list of all items charged against the security deposit
and the amount of each item. After deducting the amount used to reimburse the owner, the
owner must promptly refund the full amount of the balance to the tenant.
If the security deposit does not cover the amount owed by the tenant under the lease, the
owner may seek to collect the balance from the tenant. The PHA has no liability or
responsibility for payment of any amount owed by the family to the owner.
18-VI.C. PUBLIC HOUSING FSS AND ROSS PARTICIPANTS [NOTICE PIH 2019-23]
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Current PH FSS participants will continue to participate in the PHA’s FSS program, and
PHAs will be allowed to use any PH FSS funds granted previously or pursuant to the current
fiscal year (FY) PH FSS notice of funding availability (NOFA) to serve those FSS participants
who live in units converted to RAD and who will as a result be moving to the HCV FSS
program. A PHA must convert the PH FSS program participants at the covered project to
their HCV FSS program.
Residents who were converted from the PH FSS program to the HCV FSS program through
RAD may not be terminated from the HCV FSS program or have HCV assistance withheld
due to the participant’s failure to comply with the contract of participation. Consequently, 24
CFR 984.303(b)(5)(iii) does not apply to FSS participants in converted properties.
At the completion of the FSS grant, PHAs should follow the normal closeout procedures
outlined in the grant agreement. If the PHA continues to run an FSS program that serves PH
and/or HCV participants, the PHA will continue to be eligible (subject to NOFA requirements)
to apply for FSS funding.
Current Resident Opportunities and Self-Sufficiency–Service Coordinators (ROSS–SC)
program grantees will be able to finish out their current ROSS–SC grants once their housing
is converted under RAD. However, once the property is converted, it will no longer be eligible
to be counted towards the unit count for future public housing ROSS–SC grants.
At the completion of the ROSS-SC grant, PHAs should follow the normal closeout procedures outlined
in the grant agreement. Please note that ROSS-SC grantees may be a nonprofit or local resident
association and this consequence of a RAD conversion may impact those entities.
Any non-RAD PBV units located in the same project are also subject to these requirements.
18-VI.D. RESIDENT PARTICIPATION AND FUNDING [NOTICE PIH 2019-23]
Residents of covered projects converting assistance to PBVs will have the right to establish
and operate a resident organization for the purpose of addressing issues related to their living
environment and be eligible for resident participation funding.
18-VI.E. MOVES
Overcrowded, Under-Occupied, and Accessible Units [24 CFR 983.260;
Notice PIH 2019-23]
All in-place tenants at the time of conversion are eligible to remain in the project. Over-
housed families should be moved into appropriately sized units if such units are available in
the new or rehabbed project. If appropriately sized units are not available, the existing
tenants may continue to be over-housed until an appropriately sized unit becomes available
or until the tenant leaves the project. Once the unit turns over, it must be leased to an
appropriately sized family. Any non-RAD PBV units located in the same project are also
subject to these requirements.
Following conversion, the standard PBV regulations apply. If the PHA determines that a
family is occupying a wrong-size unit, based on the PHA’s subsidy standards, or a unit with
accessibility features that the family does not require, and the unit is needed by a family that
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does require the features, the PHA must promptly notify the family and the owner of this
determination, and within 60 days of the determination, the PHA must offer the family the
opportunity to receive continued housing assistance in another unit.
PHA Policy
The PHA will notify the family and the owner of the family’s need to move based on the
occupancy of a wrong-size or accessible unit within 60 days of the PHA’s
determination. The PHA will offer the family the following types of continued
assistance in the following order, based on the availability of assistance:
PBV assistance in an appropriately sized unit in the same building or project
PBV assistance in an appropriately sized unit in another project
Tenant-based voucher assistance
If no continued housing assistance is available, the PHA must remove the wrong-sized or
accessible unit from the HAP contract to make voucher assistance available to issue the
family a tenant-based voucher.
If the PHA offers the family a tenant-based voucher, the PHA must terminate the housing
assistance payments for a wrong-size or accessible unit at the earlier of the expiration of the
term of the family’s voucher, including any extension granted by the PHA, or the date upon
which the family vacates the unit. If the family does not move out of the wrong-size unit or
accessible unit by the expiration of the term of the family’s voucher, the PHA must remove
the unit from the HAP contract.
If the PHA offers the family another form of assistance that is not a tenant-based voucher, the
PHA must terminate the housing assistance payments for the wrong-sized or accessible unit
and remove the unit from the HAP contract when:
The PHA has offered PBV assistance or other project-based assistance in an
appropriately sized unit, and the family does not accept the offer, does not move out of
the PBV unit within a reasonable time as determined by the PHA (not to exceed 90 days);
or
The PHA has offered other comparable tenant-based rental assistance, the family either
accepts or does not accept the offer but does not move out of the PBV unit within a
reasonable time as determined by the PHA (not to exceed 90 days).
In either of the above situations, the family may request, and the PHA may grant, one
extension not to exceed up to an additional 90 days to accommodate the family’s efforts
to locate affordable, safe, and geographically proximate replacement housing.
The PHA must terminate the housing assistance payments for the wrong-sized or
accessible unit and remove the unit from the HAP contract when the PHA has offered
PBV assistance or other project-based assistance in an appropriately sized unit, and the
family accepts the offer but does not move out of the PBV unit within a reasonable time as
determined by the PHA (not to exceed 90 days). No extensions may be granted in this
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case. The PHA may reinstate a unit removed unit to the HAP contract after the family
vacates the property, in accordance with 24 CFR 983.207(b).
PHA Policy
When the PHA offers a family another form of assistance that is not a tenant-based
voucher, the family will be given 90 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 90-day time
frame, the PHA will terminate the housing assistance payments at the expiration of this
90-day period.
Except in the case of an offer by the PHA of PBV assistance or other project-based
housing assistance in an appropriate size unit, the family accepts the offer but does
not move out, the PHA 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 to accommodate the family’s efforts to locate
affordable, safe, and geographically proximate replacement housing. The family must
make such a request in writing prior to the end of the 90-day period. The PHA will only
grant one extension, which will not exceed an additional 90 days.
Family Right to Move [24 CFR 983.261]
The family may terminate the lease at any time after one year of PBV assistance. The family
must give advance written notice to the owner in accordance with the lease and provide a
copy of such notice to the PHA. The right to request a move with tenant-based assistance
does not expire, and the family may request a move at any time after the one-year period has
expired.
CHOICE MOBILITY [NOTICE PIH 2019-23; PRRAC CHOICE MOBILITY IMPLEMENTATION
GUIDANCE, 8/20]
Family’s Right to Choice Mobility
Under RAD PBV, the choice mobility option provides families with the opportunity to move
with continued assistance any time after 12 months of occupancy. All residents in converted
properties should be aware of their housing mobility rights and of their options in a range of
neighborhoods.
PHA Policy
To ensure that residents are fully aware of and understand their rights under choice
mobility, the PHA will inform families of their rights under the choice mobility option
and the benefits to moving to lower poverty areas, and provide a summary of the steps
necessary to exercise this option, at the time the family signs the lease for the RAD
PBV unit and during their annual recertification.
Information on choice mobility will be made be accessible to persons with disabilities,
ensuring any information, electronic or otherwise, is accessible for persons with vision,
hearing, and other disabilities. This information will also be made available in
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accordance with Limited English Proficiency (LEP) requirements, including document
translation and user of interpretation services. See Chapter 2 for a more thorough
discussion of accessibility and LEP requirements.
Moving with Continued Assistance under Choice Mobility
If the family wishes to move with continued tenant-based assistance under choice mobility,
the family must contact the PHA to request the rental assistance prior to providing notice to
terminate the lease. If the family terminates the lease in accordance with lease requirements,
the PHA is required to offer the family the opportunity for continued tenant-based assistance,
in the form of a voucher or other comparable tenant-based rental assistance. The PHA must
specify in the administrative plan whether it will offer families assistance under the voucher
program or other comparable tenant-based rental assistance. If voucher assistance is offered
to the family and the search term expires, the PHA must issue the voucher to the next eligible
family before issuing another voucher to the family that requested to move. If a voucher or
other comparable tenant-based assistance is not immediately available at the time of the
family’s request to the PHA, the PHA must give the family priority to receive the next
available opportunity for continued tenant-based assistance. The PHA must describe in its
administrative plan its policies and procedures for how the family must contact the PHA and
how the PHA documents families waiting for continued tenant-based rental assistance.
Families are eligible to move with continued assistance under choice mobility after 12 months
of occupancy. If the family terminates the assisted lease beforeone year of PBV assistance,
the family relinquishes the opportunity for continued tenant-based assistance.
PHA Policy
Except for families seeking protection under VAWA, prior to providing notice to the
owner to terminate the lease, the family may submit a written request to the PHA for a
choice mobility voucher at any time after completing the 12-month occupancy
requirement. The PHA will process the request within 10 business days of receiving
the family’s request. The PHA will verify that the family has met the 12-month
occupancy requirement. No additional screening will be performed.
If the request is approved by the PHA, the family will receive the next available tenant-
based voucher.
If a tenant-based voucher is not immediately available, the PHA will maintain a
combined, agency-wide waiting list for all standard PBV and RAD PBV families
wishing to exercise mobility after one year of tenancy. This list will be maintained
separately from the tenant-based HCV list. Families on the choice mobility waiting list
will be given priority over families on the tenant-based waiting list. The choice mobility
waiting list will be organized by date and time of the family’s written request to exercise
choice mobility. The list will also identify whether families live in standard or RAD PBV
units. A RAD resident does not have priority for tenant-based assistance over a non-
RAD PBV resident and vice versa. Once a family is placed on the list, the PHA will
send the family an acknowledgement of receipt of their request and successful
placement on the list. If a family requests a tenant-based voucher and then is unable
or unwilling to move once the PHA offers the family a tenant-based voucher, the
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family’s name will be removed from the list. The family may resubmit a new request to
move at any time.
The PHA will not subject RAD PBV families applying for choice mobility vouchers to
any additional rescreening requirements in order to receive a tenant-based voucher.
While the family will not be required to attend a standard HCV briefing in order to
receive a voucher, the PHA will promptly schedule a meeting with each family at the
time of voucher issuance.
Families exercising choice mobility will not be required to vacate their units before a
lease has been entered into using their tenant-based voucher so long as the resident
has not yet provided notice to vacate to the owner. At the time the PHA issues a
choice mobility voucher, the PHA will notify the family of their right to remain in their
unit if they are unable find a rental unit using the tenant-based voucher. If family’s
search term (and any extensions) expires, the PHA must issue the voucher to the next
eligible family. The family’s name will be removed from the priority list, and the family
will be able to resubmit a request at a later time.
Turnover Cap
If as a result of RAD, the total number of PBV units (including RAD PBV units) administered
by the PHA exceeds 20 percent of the PHA’s authorized units under its HCV ACC with HUD,
the PHA may establish a turnover cap. The PHA is not required to provide more than three-
quarters of its turnover vouchers in any single year to the residents of covered projects. If the
PHA chooses to establish a turnover cap and the cap is implemented, the PHA must create
and maintain a waiting list in the order requests from eligible households were received.
PHA Policy
As a result of RAD, the total number of PBV units (including RAD PBV units)
administered by the PHA exceeds 20 percent of the PHA’s authorized units under its
HCV ACC with HUD. Therefore, the PHA will establish a choice mobility cap. The PHA
will not provide more than three-quarters of its turnover vouchers in a single year to
residents of covered projects.
Families who requested a choice mobility voucher and are denied due to the cap will
be given priority the following year when choice mobility vouchers are again issued
since the choice mobility list will be organized by the date and time of the family’s
request.
Emergency Transfers under VAWA [24 CFR 983.261(f) and (g)]
In the case of a move due to domestic violence, dating violence, sexual assault, stalking, or
human trafficking, PHAs must describe policies for facilitating emergency transfers for
families with PBV assistance in their Emergency Transfer Plan, including when a victim has
been living in a unit for less than a year or when a victim seeks to move sooner than a tenant-
based voucher is available.When the family or a member of the family is or has been the
victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking,
and the move is needed to protect the health or safety of the family or family member, the
family is not required to give the owner advance written notice or contact the PHA before
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moving from the unit. Additionally, when any family member has been the victim of a sexual
assault that occurred on the premises during the 90-calendar-day period preceding the
family’s request to move, the family is not required to give the owner advance written notice
or contact the PHA before moving from the unit. A PHA may not terminate the assistance of a
family due to a move occurring under these circumstances and must offer the family the
opportunity for continued tenant-based assistance if the family had received at least one year
of PBV assistance prior to moving.
If a family break-up results from an occurrence of domestic violence, dating violence, sexual
assault, stalking, or human trafficking, the PHA must ensure that the victim retains
assistance.
PHA Policy
Except where special consideration is needed for the project-based voucher program,
the PHA will follow VAWA policies as outlined in Chapter 16 Part IX of this
administrative plan, including using the Emergency Transfer Plan as the basis for PBV
transfers under VAWA (Exhibit 16-4).
When the victim of domestic violence, dating violence, sexual assault, stalking, or
human trafficking has lived in the unit for less than one year, the PHA will provide
several options for continued assistance.
The PHA will first try to transfer the participant to another PBV unit in the same
development or transfer to a different development where the PHA has PBV units. The
PHA will expedite the administrative processes in this case in an effort to conduct the
transfer as quickly as possible. If assistance is transferred to another development, the
PHA will give priority to the participant on the other development’s waiting list.
If no units are available for an internal transfer to a PBV development or if there is
reasonable cause to believe that such a transfer would put the victim in jeopardy, the
participant may receive continued assistance through an external transfer to either
tenant-based rental assistance (HCV) or assistance in the PHA’s public housing
program. Such a decision will be made by the PHA based on the availability of tenant-
based vouchers and/or vacancies in public housing units. Such families must be
selected from the waiting list for the applicable program. The PHA has adopted a
waiting list preference for victims of domestic violence, dating violence, sexual assault,
stalking, and human trafficking in both its HCV and public housing programs in order to
expedite this process. See Section 4-III.C. of this administrative plan.
If a victim wishes to move after a year of occupancy in the unit, but no tenant-based
vouchers are available, the PHA will offer the participant an internal transfer to another
PBV unit in the same development or a transfer to a different development where the
PHA has PBV units. The PHA will expedite the administrative processes in this case in
an effort to conduct the transfer as quickly as possible.
If no units are available for an internal transfer, or if there is reasonable cause to
believe that such a transfer would put the victim in jeopardy, the participant may
requestan external emergency transfer to the PHA’s public housing program for which
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they are required to apply. The PHA has adopted a waiting list preference for victims
of domestic violence, dating violence, sexual assault, stalking, and human trafficking
as part of the public housing ACOP in order to expedite this process.
18-VI.F. REEXAMINATIONS [RAD PBV QUICK REFERENCE GUIDE 6/20]
A family living in a unit converted from public housing to RAD PBV may retain its certification
date. Unless a family’s annual reexamination is due at the same time as the effective date of
the RAD PBV HAP contract, the PHA does not need to recertify tenants at the point of
conversion. For each family residing in a unit undergoing conversion of assistance under
RAD, the administering PHA will have to submit a form HUD-50058 reflecting the family’s
admission to the voucher program. The effective date of the new admission will be the same
as the effective date of the RAD PBV HAP contract. The form should include the same
information previously found on the public housing form 50058, including the next annual
reexamination date.
18-VI.G. RESIDENTS’ PROCEDURAL RIGHTS [NOTICE PIH 2019-23]
HUD is incorporating additional termination notification requirements for public housing
projects that convert assistance under RAD to PBV and to non-RAD PBV units located in the
same project beyond those for the standard PBV program. In addition to the regulations at 24
CFR 983.257 related to owner termination of tenancy and eviction (which MTW agencies
may not alter), the termination procedure for RAD conversions to PBV requires that PHAs
provide adequate written notice of termination of the lease, which is:
A reasonable period of time, but not to exceed 30 days:
-
If the health or safety of other tenants, project owner employees, or persons residing in
the immediate vicinity of the premises is threatened; or
-
In the event of any drug-related or violent criminal activity or any felony conviction.
Not less than 14 days in the case of nonpayment of rent
Not less than 30 days in any other case, except that if a state or local law provides for a shorter
period of time, such shorter period will apply
18-VI.H. INFORMAL REVIEWS AND HEARINGS [NOTICE PIH 2019-23]
In addition to reasons for an informal hearing listed at 24 CFR 982.555(a)(1)(i)–(v) (See
16-III.C. Informal Hearings for Participants), an opportunity for an informal hearing must be
given to residents for any dispute that a resident may have with respect to an owner action in
accordance with the individual’s lease or the contract administrator in accordance with RAD
PBV requirements that adversely affect the resident’s rights, obligations, welfare, or status.
For any hearing required under 24 CFR 982.555(a)(1)(i)–(v), the contract administrator will
perform the hearing in accordance with Chapter 16 Part III: Informal Reviews and
Hearings, as is the current standard in the program.
For any additional hearings required under RAD, the PHA (as owner) will perform
the hearing.
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An informal hearing will not be required for class grievances or for disputes between
residents not involving the PHA (as owner) or contract administrator. This hearing
requirement does not apply to and is not intended as a forum for initiating or negotiating
policy changes between a group or groups of residents and the PHA (as owner) or contract
administrator.
The owner must give residents notice of their ability to request an informal hearing as
outlined in 24 CFR 982.555(c)(1) for informal hearings that will address circumstances that
fall outside of the scope of 24 CFR 982.555(a)(1)(i)–(v). (See Chapter 16)
The owner must provide an opportunity for an informal hearing before an eviction.
PART VII: DETERMINING CONTRACT RENT
18-VII.A. INITIAL CONTRACT RENTS [NOTICE PIH 2019-23]
RAD conversions are intended to be cost-neutral, and therefore, should not exceed current
public housing funding as adjusted for unit size. Since public housing units do not currently
have contract rents, HUD provides an estimate of current contract rents for each PHA’s
public housing units based on current funding as adjusted by bedroom size. Current funding
includes operating subsidy, tenant rents, capital funds, replacement housing factor funds
(RHF), and demolition disposition transitional funding (DDTF). The funding may limit the
amount of initial rent for a property. A detailed explanation of the determination of current
funding may be found in Attachment 1C of Notice PIH 2019-23. Once the current funding
amount is calculated, the amount is adjusted by bedroom size to determine the current
funding rent. HUD uses the same bedroom adjustment factors as in the metropolitan FMR
schedules where the project is located.
PHAs may adjust subsidy (and contract rents) across multiple projects as long as the PHA
does not exceed the aggregate subsidy for all of the projects the PHA has submitted for
conversion under RAD.
Notwithstanding HUD’s calculation of the initial contract rent based on the project’s subsidy
under the public housing program and any modifications made to the initial contact rent, the
initial rents are set at the lower of:
An amount determined by the PHA in accordance with the administrative plan, not to exceed
110 percent of the fair market rent (FMR) (or amount of any applicable exception payment
standard), or the alternate rent cap in a PHA’s MTW agreement minus any utility
allowance
The reasonable rent
The rent requested by the owner
18-VII.B. ADJUSTING CONTRACT RENTS [NOTICE PIH 2019-23; RAD PBV QUICK REFERENCE
GUIDE 6/20; PHA ASSET REPOSITIONING “HOW TO APPLY OCAF FOR RAD PBV”
18-48
WEBINAR]
RAD PBV contract rents are adjusted differently than contract rents in the standard PBV
program. At each annual anniversary of the HAP contract, contract rents will be adjusted only
by HUD’s operating cost adjustment factor (OCAF) that is applied to the current contract rent,
less the portion of the rent paid for debt service, subject to the availability of appropriations
for each year of the contract term. As such, section 8(o)(13)(I) of the 1937 Act, and 24 CFR
983.301 and 983.302, concerning rent determinations, do not apply when adjusting rents.
The rent to owner may at no time exceed the reasonable rent charged for comparable
unassisted units in the private market, as determined by the contract administrator in
accordance with 24 CFR 983.303.
Contract rents may not exceed the reasonable rent (as determined by the PHA that
administers the contract or the independent entity, as applicable), with the exception that the
contract rent for each unit may not be reduced below the initial contract rent under the initial
HAP contract.
However, the rent to owner may fall below the initial contract rent in the following situations:
To correct errors in calculations in accordance with HUD requirements
If additional housing assistance has been combined with PBV assistance after the execution
of the initial HAP contract and a rent decrease is required pursuant to 983.55 (prohibition
of excess public assistance)
If a decrease in rent to owner is required based on changes in the allocation of responsibility
for utilities between the owner and the tenant
The contract rent adjustment will be the lesser of:
The current contract rent increased by the operating cost adjustment factor (OCAF), which is
published annually in the Federal Register; or
The reasonable rent
The administering PHA (or independent entity, if the project is PHA-owned) is responsible for
processing rent adjustments at each contract anniversary date in accordance with the
prevailing OCAF. The PHA who administers the contract (directly or via an independent
entity) must maintain records to demonstrate how OCAF amounts were determined and how
rent adjustments were calculated. HUD approval of rent adjustments is not required.
Properties are eligible to receive prior years’ OCAF adjustments for years in which the OCAF
was not taken. The OCAF must be applied retroactively if it was missed. The PHA
administering the contract (or the independent entity) must make sure that all OCAFs have
been applied correctly since the RAD closing and calculate the current rents accordingly,
including making sure that the RAD PBV contract rents do not exceed the PBV program
caps.
PHA Policy
The owner will request a contract rent adjustment from the PHA who administers the
contract within 120 days, but no less than 60 days, prior to the HAP contract
anniversary date by submitting a completed OCAF rent adjustment worksheet (Form
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HUD-9624). The independent entity will validate the data on the form and determine
whether the rent exceeds the reasonable rent charged for comparable unassisted
units in the private market, in accordance with 24 CFR 983.303. If rents would be
unreasonable following application of the requested OCAF, then the rent will only be
increased up to the reasonable rent. The independent entity will notify the PHA who
administers the contract in writing of the results of its review of the rent adjustment
request. The PHA who administers the contract will retain a copy of the worksheet and
any other records necessary to demonstrate how the OCAF was used to make rent
adjustments for audit purposes. The approved rent adjustment will go into effect via
written notice from the PHA that administers the project to the owner. This notice will
constitute an amendment to the rents specified on Exhibit A of the RAD PBV HAP
contract. The new rents to owner will take effect on the date of the contract
anniversary.
Rent Decrease
Rents must not be reduced below the initial rent except to correct errors, for additional
subsidy to the property, or to realign utility responsibilities.
18-VII.C. UTILITY ALLOWANCES [NOTICE PIH 2019-23; RAD PBV QUICK REFERENCE
GUIDE 6/20]
When contract rent amounts are set initially, the amount does not include a utility allowance.
In general, the utility allowances that are used on the initial HAP contract at closing are the
public housing utility allowances that are in effect prior to conversion. The CHAP must be
updated prior to conversion to reflect current public housing utility allowances. At its
discretion, a PHA may use the FMRs and utility allowances in effect during the 30-day period
immediately before the beginning date of the HAP contract.
After conversion, the PHA that administers the contract must maintain the utility allowance
schedule. The PHA may either maintain a utility allowance schedule for tenant-paid utilities in
accordance with standard PBV and HCV utility allowance regulations at 24 CFR
983.301(f)(2)(ii) and 24 CFR 982.517, respectively, or the PHA may instead apply site-
specific utility allowances. HUD waived the requirement for the standard PBV program that
the HCV utility allowance be used. If a site-specific utility allowance is used, the utility
allowance is applicable to non-RAD PBV units in the project and is calculated consistent with
Notice H 2015-04.
Each family transitions to the new utility allowance at their first recertification following
conversion.
PHA Policy
The PHA will use the HCV utility allowance schedule for the RAD PBV developments.
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18-VII.D. REASONABLE RENT [983.301(D) AND 24 CFR 983.303]
At the time the initial rent is established and all times during the term of the HAP contract, the
rent to owner for a contract unit may not exceed the reasonable rent for the unit as
determined by the PHA, except rents must not be reduced below the initial rent except to
correct errors, for additional subsidy to the property, or to realign utility responsibilities.
How to Determine Reasonable Rent [24 CFR 983.303(c)]
The reasonable rent of a unit receiving PBV assistance must be determined by comparison to
rent for other comparable unassisted units. When making this determination, the PHA must
consider factors that affect market rent. Such factors include the location, quality, size, type
and age of the unit, as well as the amenities, housing services maintenance, and utilities to
be provided by the owner. The reasonable rent determination must be based on the condition
of the assisted unit at the time of the determination and not on anticipated future unit
conditions.
Comparability Analysis [24 CFR 983.303(d)]
For each unit, the comparability analysis must use at least three comparable units in the
private unassisted market. This may include units in the premises or project that is receiving
project-based assistance. The analysis must show how the reasonable rent was determined,
including major differences between the contract units and comparable unassisted units, and
must be retained by the PHA. The comparability analysis may be performed by PHA staff or
by another qualified person or entity. Those who conduct these analyses or are involved in
determining the housing assistance payment based on the analyses may not have any direct
or indirect interest in the property.
PHA-Owned Units [24 CFR 983.303(f)]
For PHA-owned units, the amount of the reasonable rent must be determined by an
independent entity approved by HUD in accordance with PBV program requirements. The
independent entity must provide a copy of the determination of reasonable rent for PHA-
owned units to the PHA.
PART VIII: PAYMENTS TO OWNER
18-VIII.A. HOUSING ASSISTANCE PAYMENTS
During the term of the HAP contract, the PHA must make housing assistance payments to
the owner in accordance with the terms of the HAP contract. During the term of the HAP
contract, payments must be made for each month that a contract unit complies with HQS and
is leased to and occupied by an eligible family. The housing assistance payment must be
paid to the owner on or about the first day of the month for which payment is due, unless the
owner and the PHA agree on a later date.
Except for discretionary vacancy payments, the PHA may not make any housing assistance
payment to the owner for any month after the month when the family moves out of the unit
(even if household goods or property are left in the unit).
18-51
The amount of the housing assistance payment by the PHA is the rent to owner minus the
tenant rent (total tenant payment minus the utility allowance).
In order to receive housing assistance payments, the owner must comply with all provisions
of the HAP contract. Unless the owner complies with all provisions of the HAP contract, the
owner does not have a right to receive housing assistance payments.
18-VIII.B. VACANCY PAYMENTS [24 CFR 983.352]
Payment at Move-Out Month [24 CFR 983.352(a)]
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 PHA determines that the vacancy is the owner’s fault.
PHA Policy
If the PHA determines that the owner is responsible for a vacancy and as a result is
not entitled to the keep the housing assistance payment, the PHA will notify the owner
of the amount of housing assistance payment that the owner must repay. The PHA will
require the owner to repay the amount owed in accordance with the policies in
Section 16-IV.B.
Vacancy Payments
At the discretion of the PHA, the HAP contract may provide for vacancy payments to the
owner for a PHA-determined period of vacancy extending from the beginning of the first
calendar month after the move-out month for a period not exceeding two full months following
the move-out month. The PHA must include in its administrative plan the PHA’s policy on the
conditions under which it will allow vacancy payments in a HAP contract, the duration of the
payments, amount of vacancy payments it will make to an owner, and the required form and
manner of requests for vacancy payments.
PHA Policy
The PHA will decide on a case-by-case basis if the PHA 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.
The PHA may only make vacancy payments if:
The owner gives the PHA prompt, written notice certifying that the family has vacated the
unit and identifies the date when the family moved out (to the best of the owner’s knowledge
and belief);
The owner certifies that the vacancy is not the fault of the owner and that the unit was
vacant during the period for which payment is claimed;
The owner certifies that it has taken every reasonable action to minimize the likelihood
and length of vacancy; and
18-52
The owner provides any additional information required and requested by the PHA to
verify that the owner is entitled to the vacancy payment.
The owner must submit a request for vacancy payments in the form and manner required by
the PHA and must provide any information or substantiation required by the PHA to
determine the amount of any vacancy payment.
The vacancy payment to the owner for each month of the maximum two-month period is
determined by the PHA and cannot exceed the monthly rent to owner under the assisted
lease, minus any portion of the rental payment received by the owner (including amounts
available from the tenant’s security deposit). Any vacancy payment may cover only the period
the unit remains vacant.
PHA Policy
If the HAP contract calls for vacancy payments to be made, and the owner wishes to
receive vacancy payments, the owner must have properly notified the PHA of the
vacancy in accordance with the policy in Section 18-V.G. regarding filling vacancies.
In order for a vacancy payment request to be considered, it must be made in writing
(including via email) 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 PHA may require the owner to provide documentation to
support the request. If the owner does not provide the information requested by the
PHA within 10 business days of the PHA’s request, no vacancy payments will be
made.
If vacancy payments are made, the PHA will make vacancy payments for the period of
vacancy extending from the beginning of the first calendar month after the move-out
month for a period not exceeding two full months following the move-out month. The
amount of the vacancy payment will not exceed the monthly rent to owner under the
assisted lease, minus any portion of the rental payment received by the owner
(including amounts available from the tenant’s security deposit). Any vacancy payment
will cover only the period the unit remains vacant.
18-53
18-VIII.C. TENANT RENT TO OWNER [24 CFR 983.353; NOTICE PIH 2019-23]
The tenant rent is the portion of the rent to owner paid by the family. The amount of tenant
rent is determined by the PHA in accordance with HUD requirements. Any changes in the
amount of tenant rent will be effective on the date stated in the PHA notice to the family and
owner.
The family is responsible for paying the tenant rent (total tenant payment minus the utility
allowance). The amount of the tenant rent determined by the PHA is the maximum amount
the owner may charge the family for rental of a contract unit. The tenant rent covers all
housing services, maintenance, equipment, and utilities to be provided by the owner. The
owner may not demand or accept any rent payment from the tenant in excess of the tenant
rent as determined by the PHA. The owner must immediately return any excess payment to
the tenant.
Initial Certifications [Notice PIH 2019-23]
For the initial certification, the PHA will use the family’s public housing tenant rent (reflected
on line 10f of the family’s most recent 50058) at the date of conversion to calculate HAP and
tenant rent for the PBV program. The PHA will use this amount until the effective date of the
earlier of the family’s first regular or interim recertification following the conversion. At that
point, the PHA will use the family’s TTP based on the recertification and the applicable utility
allowance (HCV or RAD PBV site-based, as applicable) to determine PBV HAP and tenant
rent. Any non-RAD PBV units located in the same project are subject to the same
requirements.
Tenant and PHA Responsibilities
The family is not responsible for the portion of rent to owner that is covered by the housing
assistance payment and the owner may not terminate the tenancy of an assisted family for
nonpayment by the PHA.
Likewise, the PHA is responsible only for making the housing assistance payment to the
owner in accordance with the HAP contract. The PHA is not responsible for paying tenant
rent, or any other claim by the owner, including damage to the unit. The PHA may not use
housing assistance payments or other program funds (including administrative fee reserves)
to pay any part of the tenant rent or other claim by the owner.
Utility Reimbursements [24 CFR 983.353(d)]
If the amount of the utility allowance exceeds the total tenant payment, the PHA must pay the
amount of such excess to the tenant as a reimbursement for tenant-paid utilities, and the
tenant rent to the owner must be zero.
The PHA must describe in its administrative plan its policies on paying the utility
reimbursement directly to the family or directly to the utility supplier. The PHA may pay the
utility reimbursement directly to the family or to the utility supplier on behalf of the family. If
the PHA chooses to pay the utility supplier directly, the PHA must notify the family of the
amount paid to the utility supplier.
18-54
PHA Policy
The PHA will make utility reimbursements directly to the family.
18-55
18-VIII.D. PHASE-IN OF TENANT RENT INCREASES [NOTICE PIH 2019-23; PHA ASSET
REPOSITIONING “PHASE-IN OF TENANT RENTS” WEBINAR]
For in-place tenants, if the amount the tenant would pay for rent and utilities (TTP) would
increase by more than the greater of 10 percent or $25 purely as a result of conversion, the
rent increase will be phased in over three years. To implement this provision, HUD is waiving
section 3(a)(1) of the 1937 Act, as well as 24 CFR 983.3 (definition of total tenant payment
(TTP)) only to the extent necessary to allow for the phase-in of tenant rent increases. For
families who were on EID at the time of conversion to RAD PBV, upon the expiration of the
EID, the rent adjustment is not subject to rent phase-in.
The PHA must communicate this policy in writing to affected residents. Any non-RAD PBV
units located in the same covered project are subject to the terms of the phase-in provisions.
PHA Policy
The PHA will use the family’s public housing tenant rent (reflected on line 10f of the
family’s most recent 50058) at the date of conversion to calculate the family’s tenant
rent in PBV. The PHA will implement a three-year phase-in for in-place families whose
TTP increases by more than the greater of 10 percent or $25 purely as a result of the
conversion as follows:
Year 1: Any recertification (interim or annual) performed prior to the second
annual recertification after conversion: 33 percent of the difference between the
most recently paid TTP and the currently calculated PBV TTP. (If the family was
paying flat rent immediately prior to conversion, the PHA will use the flat rent
amount to calculate the phase-in for Year 1.)
Year 2: Year 2 annual recertification and any interim recertification: 50 percent
of the difference between the most recently paid TTP and the currently
calculated PBV TTP
Year 3: Year 3 annual recertification and all subsequent recertifications: Full
calculated TTP
Once the standard TTP is equal to or less than the previous TTP, the phase-in ends,
and tenants will pay full TTP from that point forward.
If the family’s income falls during the phase-in period such that the currently calculated
PBV TTP falls below the amount that would otherwise be the phased-in rent, the family
pays the currently calculated PBV TTP and the phase-in ends.
The PHA will communicate the PHA’s phase-in policy in writing to the family at the time
the PHA first determines that the family qualifies for a rent phase-in.
Any non-RAD PBV units located in the same project are also subject to rent phase-in
requirements.
18.VIII.E. OTHER FEES AND CHARGES [24 CFR 983.354]
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Meals and Supportive Services
With the exception of PBV assistance in assisted living developments, the owner may not
require the tenant to pay charges for meals or supportive services. Non-payment of such
charges is not grounds for termination of tenancy.
In assisted living developments receiving PBV assistance, the owner may charge for meals
or supportive services. These charges may not be included in the rent to owner, nor may the
value of meals and supportive services be included in the calculation of the reasonable rent.
However, non-payment of such charges is grounds for termination of the lease by the owner
in an assisted living development.
Other Charges by Owner
The owner may not charge extra amounts for items customarily included in rent in the locality
or provided at no additional cost to unsubsidized tenants in the premises.
18-57
18-58
EXHIBIT 18-1: PBV DEVELOPMENT INFORMATION (Fill out one for each development)
Date: [Enter the date on which this form was completed]
DEVELOPMENT INFORMATION
Development Name: [Insert name of PBV development]
Address: [Insert full address of PBV development]
Owner Information: [Insert PBV development owner name and contact information. If
development is PHA-owned, enter “PHA-owned.”]
Property Management Company: [Insert property management company name and contact
information, or enter “None”]
PHA-Owned: [Enter “Yes” or “No.” If yes, enter name of independent entity.]
Mixed-Finance Development: [Enter “Yes” or “No.” If yes, list other types of funding and
units to which other funding applies.]
HAP CONTRACT
Closing Date: [Enter closing date of RAD conversion]
List Which RAD Notice Applies to the Project: [Enter “PIH 2012-32, REV-2,” “PIH 2012-
32, REV-3,” or “PIH 2019-23”]
Effective Date of Contract: [Enter start date of HAP contract]
HOTMA Requirements: [If HAP contract was signed prior to April 18, 2017, enter “Pre-
HOTMA.” If HAP contract was signed on or after April 18, 2017, enter “Post-HOTMA.”]
Term of HAP Contract: [Enter term from HAP contract]
Expiration Date of Contract: [Enter expiration date from HAP contract]
PBV UNITS
0 BR
1 BR
2 BR
3 BR
4 BR
5 BR
Total
# of
Units
Initial
Contract
Rent
$
$
$
$
$
$
Unit Designation: [Enter “Fixed” or “Floating”]
Accessible Units and Features: [Identify which units are accessible and describe
accessibility features or enter “None”]
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Target Population: [Describe targeted population in accordance with HAP contract or enter
“None”]
Excepted Units (Notice PIH 2012-32, REV-2 Developments Only): [Identify excepted unit
types below or enter “None”]
Supportive Services: [Enter “Yes, see Exhibit D of HAP contract” or enter “No”]
Elderly Units: [Enter “Yes” or “No.” If yes, identify which units are elderly units.]
Disabled Units [Enter “Yes” or “No.” If yes, identify which units are for persons with
disabilities.]
WAITING LIST AND SELECTION
Waiting List Type: [Enter “Site-based waiting list,” “Combined with HCV,” “Waiting list for
entire PBV program,” or “Merged with another assisted housing program”]
Preferences: [Enter “Same as HCV; see Chapter 4” or describe preferences offered. If
different from HCV, note in Section 18.1.C. of this policy.]
Preference Verification: [Enter “Same as HCV; see Chapter 7” or describe for each
preference listed above. If different from HCV, note in Section 18.1.C. of this policy.]
For the PBV program, is the income limit the same as the HCV program? (Note: In
mixed-finance developments, other income limits may also apply.) [Enter “Same as HCV; see
Chapter 3” or clearly describe]
OCCUPANCY
Subsidy Standards: [Enter “Same as HCV; see Chapter 5” or describe. If different from
HCV, note in Section 18.1.C. of this policy.]
Utilities: [Enter in accordance with HAP contract Exhibit C]
Vacancy Payments: [Enter in accordance with HAP contract Part 1, e, 2 and Section 18-
IV.F. within this chapter]
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CHAPTER 19
SPECIAL PURPOSE VOUCHERS
INTRODUCTION
Special purpose vouchers are specifically funded by Congress in separate appropriations
from regular HCV program funding in order to target specific populations. Special purpose
vouchers include vouchers for the following programs:
Family Unification Program (FUP)
Foster Youth to Independence (FYI) program
Veterans Affairs Supportive Housing (VASH)
Mainstream
Non-Elderly Disabled (NED)
Stability Voucher program
PHA Policy
COCHRD will administer the following types of special purpose vouchers: Emergency
Housing Vouchers (EHV) and Veterans Affairs Supportive Housing (VASH)
This chapter describes HUD regulations and PHA policies for administering special purpose
vouchers. The policies outlined in this chapter are organized into two sections, as follows:
Part I: Emergency Housing Voucher (EHV)
Part II: Project Based Voucher (PBV)
Except as addressed by this chapter and as required under federal statute and HUD
requirements, the general requirements of the HCV program apply to special purpose
vouchers.
.
Part I
EMERGENCY HOUSING VOUCHERS
Temporary Policy Supplement
Introduction
19-2
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARP) (P.L. 117-
2). Section 3202 of the ARP appropriated $5 billion for the creation, administration, and renewal of new
incremental emergency housing vouchers (EHVs) and other eligible expenses related to COVID-19.
On May 5, 2021, HUD issued Notice PIH 2021-15, which d escribed HUD’s process for allocating
approximately 70,000 EHVs to eligible PHAs and set forth the operating requirements for PHAs who
administer them. Based on criteria outlined in the notice, HUD notified eligible PHAs of the number of
EHVs allocated to their agency, and PHAs were able to accept or decline the invitation to participate in
the program.
PHAs may not project-base EHVs; EHVs are exclusively tenant-based assistance.
All applicable nondiscrimination and equal opportunity requirements apply to the EHV program,
including requirements that the PHA grant reasonable accommodations to persons with disabilities,
effectively communicate with persons with disabilities, and ensure meaningful access for persons with
limited English proficiency (LEP).
This chapter describes HUD regulations and PHA policies for administering EHVs. The policies outlined
in this chapter are organized into seven sections, as follows:
Funding
Partnering Agencies
Waiting List Management
Family Eligibility
Housing Search and Leasing
Use of Funds, Reporting, and Financial Records
Except as addressed by this chapter and as required under federal statute and HUD
requirements, the general requirements of the HCV program apply toEHV’s.
PART I: FUNDING
-I.A. FUNDING OVERVIEW
The American Rescue Plan Act of 2021 (ARP) provides administrative fees and funding for the costs of
administering emergency housing vouchers (EHVs) and other eligible expenses defined in Notice PIH
2021-15. These fees may only be used for EHV administration and other eligible expenses and must
not be used for or applied to other PHA programs or vouchers. The PHA must maintain separate
financial records from its regular HCV funding for all EHV funding.
Housing Assistance Payments (HAP) Funding
ARP funding obligated to the PHA as housing assistance payments (HAP) funding may only be used
for eligible EHV HAP expenses (i.e., rental assistance payments). EHV HAP funding may not be used
for EHV administrative expenses or for the eligible uses under the EHV services fee.
The initial funding term will expire December 31, 2022. HUD will provide renewal funding to the PHA for
the EHVs on a calendar year (CY) basis commencing with CY 2023. The renewal funding allocation will
be based on the PHA’s actual EHV HAP costs in leasing, similar to the renewal process for the regular
HCV program. EHV renewal funding is not part of the annual HCV renewal funding formula; EHVs are
19-3
renewed separately from the regular HCV program. All renewal funding for the duration of the EHV
program has been appropriated as part of the ARP funding.
Administrative Fee and Funding
The EHV program provides administrative fee funding to PHAs for expenses that are not normally
eligible under the HCV program, as well as fees designated for the cost of administering the EHV
program generally. The following types of fees and funding are allocated as part of the EHV program:
Preliminary fees support immediate start-up costs that the PHA will incur in implementing
alternative requirements under EHV, such as outreach and coordination with partnering agencies:
-
$400 per EHV allocated to the PHA, once the consolidated annual contributions contract
(CACC) is amended.
-
This fee may be used for any eligible administrative expenses related to EHVs. The fee may
also be used to pay for any eligible activities under EHV service fees (TPS-I.B).
Issuing action fees are one-time fees once the voucher is initially leased:
-
$100 for each EHV initially leased, if the PHA reports the voucher issuance date in
Public Housing Information Center–Next Generation (PIC–NG) system within 14 days
of voucher issuance or the date the system becomes available for reporting.
-
Issuing action fees only apply to the initial leasing of the voucher; they are not paid for
family moves or to turnover vouchers.
-
This fee may be used for any eligible administrative expenses related to EHVs.
Placement fees support initial lease-up costs and the added cost and effort required to expedite
leasing of EHVs:
-
$500 for each EHV family placed under a HAP contract effective within four months of the
effective date of the ACC funding increment; or
$250 for each EHV family placed under a HAP contract effective after four months but less
than six months after the effective date of the ACC funding increment.
HUD will determine placement fees in the event of multiple EHV allocations and funding
increment effective dates.
-
Placement fees only apply to the initial leasing of the voucher; they are not paid for family moves
or to turnover vouchers.
-
This fee may be used for any eligible administrative expenses related to EHVs.
Ongoing administrative fees, which are calculated in the same way as the standard HCV program:
-
PHAs are allocated administrative fees using the full column A administrative fee amount for
each EHV under contract as of the first day of each month.
-
Ongoing EHV administrative fees may be subject to proration in future years, based on available
EHV funding.
-
This fee may be used for any eligible administrative expenses related to EHVs.
Services fees, which are a one-time fee to support PHAs’ efforts to implement and operate an
effective EHV services program in its jurisdiction (TPS-I.B):
-
The fee is allocated once the PHA’s CACC is amended to reflect EHV funding.
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-
The amount allocated is $3,500 for each EHV allocated.
-
This fee may be used for any eligible administrative expenses related to EHV’s.
-I.B. SERVICE FEES
Services fee funding must be initially used for defined eligible uses and not for other administrative
expenses of operating the EHV program. Service fees fall into four categories:
Housing search assistance
Security deposit/utility deposit/rental application/holding fee uses
Owner-related uses
Other eligible uses such as moving expenses or tenant-readiness services
The PHA must establish the eligible uses and the parameters and requirements for service fees in the
PHA’s administrative plan.
PHA Policy
The eligible uses for service fees include with prior approval of PHA:
Housing search assistance, which may include activities such as, but not limited to, helping a
family identify and visit potentially available units during their housing search, helping to find a
unit that meets the household’s disability-related needs, providing transportation and directions,
assisting with the completion of rental applications and PHA forms, and helping to expedite the
EHV leasing process for the family.
Application
fees/non-refundable
administrative
or
processing
fees/refundable
application deposit assistance. The PHA maychoose to assist the family with some or all
these expenses.
Holding fees are fees an owner requests that are rolled into the security deposit after an
application is accepted but before a lease is signed. The PHA may cover part or all the holding
fee for units where the fee is required by the owner after a tenant’s application has been
accepted but before the lease signing. The PHA and owner must agree how the holding fee gets
rolled into the deposit, and under what conditions the fee will be returned to the PHA. In general,
owners need to accept responsibility for making needed repairs to a unit required by the initial
housing inspections and can only keep the holding fee if the client is at fault for not entering into
a lease.
Security deposit assistance. The amount of the security deposit assistance may not exceed
one and a half months’ (1-1/2 months’) of total rent to owner, which is the maximum security
deposit allowed under applicable state and/or law, or the actual security deposit required by the
owner. The PHA will pay the security deposit assistance directly to the owner and will require a
reconciliation of the security deposit once the family vacates the unit.
Utility deposit assistance/utility arrears. The PHA may provide utility deposit assistance for
all of the family’s utility deposit expenses. Assistance can be provided for deposits (including
connection fees) required for the utilities to be supplied by the tenant under the lease. The PHA
will pay the utility deposit assistance directly to the utility company. The PHA will require the
utility supplier or family to return the utility deposit assistance to the PHA at such time the deposit
is returned by the utility supplier (less any amounts retained by the utility supplier). In addition,
some families may have large balances with gas, electric, water, sewer, or trash companies that
will make it difficult, if not impossible, to establish services for tenant-supplied utilities. The PHA
may also provide the family with assistance to help address these utility arrears to facilitate
leasing. Utility deposit assistance returned to the PHA will be used for either services fee eligible
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uses or other EHV administrative costs, as required by HUD.
Owner recruitment and outreach for EHVs. The PHA may use the service fee funding to
conduct owner recruitment and outreach specifically for EHVs. In addition to traditional owner
recruitment and outreach, activities may include conducting pre-inspections or otherwise
expediting the inspection process, providing enhanced customer service, and offering owner
incentive and/or retention payments.
Owner incentive and/or retention payments. The PHA may make incentive or retention
payments to owners that agree to initially lease their unit to an EHV family and/or renew the
lease of an EHV family.
Payments will be made as a single payment at the beginning of the assisted lease term (or lease
renewal if a retention payment). Owner incentive and retentions payments are not housing
assistance payments, are not part of the rent to owner, and are not taken into consideration
when determining whether the rent for the unit is reasonable.
Moving expenses (including move-in fees and deposits). The PHA may provide assistance
forsome or all the family’s reasonable move-in expenses when they initially lease a unit with the
EHV. The PHA will not provide move-in expenses assistance for subsequent moves unless the
family is required to move for reasons other than something the family did or failed to do (e.g.,
the PHA is terminating the HAP contract because the owner did not fulfill the owner
responsibilities under the HAP contract or the owner is refusing to offer the family the opportunity
to continue the family’s tenancy with either a new lease or a month-to-month agreement after
the initial lease term, as opposed to the family choosing to terminate the tenancy in order to
move to another unit), or a family has to move due to domestic violence, dating violence, sexual
assault, or stalking.
Tenant-readiness services. The PHA may use fees to help create a customized plan to
address or mitigate barriers that individual families may face in renting a unit with an EHV, such
as negative credit, lack of credit, negative rental or utility history, or to connect the family to other
community resources (including COVID-related resources) that can assist with rental arrears.
Essential household items. The PHA may use services fee funding to assist the family with
some or all the costs of acquiring essential household items such as tableware, cooking
equipment, beds or bedding, and essential sanitary products such as soap and toiletries.
Renter’s insurance if required by the lease. The PHA may choose to assist the family with
some or all this cost.
Any services fee assistance that is returned to the PHA after its initial or subsequent use may only be
applied to the eligible services fee uses defined in Notice PIH 2021-15 (or subsequent notice) or other
EHV administrative costs. Any amounts not expended for these eligible uses when the PHA’s EHV
program ends must be remitted to HUD.
PART II: PARTNERING AGENCIES
1-II.A. CONTINUUM OF CARE (COC)
PHAs that accept an allocation of EHVs must work with community partners to determine the
best use and targeting for EHVs along with other resources available in the community. PHAs
are required to enter a Memorandum of Understanding (MOU) with the Continuum of Care (CoC) to
establish a partnership for the administration of EHVs.
PHA Policy
The PHA has entered into an MOU with Phoenix/Mesa Maricopa County Continuum of
Care (“CoC”). See Exhibit TPS-1 for a copy of the MOU.
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19-II.B. OTHER PARTNERING ORGANIZATIONS
The PHA may, but is not required to, partner with other organizations trusted by persons experiencing
homelessness, such as victim services providers (VSPs) and other community partners. If the PHA
chooses to partner with such agencies, the PHA must either enter into an MOU with the partnering
agency or the partnering agency may be added to the MOU between the PHA and CoC.
PHA Policy
The PHA works with local organization that assist those experiencing homelessness as
detailed in the MOU between the PHA and CoC. See Exhibit TPS-1 for a copy of the MOU.
19-II.C. REFERRALS
CoC and Partnering Agency Referrals
The primary responsibility of the CoC under the MOU with the PHA is to make direct referrals of
qualifying individuals and families to the PHA. The PHA must generally refer a family that is seeking
EHV assistance directly from the PHA to the CoC or other referring agency for initial intake, assessment,
and possible referral for EHV assistance. Partner CoCs are responsible for determining whether the
family qualifies under one of the four eligibility categories for EHVs. The CoC or other direct referral
partner must provide supporting documentation to the PHA of the referring agency’s verification that the
family meets one of the four eligible categories for EHV assistance.
PHA Policy
The CoC or partnering agency must establish and implement a system to identify EHV-eligible
individuals and families within the agency’s caseload and make referrals to the PHA. The CoC
or other partnering agency must certify that the EHV applicants they refer to the PHA meet at
least one of the four EHV eligibility criteria. The PHA will maintain a copy of the referral or
certification form from the CoC or other partnering agency in the participant’s file along with other
eligibility paperwork. Homeless service providers may, but are not required to, use the
certification form found in Exhibit TPS-2 of this chapter. Victim services providers may, but are
not required to, use the certification form found in Exhibit TPS-3 of this chapter when identifying
eligible families who qualify as victims of human trafficking.
As part of the MOU, the PHA and CoC or other partnering agency will identify staff positions to
serve as lead EHV liaisons. These positions will be responsible for transmission and acceptance
of referrals. The CoC or partnering agency must commit sufficient staff and resources to ensure
eligible individuals and families are identified and determined eligible in a timely manner.
The PHA liaison responsible for acceptance of referrals will contact the CoC or partnering
agency liaison via email indicating the number of vouchers available and requesting an
appropriate number of referrals. No more than five business days from the date the CoC or
partnering agency receives this notification, the CoC or partnering agency liaison will provide the
PHA with a list of eligible referrals including the name, address, and contact phone number for
each adult individual who is being referred; a completed release form for each adult family
member; and a written certification for each referral indicating they are EHV-eligible.
Offers of Assistance with CoC Referral
Referrals for EHVs must come through the CoC’s Coordinated Entry (CE) system. However,the PHA
may make an EHV available without a referral from the CoC or other partnering organization in order to
facilitate an emergency transfer under VAWA in accordance with the PHA’s Emergency Transfer Plan
(ETP) in Chapter 16 (Program Administration, Exhibit 16-3).
The PHA must also take direct referrals from outside the CoC if:
The CoC does not have a sufficient number of eligible families to refer to the PHA; or
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The CoC does not identify families that may be eligible for EHV assistance because they are fleeing,
or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human
trafficking.
In the latter two exceptions, the PHA must enter into a partnership to receive direct referrals from
another entity (e.g., a homeless service provider, VSP, or anti-trafficking service provider if the CE
system is not referring victims fleeing or attempting to flee domestic violence, dating violence, sexual
assault, stalking, or human trafficking). PHAs should work with the CoC to come up with an alternative
referral system that allows for prioritization according to the standards set out in the MOU and the
referring organization and that will transition easily to the CoC’s CE system when it comes online or is
able to begin making referrals.
If at any time the PHA is not receiving enough referrals or is not receiving referrals in a timely manner
from the CoC or other partner referral agencies (or the PHA and CoC cannot identify any such
alternative referral partner agencies), HUD may permit the PHA on a temporary or permanent basis to
take EHV applications directly from applicants and admit eligible families to the EHV program in lieu of
or in addition to direct referrals in those circumstances.
PART III: WAITING LIST MANAGEMENT
19-III.A. HCV WAITING LIST
The regulation that requires the PHA to admit applicants as waiting list admissions or special admissions
in accordance with admission policies in Chapter 4 (Applications, Waiting List, and Tenant Selection)
does not apply to PHAs operating the EHV program. Direct referrals are not added to the PHA’s HCV
waiting list.
The PHA must inform families on the HCV waiting list of the availability of EHVs by, at a minimum, either
by posting the information to their website or providing public notice in their respective communities in
accordance with the requirements listed in Notice PIH 2021-15.
PHA Policy
The PHA will post information about the EHV program for families on the PHA’s HCV waiting list
on their website. The notice will:
Describe the eligible populations to which EHVs are limited: Homeless; at risk of
homelessness; fleeing or attempting to flee, domestic violence, dating violence, stalking,
or human trafficking; or recently homeless and for whom providing rental assistance will
prevent the family’s homelessness or having high risk of housing instability.
Clearly state that the availability of these EHVs is managed through a direct referral
process:
Eligible Referrals. In general, EHV-qualified individuals or families may be
eligible for EHV if they are:
1.
Directly referred to the PHA from the CES based on confirmed availability of
number of referrals needed by PHA.
2.
Directly referred to CES from local providers, homeless programs, temporary
housing programs, street outreach teams and other referring agencies and
Other
3.
Service Providers by completing a referral in the form mutually agreed upon
by PHA and CoC, attached hereto as Exhibit “B” (“Referral Form and
Eligibility Certificate”) PHA and the CoC may agree, from time to time, to
revise the form.
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4.
Move on strategy from Tenant Based Rental Assistance (“TBRA”), Rapid
Rehousing (“RRH”) and Permanent Supportive Housing (“PSH”) with PHA
providing a list of individuals to CES through the Referral Form and Eligibility
Certificate .
5.
RRH initially referred through CES and Domestic, Dating, Sexual, Stalking or
Trafficking, Violent Crime victims, providers will not have to go through CES,
these providers can make direct referrals to PHA.
19-III.B. EHV WAITING LIST
The HCV regulations requiring the PHA to operate a single waiting list for admission to the HCV program
do not apply to PHAs operating the EHV program. Instead, when the number of applicants referred by
the CoC or partnering agency exceeds the EHVs available, the PHA must maintain a separate waiting
list for EHV referrals, both at initial leasing and for any turnover vouchers that may be issued prior to
September 30, 2023.
Further, the EHV waiting list is not subject to PHA policies in Chapter 4 (Applications, Waiting List, and
Tenant Selection) regarding opening and closing the HCV waiting list. The PHA will work directly with
its CoC and other referral agency partners to manage the number of referrals and the size of the EHV
waiting list.
19-III.C. PREFERENCES
HCV Waiting List Preferences
If local preferences are established by the PHA for HCV, they do not apply to EHVs. However, if the
PHA has a homeless preference or a VAWA preference for the HCV waiting list, the PHA must adopt
additional policies related to EHVs in accordance with Notice PIH 2021-15.
PHA Policy
The PHA does not offer either a homeless or a VAWA preference for the HCV waiting list.
EHV Waiting List Preferences
With the exception of a residency preference, the PHA may choose, in coordination with the CoC and
other referral partners, to establish separate local preferences for EHVs. The PHA may, however,
choose to not establish any local preferences for the EHV waiting list.
PHA Policy
No local preferences have been established for the EHV waiting list. The PHA will attempt to
process referrals in the order they are received with date/time being the determining factor for
initial referrals from CoC.
If the PHA encounters a backlog of referrals, the PHA will establish an EHV waiting list in
accordance with EHV program requirements and described in the PHA Administrative Plan.
PART IV: FAMILY ELIGIBILITY
19-IV.A. OVERVIEW
The CoC or referring agency determines whether the individual or family meets any one of the four
eligibility criteria described in Notice PIH 2021-15 and then refers the family to the PHA. The PHA
determines that the family meets other eligibility criteria for the HCV program, as modified for the EHV
program and outlined below.
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19-IV.B. REFERRING AGENCY DETERMINATION OF ELIGIBLITY
In order to be eligible for an EHV, an individual or family must meet one of four eligibility criteria:
Homeless as defined in 24 CFR 578.3;
At risk of homelessness as defined in 24 CFR 578.3;
Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking (as
defined in Notice PIH 2021-15), or human trafficking (as defined in the 22 U.S.C. Section 7102); or
Recently homeless and for whom providing rental assistance will prevent the family’s homelessness
or having high risk of housing instability as determined by the CoC or its designee in accordance
with the definition in Notice PIH 2021-15.
As applicable, the CoC or referring agency must provide documentation to the PHA of the referring
agency’s verification that the family meets one of the four eligible categories for EHV assistance. The
PHA must retain this documentation as part of the family’s file.
19-IV.C. PHA SCREENING
OVERVIEW
HUD waived 24 CFR 982.552 and 982.553 in part for the EHV applicants and established alternative
requirement for mandatory and permissive prohibitions of admissions. Except where applicable, PHA
policies regarding denials in Chapter 3 (Eligibility) of this policy do not apply to screening individuals and
families for eligibility for an EHV. Instead, the EHV alternative requirement listed in this section will apply
to all EHV applicants.
The mandatory and permissive prohibitions listed in Notice PIH 2021-15 and in this chapter, however,
apply only when screening the individual or family for eligibility for an EHV. When adding a family
member after the family has been placed under a HAP contract with EHV assistance, the regulations
at 24 CFR 982.551(h)(2) apply. Other than the birth, adoption, or court-awarded custody of a child,
the PHA must approve additional family members and may apply its regular HCV screening criteria in
Chapter 3 (Eligibility) in doing so.
Mandatory Denials
Under alternative requirements for the EHV program, mandatory denials for EHV applicants include:
24 CFR 982.553(a)(1)(ii)(C), which prohibits 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.
24 CFR 982.553(a)(2)(i), which prohibits admission to the program if any member of the household
is subject to a lifetime registration requirement under a state sex offender registration program.
The PHA must deny admission to the program if any member of the family fails to sign and submit
consent forms for obtaining information as required by 24 CFR 982.552(b)(3) but should notify the family
of the limited EHV grounds for denial of admission first.
PHA Policy
While the PHA will deny admission to the program if any adult member (or head of household
or spouse, regardless of age) fails to sign and submit consent forms, the PHA will first notify the
family of the limited EHV grounds for denial of admission as part of the notice of denial that will
be mailed and/or emailed to the family. The denial letter may also be provided to case
management or navigation, if available.
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Permissive Denial
Notice PIH 2021-15 lists permissive prohibitions for which the PHA may, but is not required to, deny
admission to EHV families. The notice also lists prohibitions that, while allowable under the HCV
program, may not be used to deny assistance for EHV families.
If the PHA intends to establish permissive prohibition policies for EHV applicants, the PHA must first
consult with its CoC partner to understand the impact that the proposed prohibitions may have on
referrals and must take the CoC’s recommendations into consideration.
PHA Policy
In consultation with the CoC, the PHA will apply permissive prohibition to the screening of EHV
applicants. Determinations using permissive prohibitions will be made based on an
individualized assessment of relevant mitigating information in accordance with policies in
Section 3-III.E.
The PHA will establish the following permissive prohibitions:
If the PHA determines that any household member is currently engaged in, or has
engaged in within the previous 12 months:
Violent criminal activity
Other criminal activity that may threaten the health, safety, or right to peaceful
enjoyment of the premises by other residents or persons residing in the
immediate vicinity
If any member of the family has committed fraud, bribery, or any other corrupt or criminal
act in connection with any federal housing program within the previous 12 months.
If the family engaged in or threatened abusive or violent behavior toward PHA personnel
within the previous 12 months.
The PHA will also deny assistance to household members already receiving assistance from
another program in accordance with Section 9.h. of Notice PIH 2021-15.
Prohibitions based on criminal activity for the eligible EHV populations regarding drug
possession will be considered apart from criminal activity against persons (i.e., violent criminal
activity).
In compliance with PIH 2021-15, the PHA will not deny an EHV applicant admission regardless
of whether:
Any member of the family has been evicted from federally assisted housing in the last
five years;
A PHA has ever terminated assistance under the program for any member of the family;
The family currently owes rent or other amounts to the PHA or to another PHA in
connection with Section 8 or public housing assistance under the 1937 Act;
The family has not reimbursed any PHA for amounts paid to an owner under a HAP
contract for rent, damages to the unit, or other amounts owed by the family under the
lease;
The family breached an agreement with the PHA to pay amounts owed to a PHA, or
amounts paid to an owner by a PHA;
The family would otherwise be prohibited admission under alcohol abuse standards
established by the PHA in accordance with 24 CFR 982.553(a)(3);
The PHA determines that any household member is currently engaged in or has
engaged in during a reasonable time before the admission at least six months, drug-
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related criminal activity.
19-IV.D. INCOME VERIFICATION AT ADMISSION
Self-Certification at Admission
The requirement to obtain third-party verification of income in accordance with Notice PIH 2018-18 does
not apply to the EHV program applicants at admission, and alternatively, PHAs may consider self-
certification the highest form of income verification at admission. As such, PHA policies related to the
verification of income in Section 7-I.B. do not apply to EHV families at admission. Instead, applicants
must submit an affidavit attesting to their reported income, assets, expenses, and other factors that
would affect an income eligibility determination.
Additionally, applicants may provide third-party documentation that 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.
PHA Policy
Any documents used for verification must be the original (not photocopies) and dated within the
60-day period prior to admission. The documents must not be damaged, altered, or in any way
illegible.
Printouts from webpages are considered original documents.
Any family self-certifications must be made in a format acceptable to the PHA and must be
signed by the family member whose information or status is being verified.
The PHA will incorporate additional procedures to remind families of the obligation to provide
true and complete information in accordance with Chapter 14 (Program Integrity). The PHA will
address any material discrepancies (i.e., unreported income or a substantial difference in
reported income) that may arise later. The PHA may, but is not required to, offer the family a
repayment agreement in accordance with Chapter 16 (Program Administration). If the family fails
to repay the excess subsidy, the PHA will terminate the family’s assistance in accordance with
the policies in Chapter 12 (Termination of Assistance and Tenancy).
Recently Conducted Income Determinations
PHAs may accept income calculations and verifications from third-party providers or from an
examination that the PHA conducted on behalf of the family for another subsidized housing program in
lieu of conducting an initial examination of income as long as:
The income was calculated in accordance with rules outlined at 24 CFR Part 5 and within the last
six months; andThe family certifies there has been no change in income or family composition in the
interim.
PHA Policy
The PHA will accept income calculations and verifications from third-party providers provided
they meet the criteria outlined above.
The family certification must be made in a format acceptable to the PHA and must be signed by
all adult family members whose information or status is being verified.
At the time of the family’s annual reexamination, the PHA must conduct the annual reexamination of
income as outlined at 24 CFR 982.516 and PHA policies in Chapter 11 (Reexaminations).
EIV Income Validation
Once HUD makes the EIV data available to PHAs under this waiver and alternative requirement, the
PHA must:
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Review the EIV Income and Income Validation Tool (IVT) reports to confirm and validate family-
reported income within 90 days of the PIC submission date;
Print and maintain copies of the EIV Income and IVT Reports in the tenant file; and
Resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report
dates.
Prior to admission, PHAs must continue to use HUD’s EIV system to search for all household members
using the Existing Tenant Search in accordance with PHA policies in Chapter 3 (Eligibility).
If a PHA later determines that an ineligible family received assistance, the PHA must take steps to
terminate that family from the program in accordance with Chapter 12 (Termination of Assistance).
19-IV.E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS VERIFICATION
For the EHV program, the PHA is not required to obtain and verify SSN documentation and
documentation evidencing eligible noncitizen status before admitting the family to the EHV program.
Instead, PHAs may adopt policies to admit EHV applicants who are unable to provide the required SSN
or citizenship documentation during the initial eligibility determination. As an alternative requirement,
such individuals must provide the required documentation within 180 days of admission to be eligible
for continued assistance, pending verification, unless the PHA provides 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.
If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate
that family from the program.
PHA Policy
The PHA will admit EHV applicants who are unable to provide the required SSN or citizenship
documentation during the initial eligibility determination. These individuals must provide the
required documentation in accordance with policies in Chapter 7 (Verification) within 180 days
of admission. The PHA may provide an additional 60-day 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.
If the PHA determines that an ineligible family received assistance, the PHA will take steps to
terminate that family from the program in accordance with policies in Chapter 12 (Termination
of Assistance and Tenancy).
18-IV.F. AGE AND DISABILITY VERIFICATION
PHAs 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 PHA must obtain a higher level of verification
within 90 days of admission or verify the information in EIV.
If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate
that family from the program.
PHA Policy
The PHA will accept self-certification of date of birth and disability status if a higher form of
verification is not immediately available. The certification must be made in a format acceptable
to the PHA and must be signed by the family member whose information or status is being
verified. If self-certification is accepted, within 90 days of admission, the PHA will verify the
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information in EIV or through other third-party verification if the information is not available in
EIV. The PHA will note the family’s file that self-certification was used as initial verification and
include an EIV printout or other third-party verification confirming the applicant’s date of birth
and/or disability status.
If the PHA determines that an ineligible family received assistance, the PHA will take steps to
terminate that family from the program in accordance with policies in Chapter 12 (Termination
of Assistance and Tenancy).
19-IV.G. INCOME TARGETING
The PHA must determine income eligibility for EHV families in accordance with 24 CFR 982.201 and
PHA policy in Chapter 3 (Eligibility); however, income targeting requirements do not apply for EHV
families. The PHA may still choose to include the admission of extremely low-income EHV families in
its income targeting numbers for the fiscal year in which these families are admitted.
PHA Policy
The PHA will not include the admission of extremely low-income EHV families in its income
targeting numbers for the fiscal year in which these families are admitted.
PART V: HOUSING SEARCH AND LEASING
19-V.A. INITIAL VOUCHER TERM
Unlike the standard HCV program, which requires an initial voucher term of at least 60 days, EHV
vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined
in Section 5-II.E. will apply.
PHA Policy
All EHVs will have an initial term of 120 calendar days.
The family must submit a Request for Tenancy Approval and proposed lease within the 120-day
period unless the PHA grants an extension. Extensions will be granted in 30-day increments.
19-V.B. HOUSING SEARCH ASSISTANCE
The PHA must ensure housing search assistance is made available to EHV families during their initial
housing search. The housing search assistance may be provided directly by the PHA or through the
CoC or another partnering agency or entity.
At a minimum, housing search assistance must:
Help individual families identify potentially available units during their housing search, including
physically accessible units with features for family members with disabilities, as well as units in low-
poverty neighborhoods;
Provide transportation assistance and directions to potential units;
Conduct owner outreach;
Assist with the completion of rental applications and PHA forms; and
Help expedite the EHV leasing process for the family.
PHA Policy
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As identified in the MOU between the PHA and CoC, the following housing search assistance
will be provided to each EHV family:
The PHA will:
1.
PHA Required Services. In accordance with PIH Notice 2021-15 (HA) Subsection
9.d. The PHA is required to provide the following services, at a minimum, in
partnership with the CoC or Other Service Providers (if applicable), or by utilizing the
Services Fee to obtain services.
2.
Housing Search Assistance.
a.
Help individual families identify potentially available units during their housing
search, including physically accessible units with features for family members
with disabilities, as well as units in low poverty neighborhoods;
b.
Provide transportation assistance as needed and directions to potential units;
c.
Conduct owner outreach;
d.
Assist with the completion of rental applications and PHA forms;
e.
Help expedite the EHV leasing process for the family.
3.
CoC Required Services. The CoC in coordination with Other Services Providers as
identified in Section 7 agrees to be responsible for providing the following services to
offer or make connections to supportive services for families that are referred to the
PHA. CoCs and PHAs seek a diverse range of supportive services by partnering with
organizations trusted by people experiencing homelessness assess, arrange,
coordinate, and monitor the delivery of individualized services to meet the needs of
EHV participants throughout their participation in the program. The PHA agrees to
collaborate with the service provider on the effective provision and delivery of these
services.
4.
Application Assistance and Active Case Management.
a.
Conducting the initial evaluation, verifying and documenting EHV eligibility;
b.
Supporting individuals and families in completing applications and obtaining
necessary documentation.
c.
Conducting an initial needs assessment to include an evaluation of other
assistance the participant may need including, but not limited to, other
Referral Services (see Subsection 21 below) and Optional Lease Up Services
(see Subsection 22 below).
d.
Ensuring participants attend PHA appointments;
e.
Attending the family briefing appointment with the participant to assist the
participant in understanding their responsibilities related to their lease;
f.
Counseling;
g.
Assisting participants in securing and coordinating other services or benefits
from Federal, State, and local assistance programs;
h.
Monitoring and evaluating program participant progress;
i.
Providing the participant with information and referrals to other providers;
j.
Providing ongoing risk assessment and safety planning with victims of
domestic violence, dating violence, sexual assault, and stalking; and
k.
Developing an individualized housing and service plan, including planning a
path to permanent housing stability.
Conduct owner outreach in accordance with policies in Chapter 13 (Owners)
Provide directions to potential units as part of the EHV briefing packet
Expedite the EHV leasing process for the family to the extent practicable and in
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accordance with policies in this chapter
At least every 30 days, conduct proactive check-ins via email and telephone with
families who are searching with an EHV and remind them of their voucher
expiration date
Assign a dedicated landlord liaison for EHV voucher families
The CoC will:
Help families identify potentially available units during their housing search,
including physically accessible units with features for family members with
disabilities, as well as units in low-poverty neighborhoods
Provide transportation assistance to potential units
Assist the family with the completion of rental applications and PHA forms
19-V.C. HOUSING PRE-INSPECTIONS
To expedite the leasing process, PHAs may pre-inspect available units that EHV families may be
interested in leasing in order to maintain a pool of eligible units.
PHA Policy
City of Chandler participates in a HUD NSPIRE inspection demonstration.
To expedite the leasing process, the PHA may pre-inspect available units that EHV families may
be interested in leasing to maintain a pool of eligible units. If an EHV family selects a unit that
passed a housing pre-inspection (without intervening occupancy) within 45 days of the date of
the Request for Tenancy Approval, the unit may be approved provided that it meets all other
conditions under 24 CFR 982.305.
The family will be free to select his or her unit.
When a pre-inspected unit is not selected, the PHA will make every effort to fast-track the
inspection process, including adjusting the normal inspection schedule for any required
reinspections.
19-V.D. INITIAL LEASE TERM
Unlike in the standard the HCV program, EHV voucher holders may enter into an initial lease that is for
less than 12 months, regardless of the PHA policy in Section 9-I.E., Term of Assisted Tenancy.
19-V.E.Portability
The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to
EHVs. Exceptions are addressed below.
Nonresident Applicants
Under EHV, applicant families may move under portability even if the family did not have legal residency
in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Section 10-II.B.
Billing and Absorption
A receiving PHA cannot refuse to assist an incoming EHV family, regardless of whether the PHA
administers EHVs under its own ACC.
If the EHV family moves under portability to another PHA that administers EHVs under its own ACC:
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-
The receiving PHA may only absorb the incoming EHV family with an EHV (assuming it has an
EHV voucher available to do so).
-
If the PHA does not have an EHV available to absorb the family, it must bill the initial PHA. The
receiving PHA must allow the family to lease the unit with EHV assistance and may not absorb
the family with a regular HCV when the family leases the unit.
-
Regardless of whether the receiving PHA absorbs or bills the initial PHA for the family’s EHV
assistance, the EHV administration of the voucher is in accordance with the receiving PHA’s
EHV policies.
If the EHV family moves under portability to another PHA that does not administer EHV under its
own ACC, the receiving PHA may absorb the family into its regular HCV program or may bill the
initial PHA.
Family Briefing
In addition to the applicable family briefing requirements at 24 CFR 982.301(a)(2) as to how portability
works and how portability may affect the family’s assistance, the initial PHA must inform the family how
portability may impact the special EHV services and assistance that may be available to the family.
The initial PHA is required to help facilitate the family’s portability move to the receiving PHA and inform
the family of this requirement in writing, taking reasonable steps to ensure meaningful access for
persons with limited English proficiency (LEP).
PHA Policy
For limited English proficient (LEP) applicants, the PHA will provide interpretation services in
accordance with the PHA’s LEP plan (See Chapter 2, Fair Housing and Equal Opportunity).
Coordination of Services
If the portability move is in connection with the EHV family’s initial lease-up, the receiving PHA and the
initial PHA must consult and coordinate on the EHV services and assistance that will be made available
to the family.
PHA Policy
For EHV families who are exercising portability, when the PHA contacts the receiving PHA in
accordance with Section 10-II.B. Preapproval Contact with Receiving PHA, the PHA will consult
and coordinate with the receiving PHA to ensure there is no duplication of EHV services and
assistance, and ensure the receiving PHA is aware of the maximum amount of services fee
funding that the initial PHA may provide to the receiving PHA on behalf of the family.
Services Fee
Standard portability billing arrangements apply for HAP and ongoing administrative fees for EHV
families.
For service fees funding, the amount of the service fee provided by the initial PHA may not exceed the
lesser of the actual cost of the services and assistance provided to the family by the receiving PHA or
$1,750, unless the initial PHA and receiving PHA mutually agree to change the $1,750 cap. Service
fees are paid as follows:
If the receiving PHA, in consultation and coordination with the initial PHA, will provide eligible
services or assistance to the incoming EHV family, the receiving PHA may be compensated for
those costs by the initial PHA, regardless of whether the receiving PHA bills or absorbs.
If the receiving PHA administers EHVs, the receiving PHA may use its own services fee and may
be reimbursed by the initial PHA, or the initial PHA may provide the services funding upfront to the
receiving PHA for those fees and assistance.
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If the receiving PHA does not administer EHVs, the initial PHA must provide the services funding
upfront to the receiving PHA. Any amounts provided to the receiving PHA that are not used for
services or assistance on behalf of the EHV family must promptly be returned by the receiving PHA
to the initial PHA.
Placement Fee/Issuance Reporting Fee
If the portability lease-up qualifies for the placement fee/issuance reporting fee, the receiving PHA
receives the full amount of the placement component of the placement fee/issuing reporting fee. The
receiving PHA is eligible for the placement fee regardless of whether the receiving PHA bills the initial
PHA or absorbs the family into its own program at initial lease-up. The initial PHA qualifies for the
issuance reporting component of the placement fee/issuance reporting fee, as applicable.
19-V.F. PAYMENT STANDARDS
Payment Standard Schedule
For the EHV program, HUD has waived the regulation requiring a single payment standard for each unit
size. Instead, the PHA may, but is not required to, establish separate higher payment standards for
EHVs. Lower EHV payment standards are not permitted. If the PHA is increasing the regular HCV
payment standard, the PHA must also increase the EHV payment standard if it would be otherwise lower
than the new regular HCV payment standard. The separate EHV payment standard must comply with
all other HCV requirements with the exception of the alternative requirements discussed below.
Further, if the PHA chooses to establish higher payments standards for EHVs, HUD has provided other
regulatory waivers:
Defining the “basic range” for payment standards as between 90 and 120 percent of the published
Fair Market Rent (FMR) for the unit size (rather than 90 to 110 percent).
Allowing a PHA that is not in a designated Small Area FMR (SAFMR) area or has not opted to
voluntarily implement SAFMRs to establish exception payment standards for a ZIP code area above
the basic range for the metropolitan FMR based on the HUD published SAFMRs. The PHA may
establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD
published Small Area FMR for that ZIP code area. The exception payment standard must apply to
the entire ZIP code area.
-
The PHA must notify HUD if it establishes an EHV exception payment standard based on the
SAFMR.
PHA Policy
The PHA will not establish a higher payment standard amount for EHVs. The PHA will use the
same payment standards for HCV and EHV.
Rent Reasonableness
All rent reasonableness requirements apply to EHV units, regardless of whether the PHA has
established an alternative or exception EHV payment standard.
Increases in Payment Standards
The requirement that the PHA apply increased payment standards at the family’s first regular
recertification on or after the effective date of the increase does not apply to EHV. The PHA may, but is
not required to, establish an alternative policy on when to apply the increased payment standard,
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.
PHA Policy
The PHA will not establish an alternative policy for increases in the payment standard. PHA
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policy in Section 11-III.B. governing increases in payment standards will apply to EHV.
19-I.U. TERMINATION OF VOUCHERS
After September 30, 2023, a PHA may not reissue EHVs when assistance for an EHV-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 PHA may not reissue that EHV to another family
unless it does so no later than September 30, 2023.
If an applicant family that was issued the EHV is unsuccessful in finding a unit and the EHV expires after
September 30, 2023, the EHV may not be reissued to another family.
All EHVs under lease on or after October 1, 2023, may not under any circumstances be reissued to
another family when the participant leaves the program for any reason.
An EHV that has never been issued to a family may be initially issued and leased after September 30,
2023, since this prohibition only applies to EHVs that are being reissued upon turnover after assistance
to a family has ended. However, HUD may direct PHAs administering EHVs to cease leasing any
unleased EHVs if such action is determined necessary by HUD to ensure there will be sufficient funding
available to continue to cover the HAP needs of currently assisted EHV families.
As explained in Notice 2023-14, issued on June 29, 2023, HUD is identifying whether a
voucher issuance is a turnover voucher or a voucher that has never been leased by counting
the number of cumulative EHV lease-ups. (Note that cumulative leased vouchers is equal to
all households leased since the start of the EHV program—this includes households that
have left the program.)
Once a PHA’s total cumulative leased EHV count reaches their total EHV allocation of the
consolidated annual contributions contract (EHV-CACC), any EHV issuance is considered a
reissuance. PHAs that have reached their cumulative EHV lease-up count may not reissue
any EHV voucher after September 30, 2023.
If a PHA has not reached its EHV-CACC in cumulative leased vouchers, the PHA may
continue to issue vouchers to eligible households after September 30, 2023, until the
cumulative leased vouchers equal the number of EHVs currently under the PHA’s EHV-
CACC, or until directed by HUD to stop issuing EHVs. If a PHA is reallocated additional
EHVs, these EHVs are considered never leased and may be issued.
PHAs must adjust their EHV voucher issuances according to their most recent EHV success
rate, i.e., the likelihood that the voucher-holder will successfully secure an EHV lease. PHAs
can consider evaluating their success rate similar to the EHV dashboard that provides a 180-
day lease rate. For example, the PHA calculates that 50 percent of recent EHV voucher
holders successfully establish an EHV lease in 180 days; therefore, their EHV 180-day
success rate is 50 percent.
EXAMPLES
1. As of October 1, 2023, a PHA has cumulatively leased 60 of its 100 EHV allocation under
their EHV-CACC. The PHA may continue to issue and lease the remaining 40 EHVs that
have never been leased.
2. As of October 1, 2023, a PHA has cumulatively leased 80 of its 100 EHV allocation and
has a success rate of 50 percent. Therefore, the PHA may have no more than 40 families
with a voucher searching for a unit, which – considering a 180-day success rate – would
equate to 20 new leases, and thus a fully leased program. If these voucher holders do not
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equate to 20 new leases, the PHA may continue to issue vouchers, (considering a 180-
day success rate) until the EHV-CACC limit is reached.
EHV participants may still move (including under portability) after September 30, 2023. The
termination of vouchers upon turnover provision does not impact an individual or family’s
ability to move within the PHA’s jurisdiction or their ability to move under the portability
procedures to another PHA’s jurisdiction.
PART VI: USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS
EHV funds allocated to the PHA for HAP (both funding for the initial allocation and HAP renewal funding)
may only be used for eligible EHV HAP purposes. EHV HAP funding obligated to the PHA may not be
used for EHV administrative expenses or the other EHV eligible expenses under this notice. Likewise,
EHV administrative fees and funding obligated to the PHA are to be used for those purposes and must
not be used for HAP.
The appropriated funds for EHVs are separate from the regular HCV program and may not be used for
the regular HCV program but may only be expended for EHV eligible purposes. EHV HAP funds may
not roll into the regular HCV restricted net position (RNP) and must be tracked and accounted for
separately as EHV RNP. EHV administrative fees and funding for other eligible expenses permitted by
Notice PIH 2021-15 may only be used in support of the EHVs and cannot be used for regular HCVs.
EHV funding may not be used for the repayment of debts or any amounts owed to HUD by HUD program
participants including, but not limited to, those resulting from Office of Inspector General (OIG), Quality
Assurance Division (QAD), or other monitoring review findings.
The PHA must comply with EHV reporting requirements in the Voucher Management System (VMS)
and Financial Data Schedule (FDS) as outlined in Notice PIH 2021-15.
The PHA must maintain complete and accurate accounts and other records for the program and provide
HUD and the Comptroller General of the United States full and free access to all accounts and records
that are pertinent the administration of the EHVs in accordance with the HCV program requirements at
24 CFR 982.158.
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Exhibit TPS-1: MEMORANDUM OF UNDERSTANDING (MOU)
Attachment 2 of Notice PIH 2021-15 - Sample MOU Template
Memorandum of Understanding
[** This sample document demonstrates the Memorandum of Understanding requirements for
the administration Emergency Housing Voucher. Unless otherwise noted, all elements are
required. **]
This Memorandum of Understanding (MOU) has been created and entered into on
[** Insert execution date. **].
[PHA Name and Address]
[CoC Name and Address]
I.
Introduction and Goals (the following elements, listed in a. – c., are required elements of
the MOU):
a.
PHA and CoC’s commitment to administering the EHVs in accordance with all program
requirements.
b.
PHA goals and standards of success in administering the program.
c.
Identification of staff position at the PHA and CoC who will serve as the lead EHV liaisons.
Lead HCV Liaison:
[Name and title of PHA staff position]
Responsibilities of the PHA EHV liaison [**Optional**].
[Name and title of CoC staff position]
Responsibilities of the CoC EHV liaison [**Optional**].
II. Define the populations eligible for EHV assistance to be referred by CoC.
III. Services to be provided to eligible EHV families
1. List the services to be provided to assist individuals and families have success in the program
and who will provide them.
[**The following services are listed for example purposes. **]
1.
Partnering service providers will support individuals and families in completing applications
and obtaining necessary supporting documentation to support referrals and applications for
assistance; while aiding households in addressing barriers.
2.
Partnering service providers will support PHAs in ensuring appointment notifications to
eligible individuals and families and will assist eligible households in getting to meetings with
the PHA.
3.
PHAs will establish windows of time for EHV applicants to complete intake interviews for
EHV.
4.
Partnering service providers will provide housing search assistance for eligible individuals
and families.
5.
Partnering service providers will provide counseling on compliance with rental lease
requirements.
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6.
Partnering service providers will assess individuals and families who may require referrals for
assistance on security deposits, utility hook-up fees, and utility deposits.
7.
Partnering service providers will assess and refer individuals and families to benefits and
supportive services, where applicable.
IV. PHA Roles and Responsibilities
[**The following responsibilities are listed for example purposes. **]
1.
Coordinate and consult with the CoC in developing the services and assistance to be offered
under the EHV services fee.
2.
Accept direct referrals for eligible individuals and families through the CoC Coordinated Entry
System.
3.
Commit a sufficient number of staff and necessary resources to ensure that the application,
certification, and voucher issuance processes are completed in a timely manner.
4.
Commit a sufficient number of staff and resources to ensure that inspections of units are
completed in a timely manner.
5.
Designate a staff to serve as the lead EHV liaison.
6.
Comply with the provisions of this MOU.
V. CoC Roles and Responsibilities
[**The following responsibilities are listed for example purposes. **]
1.
Designate and maintain a lead EHV liaison to communicate with the PHA.
2.
Refer eligible individuals and families to PHA using the community’s coordinated entry
system.
3.
Support eligible individuals and households in completing and applying for supportive
documentation to accompany admissions application to the PHA (i.e. self-certifications, birth
certificate, social security card, etc.).
4.
Attend EHV participant briefings when needed.
5.
Assess all households referred for EHV for mainstream benefits and supportive services
available to support eligible individuals and families through their transition.
6.
Identify and provide supportive services to EHV families. (While EHV participants are not
required to participate in services, the CoC should assure that services are available and
accessible.)
7.
Comply with the provisions of this MOU.
VI. Third Party Entity Roles Responsibilities
[**The following responsibilities are listed for example purposes. **]
1.
Describe how the State, local, philanthropic, faith-based organizations, Victim Service
Providers or CoC recipients it designates will fulfill each of the following responsibilities:
a.
Outline resource and/or service being provided in support of the community’s EHV
Program. Commit a sufficient number of staff and necessary resources to ensure that
the application, certification and voucher issuance processes are completed in a
timely manner.
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b.
Comply with the provisions of this MOU. VII. Program Evaluation
The PHA, and CoC or designated CoC recipient agree to cooperate with HUD, provide requested
data to HUD or HUD-approved contractor delegated the responsibility of program evaluation
protocols established by HUD or HUD-approved contractor, including possible random assignment
procedures.
[Signed and dated by the official representatives of the PHA, CoC, CoC Contractor organization (if
applicable), and third-party entities (if applicable.]
Signed by
Executive Director, PHA
Date
CoC Executive Director Date
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Exhibit TPS-2: HOMELESS PROVIDER’S CERTIFICATION
Attachment 3 of Notice PIH 2021-15 Example of a Homeless Provider’s Certification
Emergency Housing Voucher (EHV)
HOMELESS CERTIFICATION
EHV Applicant Name:
Household without dependent children (complete one form for each adult in the household)
Household with dependent children (complete one form for household)
Number of persons in the household:
This is to certify that the above named individual or household meets the following criteria
based on the check mark, other indicated information, and signature indicating their
current living situation-
Check only one box and complete only that section
Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings,
streets/sidewalks)
The person(s) named above is/are currently living in (or, if currently in hospital or other
institution, was living in immediately prior to hospital/institution admission) a public or private
place not designed for, or ordinarily used as a regular sleeping accommodation for human beings,
including a car, park, abandoned building, bus station, airport, or camp ground.
Description of current living situation:
Homeless Street Outreach Program
Name:
This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a
program designed to serve persons living on the street or other places not meant for human habitation.
Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless sites,
etc.
Authorized Agency Representative Signature:
Date:
19-24
Living Situation: Emergency Shelter
The person(s) named above is/are currently living in (or, if currently in hospital or other
institution, was living in immediately prior to hospital/institution admission) a supervised publicly or
privately operated shelter as follows:
Emergency Shelter Program Name:
This emergency shelter must appear on the CoC’s Housing Inventory Chart submitted as part of the
most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC
as part of the CoC inventory (e.g., newly established Emergency Shelter).
Authorized Agency Representative Signature:
Date:
Living Situation: Recently Homeless
The person(s) named above is/are currently receiving financial and supportive services for
persons who are homeless. Loss of such assistance would result in a return to homelessness (ex.
Households in Rapid Rehousing Programs, residents of Permanent Supportive Housing Programs
participating in Moving On, etc.)
Authorized Agency Representative Signature:
This referring agency must appear on the CoC’s Housing Inventory Chart submitted as part of the
most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC
as part of the CoC inventory.
Immediately prior to entering the household’s current living situation, the person(s) named
above was/were residing in:
emergency shelter OR
a place unfit for human habitation
Authorized Agency Representative Signature:
Date:
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Exhibit TPS-3: EXAMPLE OF A VICTIM SERVICES PROVIDER’S CERTIFICATION
Attachment 4 of Notice PIH 2021-15: Example of a Victim Services Provider’s Certification
Emergency Housing Voucher (EHV)
SAMPLE HUMAN TRAFFICKING CERTIFICATION
Purpose of Form:
The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims
of trafficking making housing, educational health care, job training and other Federally-funded
social service programs available to assist victims in rebuilding their lives.
Use of This Optional Form:
In response to this request, the service provider may complete this form and submit it to the
Public Housing Agency (PHA) to certify eligibility for EHV assistance.
Confidentiality: All information provided to the service provider concerning the incident(s) of
human trafficking shall be kept confidential and such details shall not be entered into any shared
database. Employees of the PHA will not have access to these details, and such employees may
not disclose this information to any other entity or individual, except to the extent that disclosure is:
(i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction
proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable
law.
TO BE COMPLETED ON BEHALF OF HUMAN TRAFFICKING SURVIVOR
EHV Applicant Name:
This is to certify that the above named individual or household meets the definition for
persons who are fleeing or attempting to flee human trafficking under section 107(b) of the
Trafficking Victims Protection Act of 2000.
Immediately prior to entering the household’s current living situation, the person(s) named
above was/were residing in:
This is to certify that the information provided on this form is true and correct to the best of my
knowledge and recollection, and that the individual(s) named above is/has been a victim of
human trafficking. I acknowledge that submission of false information could jeopardize program
eligibility and could be the basis for denial of admission, termination of assistance, or eviction.
Authorized Agency Representative Signature:
Date:
VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH)
PART II
Introduction
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19-II.A. Overview
Since 2008, HCV program funding has provided rental assistance under a supportive housing
program for homeless veterans. The Veterans Affairs Supportive Housing (VASH) program
combines HCV rental assistance with case management and clinical services provided by the
Department of Veterans Affairs (VA) at VA medical centers (VAMCs) and Community-Based
Outpatient Clinics (CBOCs) , or through a designated service provider (DSP) as approved by
the VA Secretary. Eligible families are homeless veterans and their families that agree to
participate in VA case management and are referred to the VAMC’s partner PHA for HCV
assistance. The VAMC or DSP’s responsibilities include:
Screening homeless veterans to determine whether they meet VASH program participation
criteria;
Referring homeless veterans to the PHA;
o
The term homeless veteran means a veteran who is homeless (as that term is defined
in subsection (a) or (b) of Section 103 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302)). See 38 U.S.C. 2002.
Providing appropriate treatment and supportive services to potential VASH participants, if
needed, prior to PHA issuance of a voucher;
Providing housing search assistance to VASH participants;
Identifying the social service and medical needs of VASH participants, and providing or
ensuring the provision of regular ongoing case management, outpatient health services,
hospitalization, and other supportive services as needed throughout the veterans’ participation
period; and
Maintaining records and providing information for evaluation purposes, as required by HUD
and the VA.
VASH vouchers are awarded noncompetitively based on geographic need and PHA
administrative performance. Eligible PHAs must be located within the jurisdiction of a
VAMC and in an area of high need based on data compiled by HUD and the VA. When
Congress funds a new allocation of VASH vouchers, HUD invites eligible PHAs to apply
for a specified number of vouchers.
Generally, the HUD-VASH program is administered in accordance with regular HCV
program requirements. However, HUD is authorized to waive or specify alternative
requirements to allow PHAs to effectively deliver and administer VASH assistance.
Alternative requirements are established in the HUD-VASH Operating Requirements,
which were originally published in the Federal Register on May 6, 2008, and updated
September 27, 2021, and then again in 2024.
Unless expressly waived by HUD, all regulatory requirements and HUD directives
regarding the HCV program requirements are applicable to VASH vouchers, including the
use of all HUD-required contracts and other forms, and all civil rights and fair housing
requirements. In addition, the PHA may request additional statutory or regulatory waivers
that it determines are necessary for the effective delivery and administration of the
program.
The VASH program is administered in accordance with applicable Fair Housing
requirements since civil rights requirements cannot be waived under the program. These
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include applicable authorities under 24 CFR §5.105(a) and 24 CFR 982.53 including, but
not limited to, the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, Title VI
of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age
Discrimination Act and all PHA policies as outlined in Chapter 2 of this document. When
HUD-VASH recipients include veterans with disabilities or family members with
disabilities, reasonable accommodation requirements in Part II of Chapter 2 of this policy
apply.
19-II.B. Referrals [FR Notice 8/13/24 and HUD-VASH Qs and As]
VAMC case managers will screen all families in accordance with VA screening criteria
and refer eligible families to the PHA for determination of program eligibility and voucher
issuance. The PHA has no role in determining or verifying the veteran’s eligibility under
VA screening criteria, including determining the veteran’s homelessness status. The PHA
must accept referrals from the partnering VAMC and must maintain written documentation
of referrals in VASH tenant files. Upon turnover, VASH vouchers must be issued to
eligible veteran families as identified by the VAMC.
PHA POLICY
In order to expedite the screening process, the PHA will provide all forms and a list
of documents required for the VASH application to the VAMC.
Case managers will work with veterans to fill out the forms and compile all
documents prior to meeting with the PHA and submitting an application. When
feasible, the VAMC case manager should email copies of all documents to the
PHA prior to the meeting in order to allow the PHA time to review them and start a
file for the veteran. After the VAMC has given the PHA a complete referral, the
PHA will perform an eligibility screening within five (5) business days of receipt of
a VAMC referral.
19-III.C. HCV Program Eligibility [FR Notice 8/13/24]
Eligible participants are homeless veterans and their families who agree to participate in case
management from the VAMC.
A VASH Veteran or veteran family refers to either a single veteran or a veteran with a
household composed of two or more related persons. It also includes one or more eligible
persons living with the veteran who are determined to be important to the veteran’s care or
well-being.
A veteran for the purpose of VASH is a person whose length of service meets statutory
requirements, and who served in the active military, naval, or air service, was discharged or
released under conditions other than dishonorable, and is eligible for VA health care.
Under VASH, PHAs do not have authority to determine family eligibility in accordance with
HCV program rules and PHA policies. The only reasons for denial of assistance by the PHA
are failure to meet the income eligibility requirements and/or that a family member is subject
to a lifetime registration requirement under a state sex offender registration program. Under
portability, the receiving PHA must also comply with these VASH screening requirements.
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Social Security Numbers
When verifying Social Security numbers (SSNs) for homeless veterans and their family
members, PHAs must use available flexibilities in accordance with 24 CFR 5.216(g)(1)(iii) to
accept self-certification of SSNs and at least one third-party document, such as a bank
statement, utility or cell phone bill, or benefit letter that contains the name of the individual in
the absence of other documentation.
In the case of the homeless veteran, the PHA must accept the Certificate of Release or
Discharge from Active Duty (DD-214) or the VA-verified Application for Health Benefits (10-
10EZ) as verification of SSN if these forms are available and cannot require the veteran to
provide a Social Security card. A VA-issued identification card may also be used to verify the
SSN of a homeless veteran.
Proof of Age
The DD-214 or 10-10EZ must be accepted as proof of age in lieu of birth certificates or other
PHA-required documentation as outlined in Section 7-II.C. of this policy. A VA-issued
identification card may also be used to verify the age of a homeless veteran.
Photo Identification
A VA-issued identification card must be accepted in lieu of another type of government-
issued photo identification.These cards also serve as verification of SSNs and date of birth.
Income Eligibility [FR Notice 8/13/24]
With some exceptions, the PHA must determine income eligibility for VASH families in
accordance with 24 CFR 982.201 and policies in Section 3-II.A. Low-income families (80
percent of AMI) are eligible for assistance under VASH, and PHAs may not condition
eligibility based on additional eligibility criteria specified in its administrative plan. If the family
is over-income based on the most recently published income limits for the family size, the
family will be ineligible for assistance.
The following alternative requirements related to income apply to VASH families:
The PHA must determine the applicant’s annual income for purposes of income eligibility
by excluding all VA service-connected benefits received by the applicant. This special
income exclusion only applies to the definition of annual income for purposes of
determining income eligibility. If the HUD-VASH applicant qualifies as a low-income family
under the alternative requirement, the VA service-connected benefits (with the exception
of the normally excluded deferred VA disability payments under 24 CFR 5.609(b)(16) and
the payments related to aid and attendance under 24 CFR 5.609(b)(17)) must still be
included as annual income when calculating the family’s adjusted income. In other words,
the VA service-connected disability benefits are excluded for purposes of determining
income eligibility but included for purposes of calculating the family’s total tenant payment
(TTP), housing assistance payment (HAP), and family share.
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When a veteran family reports that they have zero income, the PHA must accept a self-
certification of zero income from the family at admission and at reexamination without
taking any additional steps to verify the family is indeed zero income. The self-certification
does not need to be notarized. The PHA must verify families’ income in the Enterprise
Income Verification (EIV) system within 120 days after admission. The PHA may not deny
zero income families.
Regardless of PHA policy, in determining compliance with the asset limitation at
admission, for the VASH program, the PHA must accept a self-certification by the family
that the family’s total assets are equal to or less than the HUD-published asset limitation
amount (adjusted annually) and that the family does not have any present ownership
interest in real property, without taking additional steps to verify the accuracy of the
declaration.
The PHA must not enforce the asset limitation for VASH families at reexamination.
In addition, because there needs to be a monthly housing assistance payment (HAP) in
order to enter into a HAP contract on behalf of a tenant-based voucher family, the
utilization of tenant-based VASH assistance by families determined income-eligible is
limited to those areas where the family’s (TTP) is less than the applicable payment
standard or exception payment standard (including any VASH-specific exception payment
standard established by the PHA). The family must select a unit with a gross rent that is
above the family’s TTP in order to lease a unit with the tenant-based VASH voucher.
While income-targeting does not apply to VASH vouchers, the PHA may include the
admission of extremely low-income VASH families in its income targeting numbers for the
fiscal year in which these families are admitted.
PHA Policy
While income-targeting requirements will not be considered by the PHA when
families are referred by the partnering VAMC, the PHA will include any extremely
low-income VASH families that are admitted in its income targeting numbers for
the fiscal year in which these families are admitted.
Minimum Rent [FR Notice 8/13/24]
PHAs must consider hardship circumstances before charging a minimum rent in accordance
with 24 CFR 5.630(b). The PHA may choose to charge a lower minimum rent (including a
minimum rent of $0) specifically for their VASH program regardless of the minimum rent
policies established in their administrative plan for other HCV families.
PHA Policy
The PHA will establish a minimum rent of $50 for VASH families.
Screening [FR Notice 8/13/24]
The PHA may not screen any potentially eligible family members or deny assistance for any
grounds permitted under 24 CFR §982.552 and §982.553 with one exception: the PHAs is
still required to prohibit admission if any member of the household is subject to a lifetime
registration requirement under a state sex offender registration program. Accordingly, with
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the exception of denial for registration as a lifetime sex offender under state law and PHA
policies on how sex offender screenings will be conducted, PHA policy in Sections 3-III.B.
through 3-III.E. do not apply to VASH. The prohibition against screening families for anything
other than lifetime sex offender status applies to all family members, not just the veteran.
If a family member is subject to lifetime registration under a state sex offender registration
program, the remaining family members may be served if the family agrees to remove the
sex offender from its family composition. This is true unless the family member subject to
lifetime registration under a state sex offender registration program is the homeless veteran,
in which case the family would be denied admission to the program [FR Notice 8/13/24].
Denial of Assistance [Notice PIH 2008-37]
Once a veteran is referred by the VAMC, the PHA must either issue a voucher or deny
assistance. If the PHA denies assistance, it must provide the family with prompt notice of the
decision and a brief statement of the reason for denial in accordance with Section 3-III.F. Like
in the standard HCV program, the family must be provided with the opportunity for an
informal review in accordance with policies in Section 3-III.F. In addition, a copy of the denial
notice must be sent to the VAMC case manager.
19-III.D. CHANGES IN FAMILY COMPOSITION
Adding Family Members [FR Notice 8/13/24]
When adding a family member after the family has been admitted to the program, PHA
policies in Section 3-II.B. apply. Other than the birth, adoption, or court-awarded custody of a
child, the PHA must approve additional family members and will apply its regular screening
criteria in doing so.
Remaining Family Members [HUD-VASH Qs & As]
If the homeless veteran dies while the family is being assisted, the voucher will remain with
the remaining members of the tenant family. The PHA may use one of its own regular
vouchers, if available, to continue assisting this family and free up a VASH voucher for
another VASH-eligible family. If a regular voucher is not available, the family would continue
utilizing the VASH voucher. Once the VASH voucher turns over, however, it must go to a
homeless veteran family.
PHA PLAN
If the veteran dies while receiving assistance, the PHA will use a regular HCV
voucher if available for the remaining family members to free up the VASH
voucher for another veteran.
Family Break Up [HUD-VASH Qs & As]
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In the case of divorce or separation, since the set-aside of VASH vouchers is for veterans,
the voucher must remain with the veteran. This overrides the PHA’s policies in Section 3-I.C.
on how to determine who remains in the program if a family breaks up.
19-III.E. Leasing [FR Notice 8/13/24]
Waiting List
The PHA does not have the authority to maintain a waiting list or apply local preferences for
HUD– VASH vouchers. Policies in Chapter 4 relating to applicant selection from the waiting
list, local preferences, special admissions, cross-listing, and opening and closing the waiting
list do not apply to VASH vouchers.
Exception Payment Standards [FR Notice 8/13/24]
To assist VASH participants in finding affordable housing, especially in competitive markets,
HUD allows PHAs to establish a HUD-VASH exception payment standard. PHAs may go up
to but no higher than 120 percent of the published metropolitan area-wide fair market rent
(FMR) or small area fair market rent (SAFMR) specifically for VASH families. PHAs who want
to establish a VASH exception payment standard over 120 percent are allowed but must still
request a waiver from HUD through the regular waiver process outlined in Notice PIH 2018-
16, or any successor notices.
Exception payment standards implemented by the PHA under this section also apply in
determining rents under 24 CFR 983.301(b) for PBV projects only when the project is
comprised solely of units exclusively made available to VASH families.
The PHA may also establish an exception payment standard up to 140 percent of the
published FMR or SAFMR only to be applied if required as a reasonable accommodation for
a family that includes a person with a disability. Any unit approved under an exception
payment standard must still meet reasonable rent requirements. The PHA may use a
payment standard that is greater than 140 percent of FMR as a reasonable accommodation
for a person with a disability, but only with HUD approval.
Voucher Issuance [FR Notice 8/13/24]
Unlike the standard HCV program, which requires an initial voucher term of at least 60 days,
VASH vouchers must have asearch term of at least 120 days. This applies both to the initial
search term and moves. PHA policies on extensions as outlined in Section 5-II.E. will apply.
PHA Policy
All VASH vouchers will have an initial term of 120 calendar days. The family must
submit a Request for Tenancy Approval and proposed lease within the 120- day
period unless the PHA grants an extension. (See Section 5-II.E)
The PHA must track issuance of HCVs for families referred by the VAMC or DSP in HUD
systems as required inFR Notice 8/13/24.
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Special Housing Types [FR Notice 8/13/24]
The PHA must permit VASH clients to use the following special housing types for tenant-
based VASH assistance, regardless of whether these types are permitted in their
administrative plan for other families:
Single room occupancy (SRO);
Congregate housing;
Group home;
Shared housing; and
Cooperative housing.
Initial Lease Term [FR Notice 8/13/24]
Unlike in the standard the HCV program, VASH voucher holders may enter into an initial
lease that is for less than 12 months. Accordingly, PHA policy in Section 9-I.E., Term of
Assisted Tenancy, does not apply.
Ineligible Housing [FR Notice 8/13/24]
Unlike in the standard HCV program, VASH families are permitted to live on the grounds of a
VA facility in units developed to house homeless veterans. Therefore, 24 CFR §982.352(a)(5)
and §983.53(a)(2), which prohibit units on the physical grounds of a medical, mental, or
similar public or private institution, do not apply to VASH for this purpose only. Accordingly,
PHA policy in 9-I.D., Ineligible Units, does not apply for this purpose only.
Pre-Inspections [FR Notice 8/13/24]
To expedite the leasing process, PHAs may pre-inspect available units that veterans may be
interested in leasing in order to maintain a pool of eligible units. If a VASH family selects a
unit that passed an inspection (without intervening occupancy) within 90 days of the date of
the Request for Tenancy Approval (Form HUD-52517), the unit may be approved if it meets
all other conditions under 24 CFR §982.305. However, the veteran must be free to select his
or her unit and cannot be steered to these units. All regulatory requirements pertaining to
housing quality standards found at 24 CFR 5.703 apply to HUD-VASH.
PHA Policy
To expedite the leasing process, the PHA may pre-inspect available units that
veterans may be interested in leasing to maintain a pool of eligible units.
If a VASH family selects a unit that passed a HQS pre-inspection (without
intervening occupancy) within 45 days of the date of the RFTA, the unit may be
approved provided that it meets all other conditions under 24 CFR §982.305. The
veteran will be free to select his or her unit.
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When a pre-inspected unit is not selected, the PHA will make every effort to fast-
track the inspection process, including adjusting the normal inspection schedule
for both initial and any required reinspections.
19-III.F. Portability [Notice PIH 2011-53 and FR Notice 8/13/24]
General Requirements
Portability policies under VASH depend on whether the family wants to move
within or outside of the initial VA facility’s catchment area (the area in which the
VAMC or CBOC operates). In all cases, the initial VA facility must be consulted
prior to the move and provide written confirmation that case management will
continue to be provided in the family’s new location.
Under VASH, applicant families may move under portability even if the family did
not have legal residency in the jurisdiction of the initial PHA when they applied. As
a result, PHA policies in Section 10-II.B. about nonresident applicants do not
apply. A family that moves under the portability procedures must not be subject to
rescreening by the receiving PHA.
If the family no longer requires case management, there are no portability
restrictions. Normal portability rules apply.
Portability within the Initial VAMC’s or DSP’s Catchment Area
A VASH family can move within the VAMC’s catchment area as long as case
management can still be provided, as determined by the VA. If the initial PHA’s
partnering VAMC will still provide the case management services, the receiving
PHA must process the move in accordance with portability procedures:
If the receiving PHA has been awarded VASH vouchers, it can choose to either bill
the initial PHA or absorb the family if it has a VASH voucher available to do so.
o
If the PHA absorbs the family, the VAMC or CBOC providing the initial case
management must agree to the absorption and the transfer of case
management.
If the receiving PHA does not administer a VASH program, it must always bill the
initial PHA.
Portability Outside of the Initial VAMC’s or DSP’s Catchment Area
If a family wants to move to another jurisdiction where it will not be possible for the initial
PHA’s partnering VAMC or CBOC to provide case management services, the initial
VAMC must first confirm that the new VAMC has an available VASH case management
slot and the new VAMC’s partner PHA has an available VASH voucher.
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After acceptance of the veteran by the new VAMC, the new VAMC will refer the veteran to its
partner PHA. In these cases, the family must be absorbed by the receiving PHA either as a
new admission or as a portability move-in, as applicable. Upon absorption, the initial PHA’s
VASH voucher will be available to lease to a new VASH-eligible family, and the absorbed
family will count toward the number of VASH slots awarded to the receiving PHA.
Portability Outside of the Initial VAMC or DSP’s Catchment Area under VAWA
Veterans who request to port beyond the catchment area of the VAMC where they are
receiving case management to protect the health or safety of a person who is or has been the
victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking,
and who reasonably believes they are threatened with imminent harm from further violence
by remaining in the unit may port prior to receiving approval from the receiving VAMC. The
initial PHA must follow its emergency transfer plan (see Exhibit 16-3). PHAs may require
verbal self-certification or a written request from a participant seeking a move beyond the
catchment area of the VAMC or DSP.
The verbal self-certification or written request must include either a statement expressing why
the participant reasonably believes that there is a threat of imminent harm from further
violence if they were to remain in the same unit or a statement that the tenant was a sexual
assault victim and that the sexual assault occurred on the premises during the 90-day period
preceding the participants request for the move.
The participant must still port to a PHA that has a VASH program. If the receiving PHA does
not have a VASH voucher available to lease, they may bill the initial PHA until a VASH
voucher is available, at which point the porting veteran must be absorbed into the receiving
PHA’s program.
19-III.G. Termination of Assistance [FR Notice 8/13/24]
Prior to terminating VASH participants, HUD strongly encourages PHAs to exercise their
discretion under 24 CFR §982.552(c)(2) as outlined in Section 12-II.D. of this policy and
consider all relevant circumstances of the specific case. This includes granting reasonable
accommodations for persons with disabilities, as well as considering the role of the case
manager and the impact that ongoing case management services can have on mitigating the
conditions that led to the potential termination.
VASH participant families may not be terminated after admission for a circumstance or
activities that occurred prior to admission and were known to the PHA but could not be
considered at the time of admission due to VASH program requirements. The PHA may
terminate the family’s assistance only for program violations that occur after the family’s
admission to the program.
There are two alternative requirements for termination of assistance for VASH participants.
Cessation of Case Management
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As a condition of receiving HCV rental assistance, a HUD-VASH-eligible family must receive
case management services from the VAMC or DSP. A VASH participant family’s assistance
must be terminated for failure to participate, without good cause, in case management as
verified by the VAMC or DSP. However, the PHA may offer the family continued assistance
through one of its regular vouchers or a PBV unit not exclusively made available for HUD-
VASH.
However, a VAMC or CBOC determination that the participant family no longer requires case
management is not grounds for termination of assistance and the family is still eligible for
assistance under the HCV program. In such a case, at its option, the PHA may offer the
family continued HCV assistance through one of its regular vouchers. The decision to transfer
assistance to a regular voucher must consider veteran preference and must be
communicated to the VA prior to occurring. If the PHA has no voucher to offer, the family will
retain its VASH voucher, or PBV unit, until such time as the PHA has an available voucher (or
PBV unit not exclusively made available for VASH) for the family. If the PHA has no voucher
to offer, the family will retain its VASH voucher until such time as the PHA has an available
voucher for the family.
Serious Violation of the Lease
The regulation at 24 CFR 982.552(b)(2) states that the PHA must terminate program
assistance for a family evicted from housing assisted under the program for serious violation
of the lease. HUD waived this provision, and establishing the alternative requirement that the
PHA may terminate program assistance in this case. Prior to terminating VASH participants
for this reason, HUD strongly encourages PHAs to exercise their discretion under 24 CFR
982.552(c)(2) and consider all relevant circumstances of the specific case, as well as
including the role of the case manager and the impact that ongoing case management
services can have on mitigating the conditions that led to the potential termination, prior to
determining whether to terminate assistance.
VAWA [FR Notice 8/13/24]
When a veteran’s family member is receiving protection under VAWA because the veteran is
the perpetrator of domestic violence, dating violence, sexual assault, stalking, or human
trafficking, the victim must continue to be assisted. Upon termination of the perpetrator’s
VASH assistance, the victim should be given a regular HCV if one is available, and the
perpetrator’s VASH voucher should be used to serve another eligible veteran family. If a
regular HCV is not available, the perpetrator must be terminated from assistance and the
victim will continue to use the VASH voucher.
19-III.H. PROJECT-BASING VASH VOUCHERS
General Requirements [Notice PIH 2017-21andand FR Notice 8/13/24]
PHAs are authorized to project-base their tenant-based VASH vouchers without additional
HUD review or approval in accordance with Notice PIH 2017-21 and all PBV program
requirements provided that the VAMC will continue to make supportive services available. In
addition, since 2010, HUD has awarded VASH vouchers specifically for project-based
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assistance in the form of PBV HUD-VASH set-aside vouchers. While these vouchers are
excluded from the PBV program cap as long as they remain under PBV HAP contract at the
designated project, all other VASH vouchers are subject to the PBV program percentage
limitation discussed in Section 17-I.A. Note that VASH supportive services only need to be
provided to VASH families receiving PBV assistance in the project, not all families receiving
PBV assistance in the project. If a VASH family does not require or no longer requires case
management, the unit continues to count as an excepted PBV unit as long as the family
resides in the unit. In the description of units in Exhibit A of the HAP contract, PHAs must
indicate the number of units that will be exclusively made available to VASH families. The
PHA must refer only VASH families to PBV units exclusively made available to VASH families
and to PBV units funded through a VASH PBV set-aside award.
If the PHA project-bases VASH vouchers, the PHA must consult with the partnering VAMC or
DSP to ensure approval of the project or projects. PHAs may project-base VASH vouchers in
projects alongside other PBV units and may execute a single HAP contract covering both the
VASH PBVs and the other PBVs. The PHA must refer only VASH families to PBV units
exclusively made available to VASH families and to PBV units funded through a HUD set-
aside award.
If a VASH family is referred to the PHA and there is an available PBV unit that is not
exclusively made available to VASH families, the PHA may offer to refer the family to the
owner if allowable under the selection policy for that project, and the owner and PHA may
amend the HAP contract to designate the PBV unit as a VASH PBV unit.
The PHA and owner may agree to amend a PBV HAP contract to redesignate a regular PBV
unit as a unit specifically designated for VASH families so long as the PHA first consults with
the VAMC or DSP. Additionally, the PHA and owner may agree to amend a PBV HAP
contract to redesignate a unit specifically designated for VASH families as a regular PBV unit,
so long as the unit is not funded through a VASH PBV set-aside award and is eligible for
regular PBV (i.e., the unit is not on the grounds of a medical facility and the unit is eligible
under the PHA’s program and project caps).
Policies for VASH PBV units will generally follow PHA policies for the standard PBV program
as listed in Chapter 17, with the exception of the policies listed below.
Ineligible Units
Unlike in the regular PBV program, the PHA may opt to select an occupied unit or admit a
family to a unit if such unit is made exclusively available to VASH families if the PBV project
is either on the grounds of a VA facility or there are VASH supportive services provided on-
site at the project.
Termination of Assistance
A VASH family’s PBV assistance must be terminated for failure to participate in case
management when required by the VA. However, the PHA may allow the veteran family to
receive a regular (non-VASH) tenant-based voucher or PBV unit instead of the family’s
assistance being terminated. In this case, the PHA may:
Substitute the family’s unit on the PBV HAP contract for another unit (the PHA may, in
conjunction with such substitution, add the original unit to the PBV HAP contract with a
non-VASH voucher if it is possible to do so;
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Remove the unit from the PBV HAP contract so the family may remain with tenant-based
assistance, if the family and the owner agree to use the tenant-based voucher in the unit;
or
Change the unit’s status in the PBV HAP contract from a unit exclusively made available
for VASH to a regular PBV unit, if doing so is allowable under program rules.
If the PHA will not allow the veteran to receive a regular (non-VASH) tenant-based voucher or
PBV unit instead of the family’s assistance being terminated, then upon notification by the VA
of the family’s failure to participate in VA-required case management, the PHA must provide
the family a reasonable period of time (as established by the PHA) to vacate the unit.
PHA Policy
If the family fails to participate in case management when required by the VA, the PHA
will terminate the family’s assistance. The family will have 120 days to vacate the unit.
The PHA will terminate assistance to the family at the earlier of (1) the time the family
vacates or (2) the expiration of the 120-day period. If the family fails to vacate the unit
within the established time, the owner may evict the family. If the owner does not evict
the family, the PHA will remove the unit from the HAP contract or amend the HAP
contract to substitute a different unit in the project if the project is partially assisted.
The PHA may add the removed unit back onto the HAP contract after the ineligible
family vacates the property.
Moves
If a VASH family is eligible to move from its PBV unit after a year of PBV assistance, the
PHA will generally follow policies in Chapter 17. However, if there is no VASH tenant-based
voucher available at the time the family requests to move, the PHA’s actions depend on
whether the family still requires case management.
The PHA may require a family that still requires case management to wait for a VASH
tenant-based voucher for a period not to exceed 180 days. If a HUD-VASH tenant-based
voucher is still not available after 180 days, the family must be allowed to move using its
VASH voucher as tenant-based assistance. Alternatively, the PHA may allow the family to
move using its VASH voucher as tenant-based assistance without having to meet this 180
-day waiting period. In either case, the PHA may either amend the PBV HAP contract to
replace the assistance in the PBV unit with one of its regular vouchers if the unit is eligible
for a regular PBV or the PHA and owner may agree to temporarily remove the unit from
the HAP contract.
If a VASH veteran has been determined to no longer require case management, the PHA
must allow the family to move with the first available tenant-based voucher. If no VASH
voucher is immediately available, the PHA may not require the family to wait for a VASH
voucher to become available.
Wrong-Sized or Accessible Units
If the PHA determines that a VASH family is occupying a wrong-size PBV unit or a PBV unit
with accessibility features that the family does not require and the PBV unit is needed by a
family that requires the accessibility features, the PHA must notify the family and the owner
within 30 days of the PHA’s determination. The PHA’s offer of continued housing assistance
(that must be made within 60 days of the PHA’s determination) must be in the form of either a
VASH tenant-based voucher or another VASH PBV unit. If no VASH assistance is available
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for the PHA to offer within 60 days of the PHA’s determination, the PHA must remove the
wrong-sized or accessible unit from the HAP contract to make VASH voucher assistance
available to the family.
Contract Terminations
The regulation at 24 CFR 983.206(b), which covers the required provision of tenant-based
assistance and requires that the family may elect to use its tenant-based assistance to
remain in the same project when a PBV HAP contract terminates or expires, does not apply
to families issued a HUD-VASH tenant-based voucher under this circumstance. The PHA
may use another voucher to add the unit removed under this alternative requirement to the
HAP contract after the family vacates the property, in accordance with 24 CFR 983.207(b).
Rents
Contract rents may not be different based on whether the unit is a VASH PBV unit or a non-
VASH PBV unit. In determining the rent to owner for the PBV project, if the cap on the
amount of rent to owner under 24 CFR 983.301(b)(1) is lower for non-HUD-VASH units than
it is for the HUD-VASH units (e.g., the PHA has established a HUD-VASH exception payment
standard and there is either no exception payment standard or a lower exception payment
standard for the regular HCV program for the area in question), that lower cap is applicable
when setting the rent to owner for the PBV units in the project, including the HUD-VASH
units.
Removing Units from the HAP Contract for Ineligible Families
The PHA and owner may also agree to temporarily remove a unit from the HAP contract in
cases where a HUDVASH eligible veteran has been identified by the VA as appropriate for a
VASH PBV unit, but the veteran is not income eligible to receive voucher assistance or may
not be selected for the PBV unit because the family’s TTP exceeds the gross rent of the unit.
Although the family would not be a program participant in the housing portion of the VASH
program in such a case, the family would still benefit from the project’s location on the
grounds of a VA facility or from the VASH supportive services on-site at the project, while the
VASH voucher would be available to assist another VASH family. The PHA and owner may
agree to add a VASH voucher back onto the PBV HAP contract if the family’s income
subsequently decreased to the point that there would be a HAP or when the family vacates
the unit.
Zero HAP Families
Under normal PBV requirements, the PHA may select an occupied unit to be included under
a PBV HAP contract only if the unit’s occupants are eligible for assistance under 24 CFR
982.201, and the TTP for the family is less than the gross rent for the unit. Furthermore, in
selecting a family for an available PBV unit, typically the PHA must determine the TTP for the
family is less than the gross rent, meaning that the unit will be eligible for a monthly HAP.
However, if the PBV project is either on the grounds of a VA facility or there are HUD-VASH
supportive services provided onsite at the project, the PHA may opt to select a unit occupied
by a zero HAP VASH eligible family or admit a zero HAP VASH family to a unit if such unit is
made exclusively available to VASH families. Until such time that the VASH family’s TTP falls
below the gross rent, the family is responsible for paying the entire rent to owner in addition
to being responsible for paying all tenant-supplied utilities. During any period that the family’s
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TTP falls below the gross rent, normal PBV requirements apply.
Further, under normally applicable rules, units occupied by families whose incomes have
increased during their tenancy resulting in their TTP equaling the gross rent (zero HAP) must
be removed from the HAP contract 180 days following the last housing assistance payment
to the owner on the family’s behalf. These regulations do not apply to zero HAP families
admitted to the PBV project under this waiver and alternative requirement because there is
no last housing assistance payment that would trigger the unit removal date of 180 days. As
an alternative requirement, PHAs have the option of removing the unit in which the zero HAP
family resides from the HAP contract, but no earlier than 180 days from the start of the family
PBV tenancy. If the PHA exercises this option, the family may not be required to move from
the unit as a consequence and continues to receive the VASH supportive services. If the
project is fully assisted, the PHA may reinstate the unit removed to the HAP contract after the
family either vacates the unit or their income decreases to the point that there would be a
HAP. If the project is partially assisted, the PHA may substitute a different unit for the unit
removed from the HAP contact when the first eligible substitute unit becomes available.
Alternatively, the PHA may choose to simply leave the unit on the HAP contract while the
zero HAP family continues to reside there.
Proposal/Project Selection
PBV proposal and/or project selection for VASH must follow all regular proposal and/or
project selection regulations, with one exception. HUD permits noncompetitive selection of
one or more PBV projects with units made exclusively available to VASH families on the site
of a VA facility. Note that the method of project selection must comply with all other
requirements under 24 CFR 983.51, including that the PHA must notify the public of its intent
to noncompetitively select one or more projects for PBV assistance through its 5-Year Plan
and to ensure any project selection is consistent with the PHA administrative plan.
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Failure to Participate in Case Management [FR Notice 8/13/24]
Upon notification by the VAMC or DSP of the family’s failure to participate, without good
cause, in case management, the PHA must provide the family a reasonable time period to
vacate the unit. The PHA must terminate assistance to the family at the earlier of either the
time the family vacates or the expiration of the reasonable time period given to vacate.
PHA Policy
Upon notification by the VAMC or DSP that a VASH PBV family has failed to
participate in case management without good cause, the PHA will provide written
notice of termination of assistance to the family and the owner within 10 business
days. The family will be given 120 days from the date of the notice to move out of the
unit.
The PHA may make exceptions to this 120-day period if needed for reasons beyond
the family’s control such as death, serious illness, or other medical emergency of a
family member.
If the family fails to vacate the unit within the established time, the owner may evict the family.
If the owner does not evict the family, the PHA must remove the unit from the HAP contract
or amend the HAP contract to substitute a different unit in the project if the project is partially
assisted. The PHA may add the removed unit to the HAP contract after the ineligible family
vacates the property.
Moves [HUD-VASH Qs & As, FR Notice 8/13/24]
When a VASH PBV family is eligible to move from its PBV unit in accordance with Section 17
- VIII.C. of this policy, but there is no other comparable tenant-based rental assistance, the
following procedures must be implemented:
If a VASH tenant-based voucher is not available at the time the family wants (and is eligible) to
move, the PHA may require a family who still requires case management to wait for a VASH
tenant-based voucher for a period not to exceed 180 days;
If a VASH tenant-based voucher is still not available after that period, the family must be
allowed to move with its VASH voucher. Alternatively, the PHA may allow the family to move
with its VASH voucher without having to meet this 180-day period. In either case, the PHA is
required to replace the assistance in the PBV unit with one of its regular vouchers, unless the
PHA and owner agree to temporarily remove the unit from the HAP contract; and
If a VASH veteran is determined to no longer require case management, the PHA
must allow the family to move with the first available tenant-based voucher if no VASH
voucher is immediately available and cannot require the family to wait for a VASH
voucher to become available.
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GLOSSARY
A.
ACRONYMS USED IN HOUSING CHOICE VOUCHER (HCV) PROGRAM
ACC
Annual contributions contract
ADA
Americans with Disabilities Act of 1990
AIDS
Acquired immune deficiency syndrome
BR
Bedroom
CDBG
Community Development Block Grant (Program)
CFR
Code of Federal Regulations (published federal rules that define and
implement laws; commonly referred to as “the regulations”)
CPI
Consumer price index (published monthly by the Department of Labor as an
inflation indicator)
EIV
Enterprise Income Verification
FDIC
Federal Deposit Insurance Corporation
FHA
Federal Housing Administration (HUD Office of Housing)
FHEO
Fair Housing and Equal Opportunity (HUD Office of Housing)
FICA
Federal Insurance Contributions Act (established Social Security taxes)
FMR
Fair market rent
FR
Federal Register
FSS
Family Self-Sufficiency (Program)
FY
Fiscal year
FYE
Fiscal year end
GAO
Government Accountability Office
GR
Gross rent
HA
Housing authority or housing agency
HAP
Housing assistance payment
HCV
Housing choice voucher
HIP
Housing Information Portal
HOTMA
Housing Opportunity Through Modernization Act
HQS
Housing Quality Standards
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HUD
Department of Housing and Urban Development
HUDCLIPS
HUD Client Information and Policy System
IPA
Independent public accountant
IRA
Individual Retirement Account
IRS
Internal Revenue Service
IVT
Income Validation Tool
JTPA
Job Training Partnership Act
LBP
Lead-based paint
LEP
Limited English proficiency
LIHTC
Low Income Housing Tax Credit
MSA
Metropolitan statistical area (established by the U.S. Census Bureau)
MTW
Moving to Work
NOFA
Notice of funding availability
NSPIRE
National Standards for the Physical Inspection of Real Estate
OGC
HUD’s Office of General Counsel
OIG
HUD’s Office of Inspector General
OMB
Office of Management and Budget
PASS
Plan for Achieving Self-Support
PBV
Project Based Voucher
PHA
Public housing agency
PIH
(HUD Office of) Public and Indian Housing
PS
Payment standard
QC
Quality control
RAD
Rental Assistance Demonstration
REAC
(HUD) Real Estate Assessment Center
RFP
Request for proposals
RFTA
Request for tenancy approval
RIGI
Regional inspector general for investigation (handles fraud and program
abuse matters for HUD at the regional office level)
RVI
Remote Video Inspection
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SEMAP
Section 8 Management Assessment Program
SRO
Single room occupancy
SSA
Social Security Administration
SSI
Supplemental security income
SSN
Social Security Number
SWICA
State wage information collection agency
TANF
Temporary assistance for needy families
TPV
Tenant protectection vouchers
TR
Tenant rent
TTP
Total tenant payment
UA
Utility allowance
UFAS
Uniform Federal Accessibility Standards
UIV
Upfront Income Verification
URP
Utility reimbursement payment
VAWA
Violence Against Women Act
VCA
Voluntary Compliance Agreement
VMS
Voucher Management System
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B.
GLOSSARY OF SUBSIDIZED HOUSING TERMS
Abatement. Stopping HAP payments to an owner with no potential for retroactive
payment.
Absorption. In portability (under subpart H of this part 982): the point at which a receiving
PHA stops billing the initial PHA for assistance on behalf of a portability family. The
receiving PHA uses funds available under the receiving PHA consolidated ACC.
Accessible. The facility or portion of the facility can be approached, entered, and used by
individuals with physical handicaps.
Adjusted Income. Annual income, less allowable HUD deductions.
Adjusted Annual Income. Same as Adjusted Income.
Administrative fee. Fee paid by HUD to the PHA for administration of the program. See
§982.152.
Administrative Plan. The plan that describes PHA policies for administration of the
tenant-based programs. The Administrative Plan and any revisions must be approved
by the PHA’s board and included as a supporting document to the PHA Plan. See
§982.54.
Admission. The point when the family becomes a participant in the program. The date
used for this purpose is the effective date of the first HAP contract for a family (first day
of initial lease term) in a tenant-based program.
Affiliated individual. With respect to an individual, a spouse, parent, brother, sister, or
child of that individual, or an individual to whom that individual stands in loco parentis
(in the place of a parent), or any individual, tenant, or lawful occupant living in the
household of that individual.
Amortization payment. In a manufactured home space rental: The monthly debt service
payment by the family to amortize the purchase price of the manufactured home.
Annual. Happening once a year.
Annual contributions contract (ACC). The written contract between HUD and a PHA
under which HUD agrees to provide funding for a program under the 1937 Act, and the
PHA agrees to comply with HUD requirements for the program.
Prior to PHA implementation of HOTMA 102/104: Annual income. The anticipated
total income of an eligible family from all sources for the 12-month period following the
date of determination of income, computed in accordance with the regulations.
Upon PHA implementation of HOTMA 102/104: Annual Income. All amounts not
specifically excluded in 24 CFR 5.609(b), received from all sources by each member
of the family who is 18 years of age or older or is the head of household, spouse or
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cohead, plus unearned income by or on behalf of each dependent who is under 18
years of age.
Applicant (applicant family). A family that has applied for admission to a program but is
not yet a participant in the program.
Area Exception Rent. An amount that exceeds the published FMR. See §982.504(b).
“As-paid” States. States where the welfare agency adjusts the shelter and utility
component of the welfare grant in accordance with actual housing costs.
Assets. (See Net Family Assets.)
Authorized voucher units. The number of units for which a PHA is authorized to make
assistance payments to owners under its annual contributions contract.
Auxiliary aids. Services or devices that enable persons with impaired sensory, manual,
or speaking skills to have an equal opportunity to participate in, and enjoy the benefits
of, programs or activities receiving Federal financial assistance.
Biennial. Happening every two years.
Bifurcate. With respect to a public housing or Section 8 lease, to divide a lease as a
matter of law such that certain tenants can be evicted or removed while the remaining
family members’ lease and occupancy rights are allowed to remain intact.
Budget authority. An amount authorized and appropriated by the Congress for payment
to HAs under the program. For each funding increment in a PHA program, budget
authority is the maximum amount that may be paid by HUD to the PHA over the ACC term
of the funding increment.Building. A structure with a roof and walls that contains one or
more dwelling units.
Child. A member of the family other than the family head or spouse who is under 18
years of age.
Childcare expenses. Amounts anticipated to be paid by the family for the care of children
under 13 years of age during the period for which annual income is computed, but only
where such care is necessary to enable a family member to actively seek employment,
be gainfully employed, or to further their education and only to the extent such
amounts are not reimbursed. The amount deducted shall reflect reasonable charges
for child care. In the case of child care necessary to permit employment, the amount
deducted shall not exceed the amount of employment income that is included in
annual income.
Citizen. A citizen or national of the United States.
Cohead. An individual in the household who is equally responsible for the lease with the
head of household. A family may have a cohead or spouse but not both. A cohead
never qualifies as a dependent. The cohead must have legal capacity to enter into a
lease.
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Common space. In shared housing: Space available for use by the assisted family and
other occupants of the unit.
Computer match. The automated comparison of data bases containing records about
individuals.
Confirmatory review. An on-site review performed by HUD to verify the management
performance of a PHA.
Consent form. Any consent form approved by HUD to be signed by assistance
applicants and participants to obtain income information from employers and SWICAs;
return information from the Social Security Administration (including wages, net
earnings from self-employment, and retirement income); and return information for
unearned income from the IRS. Consent forms expire after a certain time and may
authorize the collection of other information to determine eligibility or level of benefits.
Congregate housing. Housing for elderly persons or persons with disabilities that meets
the HQS/NSPIRE for congregate housing. A special housing type: see §982.606 to
§982.609.
Contiguous MSA. In portability (under subpart H of part 982): An MSA that shares a
common boundary with the MSA in which the jurisdiction of the initial PHA is located.
Continuously assisted. An applicant is continuously assisted under the 1937 Act if the
family is already receiving assistance under any 1937 Housing Act program when the
family is admitted to the voucher program.
Contract. (See Housing Assistance Payments Contract.)
Contract authority. The maximum annual payment by HUD to a PHA for a funding
increment.
Cooperative (term includes mutual housing). Housing owned by a nonprofit corporation
or association, and where a member of the corporation or association has the right to
reside in a particular apartment, and to participate in management of the housing. A
special housing type: see §982.619.
Covered families. Statutory term for families who are required to participate in a welfare
agency economic self-sufficiency program and who may be subject to a welfare
benefit sanction for noncompliance with this obligation. Includes families who receive
welfare assistance or other public assistance under a program for which Federal, State
or local law requires that a member of the family must participate in an economic self-
sufficiency program as a condition for the assistance.
Dating violence. Violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim; and where the existence of
such a relationship shall be determined based on a consideration of the following
factors:
The length of the relationship
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The type of relationship
The frequency of interaction between the persons involved in the relationship
Upon PHA implementation of HOTMA 102/104: Day laborer. An individual hired and paid
one day at a time without an agreement that the individual will be hired or work again in
the future.
Upon PHA implementation of HOTMA 102/104: De minimis error. An error that results
in a difference in the determination of a family’s adjusted income of $30 or less per month.
Dependent. A member of the family (except foster children and foster adults) other than
the family head or spouse, who is under 18 years of age, or is a person with a disability,
or is a full-time studentDependent child. In the context of the student eligibility
restrictions, a dependent child of a student enrolled in an institution of higher education.
The dependent child must also meet the definition of dependent as specified above.
Disability assistance expenses. Reasonable expenses that are anticipated, during the
period for which annual income is computed, for attendant care and auxiliary
apparatus for a disabled family member and that are necessary to enable a family
member (including the disabled member) to be employed, provided that the expenses
are neither paid to a member of the family nor reimbursed by an outside source.
Disabled family. A family whose head, spouse, or sole member is a person with
disabilities; or two or more persons with disabilities living together; or one or more
persons with disabilities living with one or more live-in aides.
Disabled person. See Person with Disabilities.
Displaced family. A family in which each member, or whose sole member, is a person
displaced by governmental action, or a person whose dwelling has been extensively
damaged or destroyed as a result of a disaster declared or otherwise formally
recognized pursuant to Federal disaster relief laws.
Domestic violence. Felony or misdemeanor crimes committed by a current or former
spouse or intimate partner of the victim under the family or domestic violence laws of the
jurisdiction receiving grant funding, and in the case of victim services, includes the user or
attempted use of physical abuse or sexual abuse, or a pattern of any other coercive
behavior committed, enabled, or solicited to gain or maintain power and control over a
victim, including verbal, psychological, economic, or technological abuse that may or may
not constitute criminal behavior, by a person who is:
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- The current or former spouse or intimate partner of the victim, or person similarly
situated to a spouse or intimate partner of the victim
- A person who is cohabitating or has cohabitated with the victim as a spouse or intimate
partner
- A person with whom the victim shares a child in common
-
A person who commits acts against a youth or adult victim who is protected from those acts under the
domestic or family violence laws of the jurisdiction
Domicile. The legal residence of the household head or spouse as determined in
accordance with State and local law.
Drug-related criminal activity. 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.Upon
PHA implementation of HOTMA 102/104: Earned income. 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, social security, and governmental subsidies for certain benefits), or any cash or in-
kind benefits.Economic abuse. Behavior that is coercive, deceptive, or unreasonably
controls or restrains a person’s ability to acquire, use, or maintain economic resources to
which they are entitle, including using coercion, fraud, and manipulation to:
- Restrict a person’s access to money, assets, credit, or financial information
- Unfairly use a person’s personal economic resources, including money, assets, and
credit, for one’s own advantage
Exert undue influence over a person’s financial and economic behavior or decisions, including forcing
default on joint or other financial obligations, exploiting powers of attorney, guardianship, or
conservatorship, or to whom one has a fiduciary duty
Economic Self-Sufficiency Program. Any program designed to encourage, assist, train,
or facilitate the economic independence of assisted families, or to provide work for
such families. Can include job training, employment counseling, work placement, basic
skills training, education, English proficiency, Workfare, financial or household
management, apprenticeship, or any other program necessary to ready a participant to
work (such as treatment for drug abuse or mental health treatment). Includes any work
activities as defined in the Social Security Act (42 U.S.C. 607(d)). Also see §5.603(c).
Elderly family. A family whose head, spouse, or sole member is a person who is at least
62 years of age; or two or more persons who are at least 62 years of age living
together; or one or more persons who are at least 62 years of age living with one or
more live-in aides.
Elderly Person. An individual who is at least 62 years of age.
Eligible Family. A family that is income eligible and meets the other requirements of the
Act and Part 5 of 24 CFR. See also family.
Employer Identification Number (EIN). The nine-digit taxpayer identifying number that is
assigned to an individual, trust, estate, partnership, association, company, or
corporation.
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Evidence of citizenship or eligible status. The documents which must be submitted to
evidence citizenship or eligible immigration status. (See §5.508(b).)
Extremely Low-Income Family. A family whose annual income does not exceed the
higher of 30 percent of area median income or the federal poverty level.
Fair Housing Act means title VIII of the Civil Rights Act of 1968, as amended by the Fair
Housing Amendments Act of 1988.
Fair market rent (FMR). The rent, including the cost of utilities (except telephone), as
established by HUD for units of varying sizes (by number of bedrooms), that must be
paid in the housing market area to rent privately owned, existing, decent, safe and
sanitary rental housing of modest (non-luxury) nature with suitable amenities.. In the
HCV program, the FMR may be established at the ZIP code level (see definition of
Small Area Fair Market Rents), metropolitan area level, or nonmetropolitan county
level .
Family. Includes but is not limited to the following, regardless of actual or perceived
sexual orientation, gender identity, or marital status, and can be further defined in PHA
policy. Family includes a single person, who may be:
o
An elderly person, displaced person, disabled person, near-elderly
person, or any other single person;
o
Upon PHA implementation of HOTMA 102/104: An otherwise eligible
youth who has attained at least 18 years of age and not more than 24
years of age and who 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 is
homeless or is at risk of becoming homeless at age 16 or older; or
Family also includes a group of persons residing together, and such group includes, but is
not limited to:
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);
An elderly family;
A near-elderly family;
A displaced family; and
The remaining member of a tenant family
Family rent to owner. In the voucher program, the portion of rent to owner paid by the
family.
Family self-sufficiency program (FSS program). The program established by a PHA
within its jurisdiction, to promote self-sufficiency among participating families, including
the coordination of supportive services for these families [24 CFR §984.103].
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Family share. The portion of rent and utilities paid by the family. For calculation of family
share, see §982.515(a).
Family unit size. The appropriate number of bedrooms for a family, as determined by the
PHA under the PHA subsidy standards.
Federal agency. A department of the executive branch of the federal government.
Upon PHA implementation of HOTMA 102/104: Foster adult. A member of the
household who is 18 years of age or older and meets the definition of a foster adult
under state law. In general, a foster adult is a person who is 18 years of age or older,
is unable to live independently due to a debilitating physical or mental condition, and is
placed with the family by an authorized placement agency or by judgment, decree, or
other order of any court of competent jurisdiction.
Upon PHA implementation of HOTMA 102/104: Foster child. A member of the
household who meets the definition of a foster child under state law. In general, a
foster child is placed with the family by an authorized placement agency (e.g., public
child welfare agency) or by judgment, decree, or other order of any court of competent
jurisdiction.
Foster Childcare Payment. Payment to eligible households by state, local, or private
agencies appointed by the State, to administer payments for the care of foster
children.
Full-time Student. A person who is attending school or vocational training on a full-time
basis (carrying a subject load that is considered full-time for day students under the
standards and practices of the educational institution attended). (CFR 5.603)
Funding increment. Each commitment of budget authority by HUD to a PHA under the
consolidated annual contributions contract for the PHA program.
Gender identity. Actual or perceived gender-related characteristics.
Gross rent. The sum of the rent to owner plus any utility allowance.
Group home. A dwelling unit that is licensed by a State as a group home for the
exclusive residential use of two to twelve persons who are elderly or persons with
disabilities (including any live-in aide). A special housing type: see §982.610 to
§982.614.
Handicap. Any condition or characteristic that renders a person an individual with
handicaps. See 24CFR §8.3.
Handicap Assistance Expense. See “Disability Assistance Expense.”
HAP contract. Housing assistance payments contract. (Contract). A written contract
between the PHA and an owner for the purpose of providing housing assistance
payments to the owner on behalf of an eligible family.
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Head of household. The adult member of the family who is the head of the household for
purposes of determining income eligibility and rent.
Health and medical care expenses. Any costs incurred in 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.
Household. A household includes additional people other than the family who, with the
PHA’s permission, live in an assisted unit, such as live-in aides, foster children, and
foster adults.
Housing assistance payment. The monthly assistance payment by a PHA, which
includes: (1) A payment to the owner for rent to the owner under the family's lease;
and (2) An additional payment to the family if the total assistance payment exceeds
the rent to owner.
Housing agency (HA). See public housing agency.
Housing Quality Standards. The HUD minimum quality standards developed by HUD in
accordance with 24 CFR 5.703 for the HCV program, including any variations
approved by HUD for the PHA under 24 CFR 5.705(a)(3).
HUD. The Department of Housing and Urban Development.
Human trafficking. A crime involving the exploitation of a person for labor, services, or
commercial sex. The Trafficking Victims Protection Act of 2000 and its subsequent
reauthorizations recognize and define two primary forms of human trafficking:
- Sex trafficking is the recruitment, harboring, transportation, provision, obtaining,
patronizing, or soliciting of a person for the purpose of a commercial sex act in which a
commercial sex act is induced by force, fraud, or coercion, or in which the person
induced to perform such act has not attained 18 years of age. See 22 U.S.C. §
7102(11)(A).
- Forced labor is the recruitment, harboring, transportation, provision, or obtaining of a
person for labor or services, through the use of force, fraud, or coercion for the purpose
of subjection to involuntary servitude, peonage, debt bondage, or slavery. See 22
U.S.C. § 7102(11)(B).
Imputed asset income. HUD passbook rate multiplied by the total cash value of assets.
The calculation is used when net family assets exceed $5,000.
Income For Eligibility. Annual Income.
Upon PHA implementation of HOTMA 102/104: Independent contractor. An individual
who qualifies as an independent contractor instead of an employee in accordance with
the Internal Revenue Code Federal income tax requirements and whose earnings are
consequently subject to the Self-Employment Tax. In general, an individual is an
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independent contractor if the payer has the right to control or direct only the result of
the work and not what will be done and how it will be done.
Independent entity. The unit of general local government; however, if the PHA itself is
the unit of general local government or an agency of such government, then only the next
level of general local government (or an agency of such government) or higher may serve
as the independent entity; or a HUD-approved entity that is autonomous and recognized
under state law as a separate legal entity from the PHA. The entity must not be connected
financially (except regarding compensation for services performed for PHA-owned units)
or in any other manner that could result in the PHA improperly influencing the entity.
Individual with handicaps. See person with disabilities.
Upon PHA implementation of HOTMA 102/104: Inflationary index. An index based on the
Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) used to
make annual adjustments to the deduction for elderly disabled families, the cap for
imputing returns on assets, the restriction on net family assets, the amount of net assets
the PHA may determine based on self-certification by the family, and the dependent
deduction.
Initial PHA. In portability, the term refers to both: (1) A PHA that originally selected a
family that later decides to move out of the jurisdiction of the selecting PHA; and (2) A
PHA that absorbed a family that later decides to move out of the jurisdiction of the
absorbing PHA.
Initial payment standard. The payment standard at the beginning of the HAP contract
term.
Initial rent to owner. The rent to owner at the beginning of the HAP contract term.
Inside. Under NSPIRE, the inside of HUD housing (or “inside areas”) refers to the
common areas and building systems that can be generally found within the building
interior and are not inside a unit. Examples of “inside” common areas may include,
basements, interior or attached garages, enclosed carports, restrooms, closets, utility
rooms, mechanical rooms, community rooms, day care rooms, halls, corridors, stairs,
shared kitchens, laundry rooms, offices, enclosed porches, enclosed patios, enclosed
balconies, and trash collection areas. Examples of building systems include those
components that provide domestic water such as pipes, electricity, elevators,
emergency power, fire protection, HVAC, and sanitary services.
Institution of higher education. An institution of higher education as defined in 20
U.S.C. 1001 and 1002. See Exhibit 3-2 in this Administrative Plan.
Jurisdiction. The area in which the PHA has authority under State and local law to
administer the program.
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Landlord. Either the owner of the property or their representative or the managing agent
or their representative, as shall be designated by the owner.
Lease. A written agreement between an owner and a tenant for the leasing of a dwelling
unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit
by a family with housing assistance payments under a HAP contract between the owner
and the PHA.Life-Threatening deficiency. Under NSPIRE, the life-threatening category
includes deficiencies that, if evident in the home or on the property, present a high risk of
death or severe illness or injury to a resident.
Live-in aide. A person who resides with one or more elderly persons, or near-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 persons; and
Would not be living in the unit except to provide the necessary supportive
services.
Local Preference. A preference used by the PHA to select among applicant families.
Low deficiency. Under NSPIRE, deficiencies critical to habitability but not presenting a
substantive health or safety risk to resident.
Low-Income Family. A family whose income does not exceed 80% of the median income
for the area as determined by HUD with adjustments for smaller or larger families,
except that HUD may establish income limits higher or lower than 80% for areas with
unusually high or low incomes.
Manufactured home. A manufactured structure that is built on a permanent chassis, is
designed for use as a principal place of residence, and meets the HQS/NSPIRE . A
special housing type: See §982.620 and §982.621.
Manufactured home space. In manufactured home space rental: A space leased by an
owner to a family. A manufactured home owned and occupied by the family is located
on the space. See §982.622 to §982.624.
Minor. A member of the family household other than the family head or spouse, who is
under 18 years of age.
Mixed family. A family whose members include those with citizenship or eligible
immigration status, and those without citizenship or eligible immigration status.
Moderate deficiency. Under NSPIRE, this includes deficiencies that, if evident in the
home or on the property, present a moderate risk of an adverse medical event
requiring a healthcare visit; cause temporary harm; or if left untreated, cause or
worsen a chronic condition that may have long-lasting adverse health effects; or that
the physical security or safety of a resident or their property could be compromised.
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Monthly adjusted income. One twelfth of adjusted income.
Monthly income. One twelfth of annual income.
Mutual housing. Included in the definition of “cooperative.”
National. A person who owes permanent allegiance to the United States, for example, as
a result of birth in a United States territory or possession.
National Standards for the Physical Inspection of Real Estate. HUD’s housing
inspection approach. NSPIRE is a single inspection standard for all units under the
Public Housing, HCV, Multifamily, and Community Planning and Development (CPD)
programs. NSPIRE’s focus is on the areas that impact residents the most, such as the
dwelling unit.
Near-elderly family. A family whose head, spouse, or sole member is a person who is at
least 50 years of age but below the age of 62; or two or more persons, who are at
least 50 years of age but below the age of 62, living together; or one or more persons
who are at least 50 years of age but below the age of 62 living with one or more live-in
aides.
Prior to PHA implementation of HOTMA 102/104: Net family assets. (1) Net cash
value after deducting reasonable costs that would be incurred in disposing of real
property, savings, stocks, bonds, and other forms of capital investment, excluding
interests in Indian trust land and excluding equity accounts in HUD homeownership
programs. The value of necessary items of personal property such as furniture and
automobiles shall be excluded.
- In cases where a trust fund has been established and the trust is not revocable by, or
under the control of, any member of the family or household, the value of the trust fund
will not be considered an asset so long as the fund continues to be held in trust. Any
income distributed from the trust fund shall be counted when determining annual
income under §5.609.
- In determining net family assets, PHAs or owners, as applicable, shall 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 therefore. In the
case of a disposition as part of a separation or divorce settlement, the disposition will
not be considered to be for less than fair market value if the applicant or tenant
receives important consideration not measurable in dollar terms.
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Upon PHA implementation of HOTMA 102/104: Net family assets. The net cash value of
all assets owned by the family, after deducting reasonable costs that would be incurred in
disposing real property, savings, stocks, bonds, and other forms of capital investment. In
determining net family assets, PHAs or owners, as applicable, 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 therefor. In the case of a disposition
as part of a separation or divorce settlement, the disposition will not be considered to be
for less than fair market value if the applicant or tenant receives consideration not
measurable in dollar terms. Negative equity in real property or other investments does not
prohibit the owner from selling the property or other investments, so negative equity alone
would not justify excluding the property or other investments from family assets.
Noncitizen. A person who is neither a citizen nor national of the United States.
Notice of Funding Availability (NOFA). For budget authority that HUD distributes by
competitive process, the Federal Register document that invites applications for
funding. This document explains how to apply for assistance and the criteria for
awarding the funding.
Office of General Counsel (OGC). The General Counsel of HUD.
Outside. Under NSPIRE, outside of HUD housing (or “outside areas”) refers to the
building site, building exterior components, and any building systems located outside
of the building or unit. Examples of “outside” components may include fencing,
retaining walls, grounds, lighting, mailboxes, project signs, parking lots, detached
garage or carport, driveways, play areas and equipment, refuse disposal, roads, storm
drainage, non-dwelling buildings, and walkways. Components found on the exterior of
the building are also considered outside areas, and examples may include doors,
attached porches, attached patios, balconies, car ports, fire escapes, foundations,
lighting, roofs, walls, and windows.
Overcrowded. A unit that does not meet the following HQS/NSPIRE space standards: (1)
Provide adequate space and security for the family; and (2) Have at least one
bedroom or living/sleeping room for each two persons.
Office of General Counsel (OGC). The General Counsel of HUD.
Owner. Any person or entity with the legal right to lease or sublease a unit to a
participant.
PHA-owned unit. A dwelling unit in a project that is: (A) Owned by the PHA (including
having a controlling interest in the entity that owns the project); (B) Owned by an entity
wholly controlled by the PHA; or (C) Owned by a limited liability company or limited
partnership in which the PHA (or an entity wholly controlled by the PHA) holds a
controlling interest in the managing member or general partner. A controlling interest
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is: (A) Holding more than 50 percent of the stock of any corporation; (B) Having the
power to appoint more than 50 percent of the members of the board of directors of a
non-stock corporation (such as a nonprofit corporation); (C) Where more than 50
percent of the members of the board of directors of any corporation also serve as
directors, officers, or employees of the PHA; (D) Holding more than 50 percent of all
managing member interests in an LLC; (E) Holding more than 50 percent of all general
partner interests in a partnership; or (F) Equivalent levels of control in other ownership
structures.
PHA Plan. The annual plan and the 5-year plan as adopted by the PHA and approved by
HUD [24 CFR §903].
PHA’s quality control sample. An annual sample of files or records drawn in an
unbiased manner and reviewed by a PHA supervisor (or by another qualified person
other than the person who performed the original work) to determine if the work
documented in the files or records conforms to program requirements. For minimum
sample size see CFR §985.3.
Participant (participant family). A family that has been admitted to the PHA program
and is currently assisted in the program. The family becomes a participant on the
effective date of the first HAP contract executed by the PHA for the family (first day of
initial lease term).
Payment standard. The maximum monthly assistance payment for a family assisted in
the voucher program (before deducting the total tenant payment by the
family).Persons with Disabilities. A person who has a disability as defined in 42
U.S.C. 423 or a developmental disability as defined in 42 U.S.C. 6001. Also includes a
person who is determined, under HUD regulations, to have a physical or mental
impairment that is expected to be of long-continued and indefinite duration,
substantially impedes the ability to live independently, and is of such a nature that the
ability to live independently could be improved by more suitable housing conditions.
For purposes of reasonable accommodation and program accessibility for persons
with disabilities, means and “individual with handicaps” as defined in 24 CFR §8.3.
Definition does not exclude persons who have AIDS or conditions arising from AIDS,
but does not include a person whose disability is based solely on drug or alcohol
dependence (for low-income housing eligibility purposes). See “Individual with
handicaps.”
Portability. Renting a dwelling unit with Section 8 housing choice voucher outside the
jurisdiction of the initial PHA.
Premises. The building or complex in which the dwelling unit is located, including common
areas and grounds.
Private space. In shared housing: The portion of a contract unit that is for the exclusive use
of an assisted family.
Project owner. The person or entity that owns the housing project containing the assisted
dwelling unit.
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Public assistance. Welfare or other payments to families or individuals, based on need,
which are made under programs funded, separately or jointly, by Federal, state, or local
governments.
Public housing agency (PHA). Any State, county, municipality, or other governmental entity
or public body, or agency or instrumentality of these entities, that is authorized to engage or
assist in the development or operation of low-income housing under the 1937 Act.
Qualified census tract. With regard to certain tax credit units, any census tract (or
equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent
of households have an income of less than 60 percent of Area Median Gross Income (AMGI),
or where the poverty rate is at least 25 percent, and where the census tract is designated as
a qualified census tract by HUD.
Reasonable rent. A rent to owner that is not more than rent charged: (1) For comparable
units in the private unassisted market; and (2) For comparable unassisted units in the
premises.
Reasonable accommodation. A change, exception, or adjustment to a rule, policy, practice,
or service to allow a person with disabilities to fully access the PHA’s programs or services.
Receiving PHA. In portability: A PHA that receives a family selected for participation in the
tenant-based program of another PHA. The receiving PHA issues a voucher and provides
program assistance to the family.
Recertification. Sometimes called reexamination. The process of securing documentation of
total family income used to determine the rent the tenant will pay for the next 12 months if
there are no additional changes to be reported.
Remaining Member of Tenant Family. Person left in assisted housing who may or may not
normally qualify for assistance on own circumstances (i.e., an elderly spouse dies, leaving
widow age 47 who is not disabled).
Rent to owner. The total monthly rent payable to the owner under the lease for the unit (also
known as contract rent). Rent to owner covers payment for any housing services,
maintenance and utilities that the owner is required to provide and pay for.
Request for Tenancy Approval (RFTA). A form (Form HUD-52517) submitted by or on
behalf of a family to a PHA once the family has identified a unit that it wishes to rent using
tenant-based voucher assistance.
Residency Preference. A PHA preference for admission of families that reside anywhere in
a specified area, including families with a member who works or has been hired to work in the
area (“residency preference area”).
Residency Preference Area. The specified area where families must reside to qualify for a
residency preference.
Responsible entity. For the public housing and the Section 8 tenant-based assistance,
project-based voucher assistance, and moderate rehabilitation programs, the responsible
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entity means the PHA administering the program under an ACC with HUD. For all other
Section 8 programs, the responsible entity means the Section 8 owner.
Row/Townhouse. Refers to duplex, quads, townhouse and multifamily.
Secretary. The Secretary of Housing and Urban Development.
Section 8. Section 8 of the United States Housing Act of 1937. Also known as Housing
Choice Voucher.
Section 8 covered programs. All HUD programs which assist housing under Section 8 of
the 1937 Act, including Section 8 assisted housing for which loans are made under section
202 of the Housing Act of 1959.
Section 8 Management Assessment Program (SEMAP). A system used by HUD to
measure PHA performance in key Section 8 program areas. See 24 CFR Part 985.
Section 214. Section 214 of the Housing and Community Development Act of 1980, as
amended.
Section 214 covered programs is the collective term for the HUD programs to which the
restrictions imposed by Section 214 apply. These programs are set forth in 24 CFR §5.500.
Security Deposit. A dollar amount (maximum set according to the regulations) which can be
used for unpaid rent or damages to the owner upon termination of the lease.
Upon PHA implementation of HOTMA 102/104: Seasonal worker. An individual who is
hired into a short-term position and the employment begins about the same time each year
(such as summer or winter). Typically, the individual is hired to address seasonal demands
that arise for the particular employer or industry.
Set-up charges. In a manufactured home space rental: Charges payable by the family for
assembling, skirting and anchoring the manufactured home.Severe deficiency. Under
NSPIRE, the severe category includes deficiencies that, if evident in the home or on the
property, present a high risk of permanent disability, or serious injury or illness, to a resident;
or the physical security or safety of a resident or their property would be seriously
compromised.
Sexual Assault. Any nonconsensual sexual act proscribed by federal, tribal, or state law,
including when the victim lacks capacity to consent (42 U.S.C. 13925(a)).
Sexual Orientation. Homosexuality, heterosexuality or bisexuality.
Shared housing. A unit occupied by two or more families. The unit consists of both common
space for shared use by the occupants of the unit and separate private space for each
assisted family. A special housing type: see §982.615 to §982.618.
Single Person. A person living alone or intending to live alone.
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Single room occupancy housing (SRO). A unit that contains no sanitary facilities or food
preparation facilities, or contains either, but not both, types of facilities. A special housing
type: see 24 CFR §982.602 to §982.605.
Small Area Fair Market Rents (SAFMRs). FMRs established for ZIP code areas.
Small rural public housing agency (PHA). Section 38 defines the term “small public
housing agency” as a public housing agency “for which the sum of the number of public
housing dwelling units administered by the agency and the number of vouchers under section
8(o) administered by the agency is 550 or fewer” and “that predominantly operates in a rural
area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.”
After consideration of the public comments discussed above, HUD is interpreting
“predominantly operates in a rural area” to mean a small PHA that:
(1)
Has a primary administrative building with a physical address in a rural area as
described in 12 CFR 1026.35(b)(2)(iv)(A); or
(2)
more than 50 percent of its combined public housing units and voucher units under
section 8(o) are in rural areas as described in 12 CFR 1026.35(b)(2)(iv)(A). HUD also
clarifies that voucher units under section 8(o) include those in the tenant-based
Housing Choice Voucher (HCV) program and the Project-Based Voucher (PBV)
program.
Social Security Number (SSN). The nine-digit number that is assigned to a person by the
Social Security Administration and that identifies the record of the person's earnings reported
to the Social Security Administration. The term does not include a number with a letter as a
suffix that is used to identify an auxiliary beneficiary.
Special admission. Admission of an applicant that is not on the PHA waiting list or without
considering the applicant's waiting list position.
Special housing types. See subpart M of part 982. Subpart M states the special regulatory
requirements for: SRO housing, congregate housing, group homes, shared housing,
cooperatives (including mutual housing), and manufactured homes (including manufactured
home space rental).
Specified Welfare Benefit Reduction. Those reductions of welfare benefits (for a covered
family) that may not result in a reduction of the family rental contribution. A reduction of
welfare benefits because of fraud in connection with the welfare program, or because of
welfare sanction due to noncompliance with a welfare agency requirement to participate in an
economic self-sufficiency program.
Spouse. The marriage partner of the head of household.
Stalking. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or
intimidate; or to place under surveillance with the intent to kill, injure, harass, or intimidate
another person; and in the course of, or as a result of, such following, pursuit, surveillance, or
repeatedly committed acts, to place a person in reasonable fear of the death of, or serious
bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of the
immediate family of that person, or (3) the spouse or intimate partner of that person.
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State Wage Information Collection Agency (SWICA). The state agency, including any
Indian tribal agency, receiving quarterly wage reports from employers in the state, or an
alternative system that has been determined by the Secretary of Labor to be as effective and
timely in providing employment-related income and eligibility information.
Subsidy standards. Standards established by a PHA to determine the appropriate number
of bedrooms and amount of subsidy for families of different sizes and compositions.
Suspension. The term on the family’s voucher stops from the date the family submits a
request for PHA approval of the tenancy, until the date the PHA notifies the family in writing
whether the request has been approved or denied. This practice is also called “tolling”.Tax
credit rent. With regard to certain tax credit units, the rent charged for comparable units of
the same bedroom size in the building that also receive the low-income housing tax credit but
do not have any additional rental assistance (e.g., tenant-based voucher assistance).
Technological abuse. An act or pattern of behavior that occurs within domestic violence,
dating violence, sexual assault, or stalking and is intended to harm, threaten, intimidate,
control, stalk, harass, impersonate, exploit, extort, or monitor another person, except as
otherwise permitted by law, that occurs using any form of technology, including but not
limited to:
- Internet enabled devices
- Online spaces and platforms
- Computers
- Mobile devices
- Cameras and imaging programs
- Apps
- Location tracking devices
- Communication technologies
- Any other emergency technologies
Tenancy Addendum. For the Housing Choice Voucher Program, the lease language
required by HUD in the lease between the tenant and the owner.
Tenant. The person or persons (other than a live-in aide) who executes the lease as lessee
of the dwelling unit.
Tenant-paid utilities. Utilities and services that are not included in the rent to owner and are
the responsibility of the assisted family, regardless of whether the payment goes to the utility
company or the owner. The utilities and services are those necessary in the locality to
provide housing that complies with HQS. The utilities and services may also include those
required by HUD through a Federal Register notice after providing opportunity for public
comment.
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Tenant rent to owner. See “Family rent to owner.”
Term of Lease. The amount of time a tenant agrees in writing to live in a dwelling unit.
Total Tenant Payment (TTP). The total amount the HUD rent formula requires the tenant to
pay toward rent and utilities.
Upon PHA implementation of HOTMA 102/104: Unearned income. Any annual income, as
calculated under 24 CFR 5.609, that is not earned income.
Unit. Under NSPIRE, a unit (or “dwelling unit”) of HUD housing refers to the interior
components of an individual unit. Examples of components included in the interior of a unit
may include the balcony, bathroom, call-for-aid (if applicable), carbon monoxide devices,
ceiling, doors, electrical systems, enclosed patio, floors, HVAC (where individual units are
provided), kitchen, lighting, outlets, smoke detectors, stairs, switches, walls, water heater,
and windows.
Utilities. Water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection,
and sewage services. Telephone service is not included.
Utility Allowance. If the cost of utilities (except telephone) and other housing services for an
assisted unit is not included in the tenant rent but is the responsibility of the family occupying
the unit, an amount equal to the estimate made or approved by a PHA or HUD of the monthly
cost of a reasonable consumption of such utilities and other services for the unit by an energy
- conservative household of modest circumstances consistent with the requirements of a
safe, sanitary, and healthful living environment.
Utility reimbursement. In the voucher program, the portion of the housing assistance
payment which exceeds the amount of rent to owner.
Utility hook-up charge. In a manufactured home space rental: Costs payable by a family for
connecting the manufactured home to utilities such as water, gas, electrical and sewer lines.
Very low-income family. A low-income family whose annual income does not exceed 50
percent of the median income for the area, as determined by HUD, with adjustments for
smaller and larger families. HUD may establish income limits higher or lower than 50 percent
of the median income for the area on the basis of its finding that such variations are
necessary because of unusually high or low family incomes. This is the income limit for the
housing choice voucher program.
Veteran. A person who has served in the active military or naval service of the United States
at any time and who shall have been discharged or released therefrom under conditions
other than dishonorable.
Violence Against Women Reauthorization Act (VAWA). Prohibits denying admission to
the program to an otherwise qualified applicant or terminating assistance on the basis that
the applicant or program participant is or has been a victim of domestic violence, dating
violence, sexual assault, stalking, or human trafficking.
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Violent criminal activity. Any illegal criminal activity that has as one of its elements the use,
attempted use, or threatened use of physical force against the person or property of another.
Voucher (Housing Choice Voucher). A document issued by a PHA to a family selected for
admission to the housing choice voucher program. This document describes the program and
the procedures for PHA approval of a unit selected by the family. The voucher also states
obligations of the family under the program.
Voucher holder. A family holding a voucher with an unexpired term (search time).
Voucher program. The housing choice voucher program.
Waiting list. A list of families organized according to HUD regulations and PHA policy who
are waiting for a unit to become available.
Waiting list admission. An admission from the PHA waiting list. Welfare assistance.
Income assistance from Federal or State welfare programs, including assistance provided
under TANF and general assistance. Does not include assistance directed solely to
meeting housing expenses, nor programs that provide health care, child care or other
services for working families. For the FSS program (24 CFR 984.103), welfare assistance
includes only cash maintenance payments designed to meet a family’s ongoing basic
needs. Does not include nonrecurring short term benefits designed to address individual
crisis situations, work subsidies, supportive services such as childcare and transportation
provided to families who are employed, refundable earned income tax credits,
contributions to and distributions from Individual Development Accounts under TANF,
services such as counseling, case management, peer support, childcare information and
referral, financial empowerment, transitional services, job retention, job advancement, and
other employment-related services that to not provide basic income support, amounts
solely directed to meeting housing expenses, amounts for health care, Supplemental
Nutrition Assistance Program (SNAP) and emergency rental and utilities assistance, SSI,
SSDI, or social security, and child-only or non-needy TANF grants made to or on behalf of
a dependent child solely on the basis of the child’s need and not the need of the child’s
current non-parental caretaker.
Withholding. Stopping HAP payments to an owner while holding them for potential
retroactive disbursement.