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Home My WebLink AboutR-03-0697J-03-528 06/16/03 RESOLUTION NO. 03 - C O I A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") PUBLIC HOUSING AGENCY ("PHA") PLANS WHICH INCLUDE THE FIVE-YEAR STRATEGIC PLAN FOR FISCAL YEARS 2000-2004 AND THE ANNUAL PLAN FOR FISCAL YEAR 2003, IN CONNECTION WITH THE IMPLEMENTATION AND ADMINISTRATION OF THE CITY'S SECTION 8 MODERATE REHABILITATION PROGRAM, AS SET FORTH IN THE SECTION 8 ADMINISTRATIVE PLAN, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PHA PLANS, ATTACHED AND INCORPORATED, FOR REVIEW AND APPROVAL BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AND CERTIFICATIONS REQUIRED, IN SUBSTANTIALLY THE ATTACHED FORM AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER ALLOCATING SECTION 8 MODERATE REHABILITATION PROGRAM FUNDS, IN THE AMOUNT OF $2,642,094, FOR CLIENT COSTS AND $338,292 TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT FOR ADMINISTRATIVE COSTS FOR A TOTAL AMOUNT OF $2,980,386. WHEREAS, effective October 1, 1999, Section 8 of the United States Housing Act of 1937, was amended by the Quality Housing and Work Responsibility Act of 1998 ("QHWRA"), which, in effect, completed the merger of the Section 8 tenant -based Certificate and Voucher Programs into a New Housing Choice Voucher Program; and ATTRsET; C01?I TAI CITY COMMSMON MEETING OF J U N 2 4 2.003 Resoialion No. 03-- 697 WHEREAS, Section 511 of the QHWRA requires public housing agencies to develop plans that include a five-year strategic plan and an annual plan; and WHEREAS, the City of Miami ("City") has been designated as the Public Housing Agency ("PHA") to administer the Programs; and WHEREAS, the Five -Year Strategic Plan for Fiscal Years 2000-2004 component of the PHA Plans describes the Public Housing Authority mission, long range goals and objectives to address the needs of low and very low-income families; and WHEREAS, the Annual Plan for Fiscal Year 2003 component of the PHA Plans provides details and examines immediate operations, program participants, program and services, and the Public Housing Strategy for handling operational concerns, residents' concerns and needs, programs and services for the upcoming fiscal year; and WHEREAS, submission of the PHA Plans to the United States Department of Housing and Urban Development is required to ensure the City's continued participation in the Section 8 Moderate Rehabilitation Program as set forth in the Section 8 Administrative Plan, attached and incorporated; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Page 2 of 4 03- 697 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City's PHA Plans, which include the Five -Year Strategic Plan for Fiscal Years 2000-2004 and the Annual Plan for Fiscal Year 2003, in connection with the implementation and administration of the City's Section 8 Moderate Rehabilitation Program, as set forth in the Section 8 Administrative Plan, attached and incorporated, are approved. Section 3. The City Manager is authorized -!"'to submit the PHA Plans, attached and incorporated, for review and approval by the United States Department of Housing and Urban Development ( "HUD") . Section 4. The City Manager is authorizedv to execute any and all documents and certifications required, in substantially the attached form and in a form acceptable to the City Attorney, for submission of the City's PHA Plans to HUD. 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Page 3 of 4 0— 697 Section 5. The allocation of Section 8 Moderate Rehabilitation Program funds, in the amount of $2,642,094, for client costs and the amount of $338,292 to the City's Department of Community Development for administrative costs, for a total amount of $2,980,386, is authorized. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 24th day of June , 2003. NUEL A. DIAZ, MA ATTEST: P SCILLA A. THOMPSON CITY CLERK APPROVED Asq. FORM -AND CORRECTNESS :e,%- oox ,< J RELLO IT TTORNEY 298:tr:AS z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 4 03- 697 OMB Approval No: 2577-0226 (exp. 02/28/2006) U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plans 5 Year Plan for Fiscal Years 2000 - 2004 Annual Plan for Fiscal Year 2003 NOTE: THIS PHA PLANS TEMPLATE (HUD 50075) IS TO BE COMPLETED IN ACCORDANCE WITH INSTRUCTIONS LOCATED IN APPLICABLE PIH NOTICES 03— 697 PHA Plan Agency Identification PHA Name: City of Miami PHA Number: FL145 PHA Fiscal Year Beginning: 10/2003 Public Access to Information Information regarding any activities outlined in this plan can be obtained by contacting: (select all that apply) ® Main administrative office of the PHA - 444 SW 2nd Ave., 2nd Floor Miami FL, 33130 ❑ PHA development management offices ® PHA local offices — Office of Client Services, 1313 NW 36th Street 2nd Floor, i Miami, FL 33142 Display Locations For PHA Plans and Supporting Documents The PHA Plans (including attachments) are available for public inspection at: (select all that apply) ❑ Main administrative office of the PHA ❑ PHA development management offices ❑ PHA local offices ® Main administrative office of the local government — 444 SW 2nd Ave., 2nd Floor, Miami, FL 33130 ❑ Main administrative office of the County government ❑ Main administrative office of the State government ❑ Public library ❑ PHA website ® Other (list below) — Office of Client Services, 1313 NW 36th Street, 2nd Floor Miami, FL 33142 PHA Plan Supporting Documents are available for inspection at: (select all that apply) ❑ Main business office of the PHA ❑ PHA development management offices ® Other (list below) Main administrative office of the local government: 444 SW 2nd Ave. 2nd Floor, Miami FL 33130 5 Year Plan Page 1 form HUD 50075 (03/2003) 03- 697 5 -YEAR PLAN PHA FISCAL YEARS 2000 - 2004 [24 CFR Part 903.5] A. Mission State the PHA's mission for serving the needs of low-income, very low income, and extremely low-income families in the PHA's jurisdiction. (select one of the choices below) ❑ The mission of the PHA is the same as that of the Department of Housing and Urban Development: To promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. ® The PHA's mission is: The mission of the City of Miami Section 8 Housing Program is to provide decent, safe and sanitary rental Housing for eligible families. B. Goals The goals and objectives listed below are derived from HUD's strategic Goals and Objectives and those emphasized in recent legislation. PHAs may select any of these goals and objectives as their own, or identify other goals and/or objectives. Whether selecting the HUD -suggested objectives or their own, PHAS ARE STRONGLY ENCOURAGED TO IDENTIFY QUANTIFIABLE MEASURES OF SUCCESS IN REACHING THEIR OBJECTIVES OVER THE COURSE OF THE 5 YEARS. (Quantifiable measures would include targets such as: numbers of families served or PHAS scores achieved.) PHAs should identify these measures in the spaces to the right of or below the stated objectives. HUD Strategic Goal: Increase the availability of decent, safe, and affordable housing. ❑ PHA Goal: Expand the supply of assisted housing Obj ectives: ❑ Apply for additional rental vouchers: ❑ Reduce public housing vacancies: ❑ Leverage private or other public funds to create additional housing opportunities: ❑ Acquire or build units or developments ❑ Other (list below) ® PHA Goal: Improve the quality of assisted housing Objectives: ❑ Improve public housing management: (PHAS score) ❑ Improve voucher management: (SEMAP score) ® Increase customer satisfaction: ❑ Concentrate on efforts to improve specific management functions: (list; e.g., public housing finance; voucher unit inspections) ❑ Renovate or modernize public housing units: 5 Year Plan Page 2 form HUD 50075 (03/2003) 4A - 697 ❑ Demolish or dispose of obsolete public housing: ❑ Provide replacement public housing: ® Provide replacement vouchers: ❑ Other: (list below) ® PHA Goal: Increase assisted housing choices Objectives: ❑ Provide voucher mobility counseling: ® Conduct outreach efforts to potential voucher landlords ❑ Increase voucher payment standards ❑ Implement voucher homeownership program: ® Implement public housing or other homeownership programs: ❑ Implement public housing site-based waiting lists: ❑ Convert public housing to vouchers: ❑ Other: (list below) HUD Strategic Goal: Improve community quality of life and economic vitality ® PHA Goal: Provide an improved living environment Obj ectives: ❑ Implement measures to deconcentrate poverty by bringing higher income public housing households into lower income developments: ❑ Implement measures to promote income mixing in public housing by assuring access for lower income families into higher income developments: ❑ Implement public housing security improvements: ❑ Designate developments or buildings for particular resident groups (elderly, persons with disabilities) ❑ Other: (list below) HUD Strategic Goal: Promote self-sufficiency and asset development of families and individuals ® PHA Goal: Promote self-sufficiency and asset development of assisted households Objectives: ® Increase the number and percentage of employed persons in assisted families: ❑ Provide or attract supportive services to improve assistance recipients' employability: ❑ Provide or attract supportive services to increase independence for the elderly or families with disabilities. 5 Year Plan Page 3 form HUD 50075 (0312003) 03- 697 ❑ Other: (list below) HUD Strategic Goal: Ensure Equal Opportunity in Housing for all Americans ® PHA Goal: Ensure equal opportunity and affirmatively further fair housing Obj ectives: ® Undertake affirmative measures to ensure access to assisted housing regardless of race, color, religion national origin, sex, familial status, and disability: ® Undertake affirmative measures to provide a suitable living environment for families living in assisted housing, regardless of race, color, religion national origin, sex, familial status, and disability: ❑ Undertake affirmative measures to ensure accessible housing to persons with all varieties of disabilities regardless of unit size required: ❑ Other: (list below) Other PHA Goals and Objectives: (list below) 5 Year Plan Page 4 form HUD 50075 (03/2003) 03-- 697 Annual PHA Plan PHA Fiscal Year 2000 [24 CFR Part 903.7] i. Annual Plan Type: Select which type of Annual Plan the PHA will submit. ❑ Standard Plan Streamlined Plan: ❑ High Performing PHA ❑ Small Agency (<250 Public Housing Units) ® Administering Section 8 Only ❑ Troubled Agency Plan ii. Executive Summary of the Annual PHA Plan [24 CFR Part 903.7 9 (r)] Provide a brief overview of the information in the Annual Plan, including highlights of major initiatives and discretionary policies the PHA has included in the Annual Plan. iii. Annual Plan Table of Contents [24 CFR Part 903.7 9 (r)] Provide a table of contents for the Annual Plan, including attachments, and a list of supporting documents available for public inspection. Table of Contents Annual Plan i. Executive Summary ii. Table of Contents 1. Housing Needs 2. Financial Resources 3. Policies on Eligibility, Selection and Admissions 4. Rent Determination Policies 5. Operations and Management Policies 6. Grievance Procedures 7. Capital Improvement Needs 8. Demolition and Disposition 9. Designation of Housing 10. Conversions of Public Housing 11. Homeownership 12. Community Service Programs 13. Crime and Safety FY 2003 Annual Plan Page 1 Page # form HUD 50075 (03/2003) 03- 697 14. Pets (Inactive for January 1 PHAs) 15. Civil Rights Certifications (included with PHA Plan Certifications) 16. Audit 17. Asset Management 18. Other Information Attachments Indicate which attachments are provided by selecting all that apply. Provide the attachment's name (A, B, etc.) in the space to the left of the name of the attachment. Note: If the attachment is provided as a SEPARATE file submission from the PHA Plans file, provide the file name in parentheses in the space to the right of the title. Required Attachments: ❑ Admissions Policy for Deconcentration ❑ FY 2000 Capital Fund Program Annual Statement ❑ Most recent board -approved operating budget (Required Attachment for PHAs that are troubled or at risk of being designated troubled ONLY) Optional Attachments: ® PHA Management Organizational Chart ❑ FY 2000 Capital Fund Program 5 Year Action Plan ❑ Public Housing Drug Elimination Program (PHDEP) Plan ❑ Comments of Resident Advisory Board or Boards (must be attached if not included in PHA Plan text) ❑ Other (List below, providing each attachment name) Supporting Documents Available for Review Indicate which documents are available for public review by placing a mark in the "Applicable & On Display" column in the appropriate rows. All listed documents must be on display if applicable to the program activities conducted by the PHA. List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display X PHA Plan Certifications of Compliance with the PHA Plans 5 Year and Annual Plans and Related Regulations X State/Local Government Certification of Consistency with 5 Year and Annual Plans the Consolidated Plan X Fair Housing Documentation: 5 Year and Annual Plans Records reflecting that the PHA has examined its programs or proposed programs, identified any impediments to fair housing choice in those programs, addressed or is addressing those impediments in a reasonable fashion in view of the resources available, and worked or is working with local jurisdictions to implement any of the jurisdictions' initiatives to affirmatively further fair housing that require the PHA's involvement. FY 2003 Annual Plan Page 2 form HUD 50075 (03/2003) o3- 697 X Consolidated Plan for the jurisdiction/s in which the PHA is Annual Plan: located (which includes the Analysis of Impediments to Fair Housing Needs Housing Choice (Al))) and any additional backup data to support statement of housing needs in the jurisdiction Most recent board -approved operating budget for the public Annual Plan: housing program Financial Resources; Public Housing Admissions and (Continued) Occupancy Annual Plan: Eligibility, Policy (A&O), which includes the Tenant Selection and Selection, and Admissions Assignment Plan [TSAP] Policies X Section 8 Administrative Plan Annual Plan: Eligibility, Selection, and Admissions Policies Public Housing Deconcentration and Income Mixing Annual Plan: Eligibility, Documentation: Selection, and Admissions 1. PHA board certifications of compliance with Policies deconcentration requirements (section 16(a) of the US Housing Act of 1937, as implemented in the 2/18/99 Quality Housing and Work Responsibility Act Initial Guidance; Notice and any further HUD guidance) and 2. Documentation of the required deconcentration and income mixing analysis Public housing rent determination policies, including the Annual Plan: Rent methodology for setting public housing flat rents Determination ❑ check here if included in the public housing A & O Policy Schedule of flat rents offered at each public housing Annual Plan: Rent development Determination ❑ check here if included in the public housing A & O Policy X Section 8 rent determination (payment standard) policies Annual Plan: Rent ® check here if included in Section 8 Determination Administrative Plan Public housing management and maintenance policy Annual Plan: Operations documents, including policies for the prevention or and Maintenance eradication of pest infestation (including cockroach infestation Public housing grievance procedures Annual Plan: Grievance ❑ check here if included in the public housing Procedures A & O Policy X Section 8 informal review and hearing procedures Annual Plan: Grievance ® check here if included in Section 8 Procedures Administrative Plan The HUD -approved Capital Fund/Comprehensive Grant Annual Plan: Capital Needs Program Annual Statement (HUD 52837) for the active grant year Most recent CIAP Budget/Progress Report (HUD 52825) for Annual Plan: Capital Needs any active CIAP grant Most recent, approved 5 Year Action Plan for the Capital Annual Plan: Capital Needs Fund/Comprehensive Grant Program, if not included as an attachment(provided at PHA option) FY 2003 Annual Plan Page 3 form HUD 50075 (03/2003) 03— 697 FY 2003 Annual Plan Page 4 form HUD 50075 (03/2003) 0 Approved HOPE VI applications or, if more recent, Annual Plan: Capital Needs approved or submitted HOPE VI Revitalization Plans or any other approved proposal for development of public housing Approved or submitted applications for demolition and/or Annual Plan: Demolition disposition of public housing and Dis osition Approved or submitted applications for designation of public Annual Plan: Designation of housing (Designated Housing Plans Public Housing Approved or submitted assessments of reasonable Annual Plan: Conversion of revitalization of public housing and approved or submitted Public Housing conversion plans prepared pursuant to section 202 of the 1996 HUD Appropriations Act Approved or submitted public housing homeownership Annual Plan: programs/plans Homeownership Policies governing any Section 8 Homeownership program Annual Plan: ❑ check here if included in the Section 8 Homeownership Administrative Plan Any cooperative agreement between the PHA and the TANF Annual Plan: Community agency Service & Self -Sufficiency FSS Action Plans for public housing and/or Section 8 Annual Plan: Community Service & Self -Sufficiency Most recent self-sufficiency (ED/SS, TOP or ROSS or other Annual Plan: Community resident services rant) grant program reports Service & Self -Sufficiency The most recent Public Housing Drug Elimination Program Annual Plan: Safety and (PHEDEP) semi-annual performance report for any open Crime Prevention grant and most recently submitted PHDEP application PHDEP Plan The most recent fiscal year audit of the PHA conducted Annual Plan: Annual Audit under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U. S.C. 1437c(h)), the results of that audit and the PHA's response to any findings Troubled PHAs: MOA/Recovery Plan Troubled PHAs Other supporting documents (optional) (specify as needed) list individually; use as many lines as necessary) FY 2003 Annual Plan Page 4 form HUD 50075 (03/2003) 0 1. Statement of Housing Needs [24 CFR Part 903.7 9 (a)] A. Housing Needs of Families in the Jurisdiction/s Served by the PHA Based upon the information contained in the Consolidated Plan/s applicable to the jurisdiction, and/or other data available to the PHA, provide a statement of the housing needs in the jurisdiction by completing the following table. In the "Overall' Needs column, provide the estimated number of renter families that have housing needs. For the remaining characteristics, rate the impact of that factor on the housing needs for each family type, from 1 to 5, with 1 being "no impact' and 5 being "severe impact." Use N/A to indicate that no information is available upon which the PHA can make this assessment. Housing Needs of Families in the Jurisdiction by Family Type Family Type Overall Afford- supply Quality Access- Size Loca- ability ibility tion Income <= 30% of AMI 37,472 5 5 4 4 5 5 Income >30% but <=50% of AMI 22,130 5 4 4 1 4 5 4 Income >50% but <80% of AMI 24,829 ;;5 4 4 3 5 3 Elderly 34,705 5 5 3 4 3 4 Families with Disabilities N/A 5 5 3 4 3 4 Hispanic 223,964 4 3 3 2 3 2 African-American 88,319 5 5 4 4 4 3 White (Non - Hispanic) 43,752 4 5 4 4 3 4 What sources of information did the PHA use to conduct this analysis? (Check all that apply; all materials must be made available for public inspection.) ® Consolidated Plan of the Jurisdiction/s Indicate year: 1999 ® U.S. Census data: the Comprehensive Housing Affordability Strategy ("CHAS") dataset, 1990 Census ❑ American Housing Survey data Indicate year: ❑ Other housing market study Indicate year: ® Other sources: (list and indicate year of information) "Analysis of Impediments to Fair Housing Choice", Data U.S. Census 1990 FY 2003 Annual Plan Page 5 form HUD 50075 (03/2003) 63- 697 B. Housing Needs of Families on the Public Housing and Section 8 Tenant- Based Assistance Waiting Lists State the housing needs of the families on the PHA's waiting list/s. Complete one table for each type of PHA -wide waiting list administered by the PHA. PHAs may provide separate tables for site-based or sub - jurisdictional public housing waiting lists at their option. Housing Needs of Families on the Waiting List Waiting list type: (select one) ❑ Section 8 tenant -based assistance ❑ Public Housing ❑ Combined Section 8 and Public Housing ❑ Public Housing Site -Based or sub jurisdictional waiting list (optional) If used, identif which develo ment/sub'urisdiction: # of families % of total families Annual Turnover Waiting list total Extremely low income <=30% AMI Very low income (>30% but <=50% AMI) Low income (>50% but <80% AMI) Families with children Elderly families Families with Disabilities Race/ethnicity Race/ethnicity Race/ethnicity Race/ethnicity Characteristics by Bedroom Size (Public Housing Only) IBR 2 BR 3 BR 4 BR FY 2003 Annual Plan Page 6 form HUD 50075 (03/2003) 03- 697 Housing Needs of Families on the Waiting List 5 BR 5+ BR Is the waiting list closed (select one)? ❑ No ® Yes If yes: How long has it been closed (# of months)? 8 months Does the PHA expect to reopen the list in the PHA Plan year? ❑ No ® Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? ® No ❑ Yes The City of Miami will be advertising to accept applications for the waiting list. These applications will be available at different City of Miami offices with a deadline to be submitted. At the end of that period, a lottery drawing will assign the waiting list number for everyone who applied. C. Strategy for Addressing Needs Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list IN THE UPCOMING YEAR, and the Agency's reasons for choosing this strategy. (1) Strategies Need: Shortage of affordable housing for all eligible populations Strategy 1. Maximize the number of affordable units available to the PHA within its current resources by: Select all that apply ❑ Employ effective maintenance and management policies to minimize the number of public housing units off-line ❑ Reduce turnover time for vacated public housing units ❑ Reduce time to renovate public housing units ❑ Seek replacement of public housing units lost to the inventory through mixed finance development ❑ Seek replacement of public housing units lost to the inventory through section 8 replacement housing resources ❑ Maintain or increase section 8 lease -up rates by establishing payment standards that will enable families to rent throughout the jurisdiction ® Undertake measures to ensure access to affordable housing among families assisted by the PHA, regardless of unit size required ❑ Maintain or increase section 8 lease -up rates by marketing the program to owners, particularly those outside of areas of minority and poverty concentration ❑ Maintain or increase section 8 lease -up rates by effectively screening Section 8 applicants to increase owner acceptance of program ® Participate in the Consolidated Plan development process to ensure coordination with broader community strategies FY 2003 Annual Plan Page 7 form HUD 50075 (03/2003) 03-- 697 ❑ Other (list below) Strategy 2: Increase the number of affordable housing units by: Select all that apply ® Apply for additional section 8 units should they become available ❑ Leverage affordable housing resources in the community through the creation of mixed - finance housing ❑ Pursue housing resources other than public housing or Section 8 tenant -based assistance. ❑ Other: (list below) Need: Specific Family Types: Families at or below 30% of median Strategy 1: Target available assistance to families at or below 30 % of AMI Select all that apply ❑ Exceed HUD federal targeting requirements for families at or below 30% of AMI in public housing ❑ Exceed HUD federal targeting requirements for families at or below 30% of AMI in tenant -based section 8 assistance ❑ Employ admissions preferences aimed at families with economic hardships ❑ Adopt rent policies to support and encourage work ❑ Other: (list below) Need: Specific Family Types: Families at or below 50% of median Strategy 1: Target available assistance to families at or below 50% of AMI Select all that apply ❑ Employ admissions preferences aimed at families who are working ❑ Adopt rent policies to support and encourage work ❑ Other: (list below) Need: Specific Family Types: The Elderly Strategy 1: Target available assistance to the elderly: Select all that apply ❑ Seek designation of public housing for the elderly ® Apply for special-purpose vouchers targeted to the elderly, should they become available ❑ Other: (list below) FY 2003 Annual Plan Page 8 form HUD 50075 (03/2003) 03-- 697 Need: Specific Family Types: Families with Disabilities Strategy 1: Target available assistance to Families with Disabilities: Select all that apply ❑ Seek designation of public housing for families with disabilities ❑ Carry out the modifications needed in public housing based on the section 504 Needs Assessment for Public Housing ® Apply for special-purpose vouchers targeted to families with disabilities, should they become available ❑ Affirmatively market to local non-profit agencies that assist families with disabilities ❑ Other: (list below) Need: Specific Family Types: Races or ethnicities with disproportionate housing needs Strategy 1: Increase awareness of PHA resources among families of races and ethnicities with disproportionate needs: Select if applicable ❑ Affirmatively market to races/ethnicities shown to have disproportionate housing needs ❑ Other: (list below) Strategy 2: Conduct activities to affirmatively further fair housing Select all that apply ❑ Counsel section 8 tenants as to location of units outside of areas of poverty or minority concentration and assist them to locate those units ❑ Market the section 8 program to owners outside of areas of poverty /minority concentrations ❑ Other: (list below) Other Housing Needs & Strategies: (list needs and strategies below) (2) Reasons for Selecting Strategies Of the factors listed below, select all that influenced the PHA's selection of the strategies it will pursue: ® Funding constraints ❑ Staffing constraints ❑ Limited availability of sites for assisted housing FY 2003 Annual Plan Page 9 form HUD 50075 (03/2003) 03- 697 ❑ Extent to which particular housing needs are met by other organizations in the community ❑ Evidence of housing needs as demonstrated in the Consolidated Plan and other information available to the PHA ❑ Influence of the housing market on PHA programs ® Community priorities regarding housing assistance ❑ Results of consultation with local or state government ❑ Results of consultation with residents and the Resident Advisory Board ❑ Results of consultation with advocacy groups ❑ Other: (list below) 2. Statement of Financial Resources [24 CFR Part 903.7 9 (b)] List the financial resources that are anticipated to be available to the PHA for the support of Federal public housing and tenant -based Section 8 assistance programs administered by the PHA during the Plan year. Note: the table assumes that Federal public housing or tenant based Section 8 assistance grant funds are expended on eligible purposes; therefore, uses of these funds need not be stated. For other funds, indicate the use for those funds as one of the following categories: public housing operations, public housing capital improvements, public housing safety/security, public housing supportive services, Section 8 tenant -based assistance, Section 8 supportive services or other. Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 1. Federal Grants FY 2000 rants a) Public Housing Operating Fund b) Public Housing Capital Fund c) HOPE VI Revitalization d) HOPE VI Demolition e) Annual Contributions for Section 8 Tenant -Based Assistance fl Public Housing Drug Elimination Program (including any Technical Assistance funds) g) Resident Opportunity and Self - Sufficiency Grants h) Community Development Block Grant i) HOME Other Federal Grants (list below) 2. Prior Year Federal Grants (unobligated funds only) (list below FY 2003 Annual Plan Page 10 form HUD 50075 (03/2003) 03- 697 Financial Resources: Planned Sources and Uses Sources I Planned $ Planned Uses 3. Public Housing Dwelling Rental Income 14. Other income (list below) I I I 1 4. Non-federal sources (list below) I I I Total resources 3._ PHA Policies Governing Eligibility, Selection, and Admissions [24 CFR Part 903.7 9 (c)] A. Public Housing Exemptions: PHAs that do not administer public housing are not required to complete subcomponent 3A. (1) Eligibility a. When does the PHA verify eligibility for admission to public housing? (select all that apply) ❑ When families are within a certain number of being offered a unit: (state number) ❑ When families are within a certain time of being offered a unit: (state time) ❑ Other: (describe) b. Which non -income (screening) factors does the PHA use to establish eligibility for admission to public housing (select all that apply)? ❑ Criminal or Drug-related activity ❑ Rental history ❑ Housekeeping ❑ Other (describe) FY 2003 Annual Plan Page 11 form HUD 50075 (03/2003) 63- 697 c. ❑ Yes ❑ No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? d. ❑ Yes ❑ No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? e. ❑ Yes ❑ No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC-authorized source) (2)Waiting List Organization a. Which methods does the PHA plan to use to organize its public housing waiting list (select all that apply) ❑ Community -wide list ❑ Sub jurisdictional lists ❑ Site-based waiting lists ❑ Other (describe) b. Where may interested persons apply for admission to public housing? ❑ PHA main administrative office ❑ PHA development site management office ❑ Other (list below) c. If the PHA plans to operate one or more site-based waiting lists in the coming year, answer each of the following questions; if not, skip to subsection (3) Assignment 1. How many site-based waiting lists will the PHA operate in the coming year? 2. ❑ Yes ❑ No: Are any or all of the PHA's site-based waiting lists new for the upcoming year (that is, they are not part of a previously -HUD - approved site based waiting list plan)? If yes, how many lists? 3. ❑ Yes ❑ No: May families be on more than one list simultaneously If yes, how many lists? 4. Where can interested persons obtain more information about and sign up to be on the site-based waiting lists (select all that apply)? ❑ PHA main administrative office ❑ All PHA development management offices ❑ Management offices at developments with site-based waiting lists ❑ At the development to which they would like to apply ❑ Other (list below) FY 2003 Annual Plan Page 12 form HUD 50075 (03/2003) 03- 697 (3_) Assignment a. How many vacant unit choices are applicants ordinarily given before they fall to the bottom of or are removed from the waiting list? (select one) ❑ One ❑ Two ❑ Three or More b. ❑ Yes ❑ No: Is this policy consistent across all waiting list types? If answer to b is no, list variations for any other than the primary public housing waiting list/s for the PHA: (4) Admissions Preferences a. Income targeting: ❑ Yes ❑ No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 40% of all new admissions to public housing to families at or below 30% of median area income? b. Transfer policies: In what circumstances will transfers take precedence over new admissions? (list below) ❑ Emergencies ❑ Overhoused ❑ Underhoused ❑ Medical justification ❑ Administrative reasons determined by the PHA (e.g., to permit modernization work) ❑ Resident choice: (state circumstances below) ❑ Other: (list below) Preferences ❑ Yes ❑ No: Has the PHA established preferences for admission to public housing (other than date and time of application)? (If "no" is selected, skip to subsection (5) Occupancy) 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) Former Federal preferences: ❑ Involuntary Displacement (Disaster, Government Action, Action of Housing FY 2003 Annual Plan Page 13 form HUD 50075 (03/2003) 03- 697 Owner, Inaccessibility, Property Disposition) ❑ Victims of domestic violence ❑ Substandard housing ❑ Homelessness ❑ High rent burden (rent is > 50 percent of income) Other preferences: (select below) ❑ Working families and those unable to work because of age or disability ❑ Veterans and veterans' families ❑ Residents who live and/or work in the jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1" more than once, "2" more than once, etc. Date and Time Former Federal preferences: Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) ❑ Working families and those unable to work because of age or disability ❑ Veterans and veterans' families ❑ Residents who live and/or work in the jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) FY 2003 Annual Plan Page 14 form HUD 50075 (03/2003) 03-- 697 4. Relationship of preferences to income targeting requirements: ❑ The PHA applies preferences within income tiers ❑ Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Occupancy a. What reference materials can applicants and residents use to obtain information about the rules of occupancy of public housing (select all that apply) ❑ The PHA -resident lease ❑ The PHA's Admissions and (Continued) Occupancy policy ❑ PHA briefing seminars or written materials ❑ Other source (list) b. How often must residents notify the PHA of changes in family composition? (select all that apply) ❑ At an annual reexamination and lease renewal ❑ Any time family composition changes ❑ At family request for revision ❑ Other (list) (6) Deconcentration and Income Mixing a. ❑ Yes ❑ No: Did the PHA's analysis of its family (general occupancy) developments to determine concentrations of poverty indicate the need for measures to promote deconcentration of poverty or income mixing? b. ❑ Yes ❑ No: Did the PHA adopt any changes to its admissions policies based on the results of the required analysis of the need to promote deconcentration of poverty or to assure income mixing? c. If the answer to b was yes, what changes were adopted? (select all that apply) ❑ Adoption of site-based waiting lists If selected, list targeted developments below: ❑ Employing waiting list "skipping" to achieve deconcentration of poverty or income mixing goals at targeted developments FY 2003 Annual Plan Page 15 form HUD 50075 (03/2003) 03- 697 If selected, list targeted developments below: ❑ Employing new admission preferences at targeted developments If selected, list targeted developments below: ❑ Other (list policies and developments targeted below) d. ❑ Yes ❑ No: Did the PHA adopt any changes to other policies based on the results of the required analysis of the need for deconcentration of poverty and income mixing? e. If the answer to d was yes, how would you describe these changes? (select all that apply) ❑ Additional affirmative marketing ❑ Actions to improve the marketability of certain developments ❑ Adoption or adjustment of ceiling rents for certain developments ❑ Adoption of rent incentives to encourage deconcentration of poverty and income - mixing ❑ Other (list below) f. Based on the results of the required analysis, in which developments will the PHA make special efforts to attract or retain higher -income families? (select all that apply) ❑ Not applicable: results of analysis did not indicate a need for such efforts ❑ List (any applicable) developments below: g. Based on the results of the required analysis, in which developments will the PHA make special efforts to assure access for lower-income families? (select all that apply) ❑ Not applicable: results of analysis did not indicate a need for such efforts ❑ List (any applicable) developments below: B. Section 8 Exemptions: PHAs that do not administer section 8 are not required to complete sub -component 3B. Unless otherwise specified, all questions in this section apply only to the tenant -based section 8 assistance program (vouchers, and until completely merged into the voucher program, certificates). (1) Eligibility a. What is the extent of screening conducted by the PHA? (select all that apply) ® Criminal or drug-related activity only to the extent required by law or regulation ❑ Criminal and drug-related activity, more extensively than required by law or regulation ❑ More general screening than criminal and drug-related activity (list factors below) FY 2003 Annual Plan Page 16 form HUD 50075 (03/2003) 03— 697 ❑ Other (list below) b. ® Yes ❑ No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? c. ❑ Yes ® No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? d. ❑ Yes ® No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC-authorized source) e. Indicate what kinds of information you share with prospective landlords? (select all that apply) ® Criminal or drug-related activity ❑ Other (describe below) (2) Waiting List Organization a. With which of the following program waiting lists is the section 8 tenant -based assistance waiting list merged? (select all that apply) ❑ None ❑ Federal public housing ® Federal moderate rehabilitation ❑ Federal project -based certificate program ❑ Other federal or local program (list below) b. Where may interested persons apply for admission to section 8 tenant -based assistance? (select all that apply) ® PHA main administrative office ® Other (list below) Office of Client Serrvices, 1313 NW 36th Street, 2nd Floor, Miami, FL 33142 and all Neighborhood Enhancement Team Offices, thirteen locations: Allapattah 1888 N.W. 21st St., Miami, FL Coconut Grove (N) 2820 McFarlane Rd., Miami, FL Coconut Grove (S) 3750 S. Dixie Hwy., Miami, FL Coral Way Net 1300 SW 12th Avenue, Miami, Fl. Downtown 63 N.W. 9th St., Miami, FL FY 2003 Annual Plan Page 17 form HUD 50075 (03/2003) 03- 697 Flagami 3802 NW 11 St., Miami, FL Little Haiti 7815 N.E. 2nd Ave., Miami, FL Little Havana 111 S.W. 5th Avenue, Miami, FL Little Havana (W) 2200 West Flagler St., Miami, FL Model City 100 N.W. 62nd St., Miami, FL Overtown 1490 N.W. 3rd Ave, Miami, FL Upper Eastside 6599 Biscayne Blvd., Miami, FL Wynwood/Edgewater, 101 N.W. 34th St., Miami, FL (3) Search Time a. ® Yes ❑ No: Does the PHA give extensions on standard 60 -day period to search for a unit? If yes, state circumstances below: (4) Admissions Preferences a. Income targeting ❑ Yes ® No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 75% of all new admissions to the section 8 program to families at or below 30% of median area income? b. Preferences 1. ❑ Yes ® No: Has the PHA established preferences for admission to section 8 tenant -based assistance? (other than date and time of application) (if no, skip to subcomponent (5) Special purpose section 8 assistance programs) 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) Former Federal preferences FY 2003 Annual Plan Page 18 form HUD 50075 (03/2003) 03- 6 9'7 ❑ Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) ❑ Victims of domestic violence ❑ Substandard housing ❑ Homelessness ❑ High rent burden (rent is > 50 percent of income) Other preferences (select all that apply) ❑❑ Working families and those unable to work because of age or disability Veterans and veterans' families ❑ Residents who live and/or work in your jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ® Other preference(s) (list below) Those unable to work due to age or disability 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1" more than once, "2" more than once, etc. Date and Time Former Federal preferences Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) ❑ Working families and those unable to work because of age or disability ❑ Veterans and veterans' families ❑ Residents who live and/or work in your jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) FY 2003 Annual Plan Page 19 form HUD 50075 (03/2003) 63- 697 ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) 4. Among applicants on the waiting list with equal preference status, how are applicants selected? (select one) ❑ Date and time of application ® Drawing (lottery) or other random choice technique 5. If the PHA plans to employ preferences for "residents who live and/or work in the jurisdiction" (select one) ❑ This preference has previously been reviewed and approved by HUD ❑ The PHA requests approval for this preference through this PHA Plan 6. Relationship of preferences to income targeting requirements: (select one) ❑ The PHA applies preferences within income tiers ❑ Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Special Purpose Section 8 Assistance Programs a. In which documents or other reference materials are the policies governing eligibility, selection, and admissions to any special-purpose section 8 program administered by the PHA contained? (select all that apply) ® The Section 8 Administrative Plan ❑ Briefing sessions and written materials ❑ Other (list below) b. How does the PHA announce the availability of any special-purpose section 8 programs to the public? ® Through published notices ❑ Other (list below) FY 2003 Annual Plan Page 20 form HUD 50075 (03/2003) 63- 697 4. PHA Rent Determination Policies [24 CFR Part 903.7 9 (d)] A. Public Housing Exemptions: PHAs that do not administer public housing are not required to complete sub -component 4A. (1) Income Based Rent Policies Describe the PHA's income based rent setting policy/ies for public housing using, including discretionary (that is, not required by statute or regulation) income disregards and exclusions, in the appropriate spaces below. a. Use of discretionary policies: (select one) ❑ The PHA will not employ any discretionary rent -setting policies for income based rent in public housing. Income -based rents are set at the higher of 30% of adjusted monthly income, 10% of unadjusted monthly income, the welfare rent, or minimum rent (less HUD mandatory deductions and exclusions). (If selected, skip to sub- component (2)) =•Y= ❑ The PHA employs discretionary policies for determining income based rent (If selected, continue to question b.) b. Minimum Rent 1. What amount best reflects the PHA's minimum rent? (select one) ❑ $0 ❑ $1-$25 ❑ $26-$50 2. ❑ Yes ❑ No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? 3. If yes to question 2, list these policies below: c. Rents set at less than 30% than adjusted income 1. ❑ Yes ❑ No: Does the PHA plan to charge rents at a fixed amount or percentage less than 30% of adjusted income? 2. If yes to above, list the amounts or percentages charged and the circumstances under which these will be used below: FY 2003 Annual Plan Page 21 form HUD 50075 (03/2003) 03- 697 d. Which of the discretionary (optional) deductions and/or exclusions policies does the PHA plan to employ (select all that apply) ❑❑ For the earned income of a previously unemployed household member For increases in earned income ❑ Fixed amount (other than general rent -setting policy) If yes, state amount/s and circumstances below: ❑ Fixed percentage (other than general rent -setting policy) If yes, state percentage/s and circumstances below: ❑ For household heads ❑ For other family members ❑ For transportation expenses ❑ For the non -reimbursed medical expenses of non -disabled or non -elderly families ❑ Other (describe below) e. Ceiling rents 1. Do you have ceiling rents? (rents set at a level lower than 30% of adjusted income) (select one) ❑ Yes for all developments ❑ Yes but only for some developments ❑ No 2. For which kinds of developments are ceiling rents in place? (select all that apply) ❑ For all developments ❑ For all general occupancy developments (not elderly or disabled or elderly only) ❑ For specified general occupancy developments ❑ For certain parts of developments; e.g., the high-rise portion ❑ For certain size units; e.g., larger bedroom sizes ❑ Other (list below) 3. Select the space or spaces that best describe how you arrive at ceiling rents (select all that apply) ❑ Market comparability study ❑ Fair market rents (FMR) ❑ 95th percentile rents ❑ 75 percent of operating costs ❑ 100 percent of operating costs for general occupancy (family) developments FY 2003 Annual Plan Page 22 form HUD 50075 (03/2003) 33- 697 ❑ Operating costs plus debt service ❑ The "rental value" of the unit ❑ Other (list below) f. Rent re -determinations: 1. Between income reexaminations, how often must tenants report changes in income or family composition to the PHA such that the changes result in an adjustment to rent? (select all that apply) ❑ Never ❑ At family option ❑ Any time the family experiences an income increase ❑ Any time a family experiences an income increase above a threshold amount or percentage: (if selected, specify threshold) ❑ Other (list below) g. ❑ Yes ❑ No: Does the PHA plan to implement individual savings accounts for residents (ISAs) as an alternative to the required 12 month disallowance of earned income and phasing in of rent increases in the next year? (2) Flat Rents 1. In setting the market-based flat rents, what sources of information did the PHA use to establish comparability? (select all that apply.) ❑ The section 8 rent reasonableness study of comparable housing ❑ Survey of rents listed in local newspaper ❑ Survey of similar unassisted units in the neighborhood ❑ Other (list/describe below) B. Section 8 Tenant -Based Assistance Exemptions: PHAs that do not administer Section 8 tenant -based assistance are not required to complete sub- component 4B. Unless otherwise specified, all questions in this section apply only to the tenant -based section 8 assistance program (vouchers, and until completely merged into the voucher program, certificates). FY 2003 Annual Plan Page 23 form HUD 50075 (03/2003) 03- 697 (1) Payment Standards Describe the voucher payment standards and policies. a. What is the PHA's payment standard? (select the category that best describes your standard) ❑ At or above 90% but below100% of FMR ❑ 100% of FMR ® Above 100% but at or below 110% of FMR ❑ Above 110% of FMR (if HUD approved; describe circumstances below) b. If the payment standard is lower than FMR, why has the PHA selected this standard? (select all that apply) ❑ FMRs are adequate to ensure success among assisted families in the PHA's segment of the FMR area ❑ The PHA has chosen to serve additional families by lowering the payment standard ❑ Reflects market or submarket ❑ Other (list below) c. If the payment standard is higher than FMR, why has the PHA chosen this level? (select all that apply) ® FMRs are not adequate to ensure success among assisted families in the PHA's segment of the FMR area ® Reflects market or submarket ® To increase housing options for families ❑ Other (list below) d. How often are payment standards reevaluated for adequacy? (select one) ® Annually ❑ Other (list below) e. What factors will the PHA consider in its assessment of the adequacy of its payment standard? (select all that apply) ® Success rates of assisted families ® Rent burdens of assisted families ❑ Other (list below) FY 2003 Annual Plan Page 24 form HUD 50075 (03/2003) 03- 697 2) Minimum Rent a. What amount best reflects the PHA's minimum rent? (select one) ❑ $0 ® $1-$25 ❑ $26-$50 b. ❑ Yes ❑ No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? (if yes, list below) 5. Operations and Management [24 CFR Part 903.7 9 (e)] Exemptions from Component 5: High performing and small PHAs are not required to complete this section. Section 8 only PHAs must complete parts A, B, and C(2) A. PHA Management Structure Describe the PHA's management structure and organization. (select one) ® An organization chart showing the PHA's management structure and organization is attached. ❑ A brief description of the management structure and organization of the PHA follows: B. HUD Programs Under PHA Management List Federal programs administered by the PHA, number of families served at the beginning of the upcoming fiscal year, and expected turnover in each. (Use "NA" to indicate that the PHA does not operate any of the programs listed below.) Program Name Units or Families Expected Served at Year Turnover Beginning Public Housing Section 8 Vouchers Section 8 Certificates Section 8 Mod Rehab 280 30 Special Purpose Section 8 CertificatesNouchers (list individually) Public Housing Drug Elimination Program PHDEP) Sec. 8 Replacement Vouchers 140 FY 2003 Annual Plan Page 25 form HUD 50075 (03/2003) 63- 697 Other Federal Programs(list C. Management and Maintenance Policies List the PHA's public housing management and maintenance policy documents, manuals and handbooks that contain the Agency's rules, standards, and policies that govern maintenance and management of public housing, including a description of any measures necessary for the prevention or eradication of pest infestation (which includes cockroach infestation) and the policies governing Section 8 management. (1) Public Housing Maintenance and Management: (list below) (2) Section 8 Management: (list below) 6. PHA Grievance Procedures [24 CFR Part 903.7 9 (f)] Exemptions from component 6: High performing PHAs are not required to complete component 6. Section 8 - Only PHAs are exempt from sub -component 6A. A. Public Housing 1. ❑ Yes ❑ No: Has the PHA established any written grievance procedures in addition to federal requirements found at 24 CFR Part 966, Subpart B, for residents of public housing? If yes, list additions to federal requirements below: 2. Which PHA office should residents or applicants to public housing contact to initiate the PHA grievance process? (select all that apply) ❑ PHA main administrative office ❑ PHA development management offices ❑ Other (list below) FY 2003 Annual Plan Page 26 form HUD 50075 (03/2003) 03- 697 B. Section 8 Tenant -Based Assistance 1. ® Yes ❑ No: Has the PHA established informal review procedures for applicants to the Section 8 tenant -based assistance program and informal hearing procedures for families assisted by the Section 8 tenant - based assistance program in addition to federal requirements found at 24 CFR 982? If yes, list additions to federal requirements below: The Section 8 Administrative Plan. 2. Which PHA office should applicants or assisted families contact to initiate the informal review and informal hearing processes? (select all that apply) ® PHA main administrative office — 444 SW 2nd Ave, 2nd Floor, Miami, FL 33130 ® Other (list below) Office of Client Services, 1313 NW 36th Street 2nd Floor Miami, FL 33142 7. Capital Improvement Needs N/A [24 CFR Part 903.7 9 (g)] Exemptions from Component 7: Section 8 only PHAs are not required to complete this component and may skip to Component 8. A. Capital Fund Activities Exemptions from sub -component 7A: PHAs that will not participate in the Capital Fund Program may skip to component 713. All other PHAs must complete 7A as instructed. (1) Capital Fund Program Annual Statement Using parts I, II, and III of the Annual Statement for the Capital Fund Program (CFP), identify capital activities the PHA is proposing for the upcoming year to ensure long-term physical and social viability of its public housing developments. This statement can be completed by using the CFP Annual Statement tables provided in the table library at the end of the PHA Plan template OR, at the PHA's option, by completing and attaching a properly updated HUD -52837. Select one: ❑ The Capital Fund Program Annual Statement is provided as an attachment to the PHA Plan at Attachment (state name) -or- ❑ The Capital Fund Program Annual Statement is provided below: (if selected, copy the CFP Annual Statement from the Table Library and insert here) FY 2003 Annual Plan Page 27 form HUD 50075 (03/2003) 03- 697 (2) Optional 5 -Year Action Plan Agencies are encouraged to include a 5 -Year Action Plan covering capital work items. This statement can be completed by using the 5 Year Action Plan table provided in the table library at the end of the PHA Plan template OR by completing and attaching a properly updated HUD -52834. a. ❑ Yes ❑ No: Is the PHA providing an optional 5 -Year Action Plan for the Capital Fund? (if no, skip to sub -component 713) b. If yes to question a, select one: ❑ The Capital Fund Program 5 -Year Action Plan is provided as an attachment to the PHA Plan at Attachment (state name -or- The Capital Fund Program 5 -Year Action Plan is provided below: (if selected, copy the CFP optional 5 Year Action Plan from the Table Library and insert here) B. HOPE VI and Public Housing Development and Replacement Activities (Non -Capital Fund) Applicability of sub -component 713: All PHAs administering public housing. Identify any approved HOPE VI and/or public housing development or replacement activities not described in the Capital Fund Program Annual Statement. ❑ Yes ❑ No: a) Has the PHA received a HOPE VI revitalization grant? (if no, skip to question c; if yes, provide responses to question b for each grant, copying and completing as many times as necessary) b) Status of HOPE VI revitalization grant (complete one set of questions for each grant) 1. Development name: 2. Development (project) number: 3. Status of grant: (select the statement that best describes the current status) ❑ Revitalization Plan under development ❑ Revitalization Plan submitted, pending approval ❑ Revitalization Plan approved ❑ Activities pursuant to an approved Revitalization Plan underway ❑ Yes ❑ No: c) Does the PHA plan to apply for a HOPE VI Revitalization grant in the Plan year? If yes, list development name/s below: FY 2003 Annual Plan Page 28 form HUD 50075 (03/2003) 93- 697 ❑ Yes ❑ No: d) Will the PHA be engaging in any mixed -finance development activities for public housing in the Plan year? If yes, list developments or activities below: ❑ Yes ❑ No: e) Will the PHA be conducting any other public housing development or replacement activities not discussed in the Capital Fund Program Annual Statement? If yes, list developments or activities below: 8. Demolition and Disposition [24 CFR Part 903.7 9 (h)] Applicability of component 8: Section 8 only PHAs are not required to complete this section. 1. ❑ Yes ❑ No: Does the PHA plan to conduct any demolition or disposition activities (pursuant to section 18 of the U.S. Housing Act of 1937 (42 U.S.C. 1437p)) in the plan Fiscal Year? (If "No", skip to component 9; if "yes", complete one activity description for each development.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided the activities description information in the optional Public Housing Asset Management Table? (If "yes", skip to component 9. If "No", complete the Activity Description table below.) Demolition/Disposition Activity Description 1 a. Development name: lb. Development (project) number: 2. Activity type: Demolition ❑ Dis osition ❑ 3. Application status (select one) Approved ❑ Submitted, pending approval ❑ Planned applicationEl 4. Date application approved, submitted, or planned for submission: (DD/MM/ 5. Number of units affected: 6. Coverage of action (select one) ❑ Part of the development ❑ Total development 7. Timeline for activity: a. Actual or projected start date of activity: b. Projected end date of activity: FY 2003 Annual Plan Page 29 form HUD 50075 (03/2003) 03- 697 9. Designation of Public Housing for Occupancy by Elderly Families or Families with Disabilities or Elderly Families and Families with Disabilities [24 CFR Part 903.7 9 (i)] Exemptions from Component 9; Section 8 only PHAs are not required to complete this section. 1. ❑ Yes ❑ No: Has the PHA designated or applied for approval to designate or does the PHA plan to apply to designate any public housing for occupancy only by the elderly families or only by families with disabilities, or by elderly families and families with disabilities or will apply for designation for occupancy by only elderly families or only families with disabilities, or by elderly families and families with disabilities as provided by section 7 of the U.S. Housing Act of 1937 (42 U.S.C. 1437e) in the upcoming fiscal year? (If "No", skip to component 10. If "yes", complete one activity description for each development, unless the PHA is eligible to complete a streamlined submission; PHAs completing streamlined submissions may skip to component 10.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If "yes", skip to component 10. If "No", complete the Activity Description table below. Designation of Public Housing Activity Description 1 a. Development name: lb. Development(project) number: 2. Designation type: Occupancy by only the elderly ❑ Occupancy by families with disabilities ❑ Occupancy by only elderly families and families with disabilities ❑ 3. Application status (select one) Approved; included in the PHA's Designation Plan ❑ Submitted, pending approval ❑ Planned application ❑ 4. Date this designation approved, submitted, or planned for submission: (DD/MM/YY) 5. If approved, will this designation constitute a (select one) ❑ New Designation Plan ❑ Revision of a previously -approved Designation Plan? 6. Number of units affected: 7. Coverage of action (select one) ❑ Part of the development ❑ Total development FY 2003 Annual Plan Page 30 form HUD 50075 (03/2003) 03- 697 10. Conversion of Public Housing to Tenant -Based Assistance [24 CFR Part 903.7 9 0)] Exemptions from Component 10; Section 8 only PHAs are not required to complete this section. A. Assessments of Reasonable Revitalization Pursuant to section 202 of the HUD FY 1996 HUD Appropriations Act 1. ❑ Yes ❑ No: Have any of the PHA's developments or portions of developments been identified by HUD or the PHA as covered under section 202 of the HUD FY 1996 HUD Appropriations Act? (If "No", skip to component 11; if "yes", complete one activity description for each identified development, unless eligible to complete a streamlined submission. PHAs completing streamlined submissions may skip to component 11.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If "yes", skip to component 11. If "No", complete the Activity Description table below. FY 2003 Annual Plan Page 31 form HUD 50075 (03/2003) 03- 697 Conversion of Public Housing Activity Description la. Development name: lb. Development (project) number: 2. What is the status of the required assessment? ❑ Assessment underway ❑ Assessment results submitted to HUD ❑ Assessment results approved by HUD (if marked, proceed to next question) ❑ Other (explain below) 3. ❑ Yes ❑ No: Is a Conversion Plan required? (If yes, go to block 4; if no, go to block 5.) 4. Status of Conversion Plan (select the statement that best describes the current status) ❑ Conversion Plan in development ❑ Conversion Plan submitted to HUD on: (DD/MM/YYYY) ❑ Conversion Plan approved by HUD on: (DD/MM/YYYY) ❑ Activities pursuant to HUD -approved Conversion Plan underway 5. Description of how requirements of Section 202 are being satisfied by means other than conversion (select one) ❑ Units addressed in a pending or approved demolition application (date submitted or approved: ❑ Units addressed in a pending or approved HOPE VI demolition application FY 2003 Annual Plan Page 31 form HUD 50075 (03/2003) 03- 697 (date submitted or approved: ) ❑ Units addressed in a pending or approved HOPE VI Revitalization Plan (date submitted or approved: ) ❑ Requirements no longer applicable: vacancy rates are less than 10 percent ❑ Requirements no longer applicable: site now has less than 300 units ❑ Other: (describe below) B. Reserved for Conversions pursuant to Section 22 of the U.S. Housing Act of 1937 C. Reserved for Conversions pursuant to Section 33 of the U.S. Housing Act of 1937 _11 Homeownership Programs Administered by the PHA [24 CFR Part 903.7 9 (k)] A. Public Housing Exemptions from Component 11A: Section 8 only PHAs are not required to complete 11A. 1. ❑ Yes ❑ No: Does the PHA administer any homeownership programs administered by the PHA under an approved section 5(h) homeownership program (42 U.S.C. 1437c(h)), or an approved HOPE I program (42 U.S.C. 1437aaa) or has the PHA applied or plan to apply to administer any homeownership programs under section 5(h), the HOPE I program, or section 32 of the U.S. Housing Act of 1937 (42 U.S.C. 1437z-4). (If "No", skip to component 1113; if "yes", complete one activity description for each applicable program/plan, unless eligible to complete a streamlined submission due to small PHA or high performing PHA status. PHAs completing streamlined submissions may skip to component 11B.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? (If "yes", skip to component 12. If "No", complete the Activity Description table below.) FY 2003 Annual Plan Page 32 form HUD 50075 (03/2003) 03- 697 Public Housing Homeownership Activity Description (Complete one for each development affected) 1 a. Development name: lb. Development(project) number: 2. Federal Program authority: ❑ HOPE I ❑ 5(h) ❑ Turnkey III ❑ Section 32 of the USHA of 1937 (effective 10/1/99 3. Application status: (select one) ❑ Approved; included in the PHA's Homeownership Plan/Program ❑ Submitted, pending approval ❑ Planned application 4. Date Homeownership Plan/Program approved, submitted, or planned for submission: (DD/MM/YYYn 5. Number of units affected: 6. Coverage of action: (select one) ❑ Part of the development ❑ Total development B. Section 8 Tenant Based Assistance 1. ❑ Yes ® No: Does the PHA plan to administer a Section 8 Homeownership program pursuant to Section 8(y) of the U.S.H.A. of 1937, as implemented by 24 CFR part 982 ? (If "No", skip to component 12; if "yes", describe each program using the table below (copy and complete questions for each program identified), unless the PHA is eligible to complete a streamlined submission due to high performer status. High performing PHAs may skip to component 12.) 2. Program Description: a. Size of Program ❑ Yes ❑ No: Will the PHA limit the number of families participating in the section 8 homeownership option? If the answer to the question above was yes, number of participants? (select one) ❑ 25 or fewer participants ❑ 26 - 50 participants ❑ 51 to 100 participants ❑ more than 100 participants b. PHA -established eligibility criteria which statement best describes the FY 2003 Annual Plan Page 33 form HUD 50075 (03/2003) 93- 697 ❑ Yes ❑ No: Will the PHA's program have eligibility criteria for participation in its Section 8 Homeownership Option program in addition to HUD criteria? If yes, list criteria below: 12. PHA Community Service and Self-sufficiency Programs [24 CFR Part 903.7 9 (1)] Exemptions from Component 12: High performing and small PHAs are not required to complete this component. Section 8 -Only PHAs are not required to complete sub -component C. A. PHA Coordination with the Welfare (TANF) Agency 1. Cooperative agreements: ❑ Yes ® No: Has the PHA has entered into a cooperative agreement with the TANF Agency, to share information and/or target supportive services (as contemplated by section 12(d)(7) of the Housing Act of 1937)? If yes, what was the date that agreement was signed? DD/MM/YY 2. Other coordination efforts between the PHA and TANF agency (select all that apply) ❑ Client referrals ❑ Information sharing regarding mutual clients (for rent determinations and otherwise) ❑ Coordinate the provision of specific social and self-sufficiency services and programs to eligible families ❑ Jointly administer programs ❑ Partner to administer a HUD Welfare -to -Work voucher program ❑ Joint administration of other demonstration program ❑ Other (describe) B. Services and programs offered to residents and participants (1) General a. Self -Sufficiency Policies Which, if any of the following discretionary policies will the PHA employ to enhance the economic and social self-sufficiency of assisted families in the following areas? (select all that apply) ❑ Public housing rent determination policies ❑ Public housing admissions policies ❑ Section 8 admissions policies ❑ Preference in admission to section 8 for certain public housing families ❑ Preferences for families working or engaging in training or education programs for non -housing programs operated or coordinated by the PHA ❑ Preference/eligibility for public housing homeownership option participation FY 2003 Annual Plan Page 34 form HUD 50075 (03/2003) 03- 697 ❑ Preference/eligibility for section 8 homeownership option participation ❑ Other policies (list below) b. Economic and Social self-sufficiency programs ❑ Yes ❑ No: Does the PHA coordinate, promote or provide any programs to enhance the economic and social self-sufficiency of residents? (If "yes", complete the following table; if "no" skip to sub- component 2, Family Self Sufficiency Programs. The position of the table may be altered to facilitate its use. ) Services and Programs Program Program Name & Description Estimated Allocation (including location, if appropriate) Size Method (waiting list/random selection/specific criteria/other Access (development office / PHA main office / other provider name) Eligibility (public housing or section 8 participants or both) Section 8 (2) Family Self Sufficiency programs a. Participation Description Fa By Self Sufficiency FSS Partici ation Program Required Number of Participants start of FY 2000 Estimate Actual Number of Participants As of: DD/MM/YY Public Housing Section 8 b. ❑ Yes ❑ No: If the PHA is not maintaining the minimum program size required by HUD, does the most recent FSS Action Plan address the steps the PHA plans to take to achieve at least the minimum program size? FY 2003 Annual Plan Page 35 form HUD 50075 (03/2003) 03- 697 If no, list steps the PHA will take below: C. Welfare Benefit Reductions 1. The PHA is complying with the statutory requirements of section 12(d) of the U.S. Housing Act of 1937 (relating to the treatment of income changes resulting from welfare program requirements) by: (select all that apply) ❑ Adopting appropriate changes to the PHA's public housing rent determination policies and train staff to carry out those policies ❑ Informing residents of new policy on admission and reexamination ❑ Actively notifying residents of new policy at times in addition to admission and reexamination. ❑ Establishing or pursuing a cooperative agreement with all appropriate TANF agencies regarding the exchange of information and coordination of services ❑ Establishing a protocol for exchange of information with all appropriate TANF agencies ❑ Other: (list below) D. Reserved for Community Service Requirement pursuant to section 12(c) of the U.S. Housing Act of 1937 13. PHA Safety and Crime Prevention Measures [24 CFR Part 903.7 9 (m)] Exemptions from Component 13: High performing and small PHAs not participating in PHDEP and Section 8 Only PHAs may skip to component 15. High Performing and small PHAs that are participating in PHDEP and are submitting a PHDEP Plan with this PHA Plan may skip to sub -component D. A. Need for measures to ensure the safety of public housing residents 1. Describe the need for measures to ensure the safety of public housing residents (select all that apply) ❑ High incidence of violent and/or drug-related crime in some or all of the PHA's developments ❑ High incidence of violent and/or drug-related crime in the areas surrounding or adjacent to the PHA's developments ❑ Residents fearful for their safety and/or the safety of their children ❑ Observed lower -level crime, vandalism and/or graffiti ❑ People on waiting list unwilling to move into one or more developments due to perceived and/or actual levels of violent and/or drug-related crime ❑ Other (describe below) FY 2003 Annual Plan Page 36 form HUD 50075 (03/2003) 03- 697 2. What information or data did the PHA used to determine the need for PHA actions to improve safety of residents (select all that apply). ❑ Safety and security survey of residents ❑ Analysis of crime statistics over time for crimes committed "in and around" public housing authority ❑ Analysis of cost trends over time for repair of vandalism and removal of graffiti ❑ Resident reports ❑ PHA employee reports ❑ Police reports ❑ Demonstrable, quantifiable success with previous or ongoing anticrime/anti drug programs ❑ Other (describe below) 3. Which developments are most affected? (list below) B. Crime and Drug Prevention activities the PHA has undertaken or plans to undertake in the next PHA fiscal year 1. List the crime prevention activities the PHA has undertaken or plans to undertake: (select all that apply) ❑ Contracting with outside and/or resident organizations for the provision of crime - and/or drug -prevention activities ❑ Crime Prevention Through Environmental Design ❑ Activities targeted to at -risk youth, adults, or seniors Volunteer Resident Patrol/Block Watchers Program ❑ Other (describe below) 2. Which developments are most affected? (list below) C. Coordination between PHA and the police 1. Describe the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities: (select all that apply) ❑ Police involvement in development, implementation, and/or ongoing evaluation of drug -elimination plan ❑ Police provide crime data to housing authority staff for analysis and action ❑ Police have established a physical presence on housing authority property (e.g., community policing office, officer in residence) ❑ Police regularly testify in and otherwise support eviction cases ❑ Police regularly meet with the PHA management and residents FY 2003 Annual Plan Page 37 form HUD 50075 (03/2003) X33-- 697 ❑ Agreement between PHA and local law enforcement agency for provision of above - baseline law enforcement services ❑ Other activities (list below) 2. Which developments are most affected? (list below) D. Additional information as required by PHDEP/PHDEP Plan PHAs eligible for FY 2000 PHDEP funds must provide a PHDEP Plan meeting specified requirements prior to receipt of PHDEP funds. ❑ Yes ❑ No: Is the PHA eligible to participate in the PHDEP in the fiscal year covered by this PHA Plan? ❑ Yes ❑ No: Has the PHA included the PHDEP Plan for FY 2000 in this PHA Plan? ❑ Yes ❑ No: This PHDEP Plan is an Attachment. (Attachment Filename: __) 14. RESERVED FOR PET POLICY [24 CFR Part 903.7 9 (n)] 15. Civil Ri!hts Certifications [24 CFR Part 903.7 9 (o)] Civil rights certifications are included in the PHA Plan Certifications of Compliance with the PHA Plans and Related Regulations. 16. Fiscal Audit [24 CFR Part 903.7 9 (p)] 1. ® Yes ❑ No: Is the PHA required to have an audit conducted under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U S.C. 1437c(h))? (If no, skip to component 17.) 2. ® Yes ❑ No: Was the most recent fiscal audit submitted to HUD? 3. ® Yes ❑ No: Were there any findings as the result of that audit? 4. ® Yes ❑ No: If there were any findings, do any remain unresolved? If yes, how many unresolved findings remain? 5. ® Yes ❑ No: Have responses to any unresolved findings been submitted to HUD? If not, when are they due (state below)? FY 2003 Annual Plan Page 38 form HUD 50075 (03/2003) 03- 697 17. PHA Asset Management [24 CFR Part 903.7 9 (q)] Exemptions from component 17: Section 8 Only PHAs are not required to complete this component. High performing and small PHAs are not required to complete this component. 1. ❑ Yes ❑ No: Is the PHA engaging in any activities that will contribute to the long- term asset management of its public housing stock, including how the Agency will plan for long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs that have not been addressed elsewhere in this PHA Plan? 2. What types of asset management activities will the PHA undertake? (select all that apply) ❑ Not applicable ❑ Private management ❑ Development -based accounting ❑ Comprehensive stock assessment ❑ Other: (list below) 3. ❑ Yes ❑ No: Has the PHA included descriptions of asset management activities in the optional Public Housing Asset Management Table? 18. Other Information [24 CFR Part 903.7 9 (r)] A. Resident Advisory Board Recommendations 1. ® Yes ❑ No: Did the PHA receive any comments on the PHA Plan from the Resident Advisory Board/s? A Public Hearing on the Plan is scheduled for June 11, 2003. Comments will be incorporated into the final version of the Plan. 2. If yes, the comments are: (if comments were received, the PHA MUST select one) ❑ Attached at Attachment (File name) ❑ Provided below: 3. In what manner did the PHA address those comments? (select all that apply) ❑ Considered comments, but determined that no changes to the PHA Plan were necessary - F_] The PHA changed portions of the PHA Plan in response to comments List changes below: FY 2003 Annual Plan Page 39 form HUD 50075 (03/2003) 03+ 697 ❑ Other: (list below) B. Description of Election process for Residents on the PHA Board 1. ❑ Yes ❑ No: Does the PHA meet the exemption criteria provided section 2(b)(2) of the U.S. Housing Act of 1937? (If no, continue to question 2; if yes, skip to sub -component C.) 2. ❑ Yes ❑ No: Was the resident who serves on the PHA Board elected by the residents? (If yes, continue to question 3; if no, skip to sub- component C.) 3. Description of Resident Election Process a. Nomination of candidates for place on the ballot: (select all that apply) ❑ Candidates were nominated by resident and assisted family organizations ❑ Candidates could be nominated by any adult recipient of PHA assistance ❑ Self -nomination: Candidates registered with the PHA and requested a place on ballot ❑ Other: (describe) b. Eligible candidates: (select one) ❑ Any recipient of PHA assistance ❑ Any head of household receiving PHA assistance ❑ Any adult recipient of PHA assistance ❑ Any adult member of a resident or assisted family organization ❑ Other (list) c. Eligible voters: (select all that apply) ❑ All adult recipients of PHA assistance (public housing and section 8 tenant -based assistance) ❑ Representatives of all PHA resident and assisted family organizations ❑ Other (list) C. Statement of Consistency with the Consolidated Plan For each applicable Consolidated Plan, make the following statement (copy questions as many times as necessary). 1. Consolidated Plan jurisdiction: City of Miami FY 2003 Annual Plan Page 40 form HUD 50075 (03/2003) 10'- 697 2. The PHA has taken the following steps to ensure consistency of this PHA Plan with the Consolidated Plan for the jurisdiction: (select all that apply) ® The PHA has based its statement of needs of families in the jurisdiction on the needs expressed in the Consolidated Plan/s. ❑ The PHA has participated in any consultation process organized and offered by the Consolidated Plan agency in the development of the Consolidated Plan. ❑ The PHA has consulted with the Consolidated Plan agency during the development of this PHA Plan. ❑ Activities to be undertaken by the PHA in the coming year are consistent with the initiatives contained in the Consolidated Plan. (list below) ❑ Other: (list below) 4. The Consolidated Plan of the jurisdiction supports the PHA Plan with the following actions and commitments: (describe below) D. Other Information Required by HUD Use this section to provide any additional information requested by HUD. FY 2003 Annual Plan Page 41 form HUD 50075 (03/2003) 03- 697 Attachments Use this section to provide any additional attachments referenced in the Plans. 1) City of Miami Section 8 Administrative Plan 2) Section 8 Management Organization Chart 3) Certification of Consistency with the Consolidated Plan 4) Anti -Lobbying Certification 5) Drug-free Workplace Certification FY 2003 Annual Plan Page 42 form HUD 50075 (03/2003) 03- 697 PHA Plan Table Library Component 7 Capital Fund Program Annual Statement Parts I, II, and II N/A Annual Statement Capital Fund Program (CFP) Part I: Summary Capital Fund Grant Number FFY of Grant Approval: (MM/YY)M ❑ Original Annual Statement Line No. Summary by Development Account Total Estimated Cost 1 Total Non -CGP Funds 2 1406 Operations 3 1408 Management Improvements 4 1410 Administration 5 1411 Audit 6 1415 Liquidated Damages 7 1430 Fees and Costs 8 1440 Site Acquisition 9 1450 Site Improvement 10 11460 Dwelling Structures 11 1465.1 Dwelling E ui ment-Nonex endable 12 1470 Nondwelling Structures 13 1475 Nondwelling Equipment 14 1485 Demolition 15 1490 Replacement Reserve 16 1492 Moving to Work Demonstration 17 1495.1 Relocation Costs 18 1498 Mod Used for Development 19 1502 Contingency 20 Amount of Annual Grant Sum of lines 2-19 21 Amount of line 20 Related to LBP Activities 22 Amount of line 20 Related to Section 504 Compliance 23 Amount of line 20 Related to Security 24 Amount of line 20 Related to Energy Conservation Measures form HUD 50075 (03/2003) Table Library o3- 697 Annual Statement Capital Fund Program (CFP) Part II: Supporting Table Development Number/Name HA -Wide Activities General Description of Major Work Categories Development Account Number Total Estimated Cost Table Library form HUD 50075 (03/2003) o3- 607 Annual Statement Capital Fund Program (CFP) Part III: Implementation Schedule Development Number/Name HA -Wide Activities All Funds Obligated (Quarter Ending Date) All Funds Expended (Quarter Ending Date) form HUD 50075 (03/2003) Table Library 03— 69"7 Optional Table for 5 -Year Action Plan for Capital Fund (Component 7) Complete one table for each development in which work is planned in the next 5 PHA fiscal years. Complete a table for any PHA -wide physical or management improvements planned in the next 5 PHA fiscal year. Copy this table as many times as necessary. Note: PHAs need not include information from Year One of the 5 -Year cycle, because this information is included in the Capital Fund Program Annual Statement. Optional 5 -Year Action Plan Tables Development Development Name Number % Vacancies Number (or indicate PHA wide) Vacant in Development Units Description of Needed Physical Improvements or Management Estimated Planned Start Date Improvements Cost HA Fiscal Year Total estimated cost over next 5 years CA form HUD 50075 (03/2003) ,� Table Library Optional Public Housing Asset Management Table See Technical Guidance for instructions on the use of this table, including information to be provided. Public Housing Asset Management Development Identification Activity Description Name, Number, and Location Number and Type of units Capital Fund Program Parts II and III Component 7a Development Demolition / Designated Conversion Home- Other Activities disposition housing ownership (describe) Component 7b Component 8 Component 9 Component 10 Component Component Ila 17 form HUD 50075 (03/2003) Table Library City of Miami Department of Community Development Housing Division SECTION 8 ADMINISTRATIVE PLAN Rev. Oct. 1999 o3-- 697 Cuty of Miami, Dept. of Comm...ev. Section 8 Administrative Plan Table of Contents SECTIONI. INTRODUCTION: .................................................................................... 1 1. Mission Statement: ................................................................................................. 1 2. Purpose of Policy: .................................................................................................. 1 3. Primary Responsibilities of DCD:........................................................................1 4. Ob i ectives:..............................................................................................................2 5. Outreach: ............................................................................................................... 3 A. Outreach to Owners: ................................................................................. 3 B. Outreach to Potential Clients: .................................................................. 3 SECTION II. FAIR HOUSING POLICY AND EQUAL OPPORTUNITY HOUSING PLAN...........................................................................................................3 1. Fair Housing Policy: .............................................................................................. 3 2. Equal Opportunity Housing Plan: ....................................................................... 4 3. Equal Opportunity Posting Requirements: ........................................................ 4 SECTION III. PRIVACY RIGHTS...................................................................................5 SECTION IV. DEFINITION OF TERMS........................................................................5 1. Absorption: ............................................................................................................. 5 2. Adiusted Income: ................................................................................................... 5 3. Administrative Fee: ............................................................................................... 6 4. Administrative Fee Reserve: ................................................................................. 6 5. Administrative Plan: ............................................................................................. 6 6. Admission: .............................................................................................................. 6 7. Adult: ...................................................................................................................... 7 8. Amortization Pavment:.........................................................................................7 9. Annual Contributions Contract (ACC): .............................................................. 7 10. Annual Income: ...................................................................................................... 7 11. Applicant: ............................................................................................................... 9 12. Budget Authority: .................................................................................................. 9 13. Certificate: .............................................................................................................. 9 14. Certificate or Voucher Holder: ............................................................................. 9 15. Certificate Program:..............................................................................................9 16. Child........................................................................................................................9 17. Child Care Expenses: ............................................................................................ 9 18. Child Custody: ....................................................................................................... 9 19. Citizen: .................................................................................................................. 10 20. Common Space: ................................................................................................... 10 21. Congregate Housing:..........................................................................................10 22. Contiguous Metropolitan Statistical Area (MSA): ........................................... 10 23. Continuously Assisted: ........................................................................................ 10 24. Contract Authority: ............................................................................................. 10 25. Cooperative Housing (Term includes mutual housing):..................................10 26. Dependent: ............................................................................................................ 10 Rev. Oct. 1999 Page i 03- 697 Cuty of Miami, Dept. of Comm. rev. Section 8 Administrative Plan Table of Contents 27. Department of Communitv Development (DCD)............................................10 28. Disabled Person: ................................................................................................... 10 29. Displaced Family: ................................................................................................. 10 30. Domicile: ............................................................................................................... 10 31. Drug -Related Criminal Activity: ........................................................................ 10 32. Elderly Family: ..................................................................................................... 11 33. Elderly Person: ..................................................................................................... 11 34. Evidence of Citizenship or Eligible Immigration Status..................................11 35. Exception Rent: .................................................................................................... 11 36. Fair Market Rent (FMR):...................................................................................11 37. Familial Status......................................................................................................11 38. Family....................................................................................................................12 39. Family Self -Sufficiency (FSS) Program:............................................................12 40. Family Share: ....................................................................................................... 12 41. Family Unit Size: .................................................................................................. 12 42. FMR/Exception Rent Limit: ............................................................................... 13 43. Foster Children: ................................................................................................... 13 44. Full -Time Student: ............................................................................................... 13 45. Funding Increment: ............................................................................................. 13 46. Gross Rent: ........................................................................................................... 13 47. Group Home: ........................................................................................................ 13 48. Handicapped Assistance Expense: ..................................................................... 13 49. Handicapped Person and/or Disabled Person: .................................................. 13 50. Hazardous Duty Pay: ........................................................................................... 14 51. Head of Household...............................................................................................14 52. Homeless Family: ................................................................................................. 14 53. Housing Agency (PHA):......................................................................................15 57. Housing Assistance Payment (HAP):.................................................................15 55. Housing Assistance Payment (HAP) Contract: ................................................. 15 56. Housing Ouality Standards (HOS): ................................................................... 15 57. HUD - Housing & Urban Development: ............................................................ 15 58. HUD Requirements: ............................................................................................ 15 59. Income Exclusions: .............................................................................................. 15 60. Infant: .................................................................................................................... 19 61. Initial Contract Rent: .......................................................................................... 19 62. Initial PHA: .......................................................................................................... 19 63. Initial Lease Term: .............................................................................................. 19 64. Initial Payment Standard: ................................................................................... 19 65. Initial Rent to Owner: ......................................................................................... 19 66. Interim Re -determination of Rent: .................................................................... 19 67. INS.........................................................................................................................19 68. Jurisdiction: .......................................................................................................... 19 69. Lease: .................................................................................................................... 19 70. Lease Addendum: ................................................................................................ 19 71. Live -in -Aide: .......................................................................................................... 20 Rev. Oct. 1999 Page ii oa-- 697 Cuty of Miami, Dept. of Comm..,ev. Section 8 Administrative Plan Table of Contents 72. Low -Income Family: ............................................................................................ 20 73. Manufactured Homes: ......................................................................................... 20 74. Manufactured Home Space: ............................................................................... 20 75. Medical Expense: ................................................................................................. 20 76. Military Service: .................................................................................................... 20 77. Minimum Rent: .................................................................................................... 20 78. Minimum Rent Hardship Exemptions: ............................................................. 20 79. Minor: ................................................................................................................... 21 80. Mixed Family........................................................................................................21 81. Monthly Adiusted Income: ................................................................................. 21 82. Monthly Income: .................................................................................................. 21 83. Mutual Housing:..................................................................................................21 84. National.................................................................................................................22 85. Net Family Assets: ................................................................................................ 22 86. Non-citizen............................................................................................................22 87. Notice of Funding Availability(NOFA):...........................................................22 88. Over -FMR Tenancy: ........................................................................................... 22 89. Owner: .................................................................................................................. 22 90. Participant: ........................................................................................................... 22 91. Payment Standard: .............................................................................................. 22 92. Portability: ............................................................................................................ 22 93. Preference: ............................................................................................................ 23 94. Premises: ............................................................................................................... 23 95. Private Space: ....................................................................................................... 23 96. Program:...............................................................................................................23 97. Proiect Based: ....................................................................................................... 23 98. Proiect Based Certificate Program:...................................................................23 99. Reasonable Rent: ................................................................................................. 23 100. Receiving PHA: .................................................................................................... 23 101. Re -certification: .................................................................................................... 23 102. Re-examination Date: .......................................................................................... 23 103. Regular Tenancy: ................................................................................................. 23 104. Remaining Member of the Tenant Family: ....................................................... 23 105. Rent to Owner: ..................................................................................................... 24 106. Residency Preference: ......................................................................................... 24 107. Residency Preference Area: ................................................................................ 24 108. Set -Up Charges:...................................................................................................24 109. Shared Housing:...................................................................................................24 110. Single Person: ....................................................................................................... 24 111. Single Room Occupant (SRO): ........................................................................... 24 112. Special Admission: ............................................................................................... 24 113. Spouse: .................................................................................................................. 24 114. Subsidy Standards: .............................................................................................. 24 115. Suspension: ............................................................................................................ 24 116. Temporarily Absent Family Members: ............................................................. 25 Rev. Oct. 1999 jj�� i V3- Cuty of Miami, Dept. of Comm. "ev. Section 8 Administrative Plan Table of Contents 117. Tenant: .................................................................................................................. 25 118. Tenant -Based: ...................................................................................................... 25 119. Tenant Rent: ......................................................................................................... 25 120. Total Tenant Payment (TTP): ............................................................................ 25 121. Utilities: ................................................................................................................. 26 122. Utility Allowance: ................................................................................................. 26 123. Utility Hook -Up Charge:.....................................................................................26 124. Utility Reimbursement Payment (URP)............................................................26 125. Very Low -Income Family: .................................................................................. 26 126. Violent Criminal Activity: ................................................................................... 26 127. Voucher: ................................................................................................................ 26 128. Wage Earner: ....................................................................................................... 26 129. Waiting List Admission: ...................................................................................... 26 130. Welfare Assistance: .............................................................................................. 26 SECTION V. APPLYING FOR ASSISTANCE.........................................................27 1. How to Apply: ...................................................................................................... 27 2. Closing of Application Taking:...........................................................................27 3. Opening of Application Taking:.........................................................................27 SECTION VI. MISSED APPOINTMENTS FOR APPLICANT OR PARTICIPANT........................................................................................2 8 1. Missed Appointment Without Notification: ...................................................... 28 2. Process when Appointment(s) are Missed: ........................................................ 29 3. Letters Mailed to Applicants by DCD:..............................................................29 SECTION VII. MISREPRESENTATION BY THE APPLICANT OR PARTICIPANT ....................................................................................................................29 SECTION VIII. SECTION 8 ELIGIBILITY CRITERIA...............................................29 1. Eligibility:.............................................................................................................29 2. Ineligible:..............................................................................................................30 3. Informed of Ineligibility:.....................................................................................30 4. Single Person: ....................................................................................................... 30 5. Declaration of Citizenship: ................................................................................. 30 6. Adding a Person to the Program:.......................................................................30 SECTION IX. VERIFICATION AND DOCUMENTATION......................................31 1. Social Security Number(SSN):...........................................................................31 2. Employer Identification Number(EIN).............................................................32 3. Additional Documentation..................................................................................32 4. Separation with Children: ................................................................................... 33 5. Separation - No Children: ................................................................................... 34 6. U. S. Citizenship Verification and Appeal Procedures: ................................... 34 7. Criminal Records Management Policy: ............................................................. 35 Rev. Oct. 1999 Page ivc n 69 o3- Cuty of Miami, Dept. of Comm. "ev. Section 8 Administrative Plan Table of Contents SECTION X. GROUNDS FOR DENIAL OR TERMINATION OF ASSISTANCE..........................................................................................36 1. Denied Admission: ............................................................................................... 36 2. Notification of Denial: .......................................................................................... 38 3. Time Frames for Denial: ..................................................................................... 38 SECTION XI. APPLICANT DENIED ASSISTANCE AND PROVIDED OPPORTUNITY FOR INFORMAL REVIEW OR PARTICIPANT ASSISTANCE IS TERMINATED AND PROVIDED OPPORTUNITY FOR INFORMAL HEARING.................................39 1. Applicant Informal Review.................................................................................39 2. Participant Informal Hearing.............................................................................39 SECTION XII. SECTION 8 APPLICANT SELECTION PROCESS ..........................41 1. Housing Voucher Selection and Participation Process: ................................... 41 A. Equal Opportunity: ................................................................................. 41 B. Types of Selection: ................................................................................... 41 C. Special Admissions: ................................................................................. 41 2. Organization of the Waiting List: ...................................................................... 41 3. Order of Selection from the Waiting List: ......................................................... 42 4. Maintaining the Waiting List: ............................................................................ 42 5. Procedure for Removing an Applicants Name from the Waiting List............43 6. Purging the Waiting List: .................................................................................... 44 7. Verification of Preference (timing), if applicable: ............................................ 44 SECTION XIII. ORIENTATION OF FAMILIES FOR THE MODERATE REHAB PROGRAM AND FOR THE REPLACEMENT HOUSING VOUCHER...............................................................................................44 A. Families Participating In The Moderate Rehabilitation Program..................44 1. Briefing..................................................................................................................44 2. Briefing Attendance Requirement: .................................................................... 44 3. Format of the Briefing:........................................................................................44 B. For Families Receiving Replacement Vouchers...............................................45 1. Briefin..................................................................................................................45 2. Briefing Attendance Requirement: .................................................................... 45 3. Format of the Briefing:........................................................................................45 4. Approval of Lease and Execution of Related Documents: ............................... 48 SECTION XIV. DCD DISAPPROVAL OF OWNER......................................................48 1. Owner Debarred: ................................................................................................. 48 2. DCD Administrative Discretion: ........................................................................ 48 SECTION XV. OWNER RESPONSIBILITY FOR SCREENING TENANTS ........... 49 1. Suitability for Tenancy: ....................................................................................... 49 Rev. Oct. 1999 Page v 63- 697 Cuty of Miami, Dept. of Comm. "ev. Section 8 Administrative Plan Table of Contents 2. Family's Background:.........................................................................................49 3. Information Provided Owner Concerning Tenancy: ....................................... 49 SECTION XVI. WHERE A FAMILY CAN LEASE A UNIT WITH TENANT - BASED ASSISTANCE AND PORTABILITY PROCEDURES ......... 49 1. Assistance in the Initial PHA's Jurisdiction: ..................................................... 49 2. Portability - Assistance Outside the Initial PHA's Jurisdiction: ..................... 50 3. Income Eligibility:................................................................................................50 4. Leasing in Place: .................................................................................................. 50 5. Freedom of Choice: .............................................................................................. 50 6. Portabilitv - Administration by the Initial PHA Outside the Initial PHA's Jurisdiction: .......................................................................................................... 5u 7. Portability - Administration by Receiving PHA: .............................................. 51 8. Portability Procedures: ....................................................................................... 51 9. Absorption by the Receiving PHA: .................................................................... 51 10. Portability Billing:..............................................................................................52 SECTION XVII. ABSENCE FROM THE ASSISTED UNIT...........................................52 SECTION XVIII. CONTINUED ASSISTANCE AFTER FAMILY BREAK-UP ...........52 1. Assisted Unit: ........................................................................................................ 52 2. Interest of Family Members: .............................................................................. 52 3. Physical Violence: ................................................................................................ 53 SECTION XIX. SUBSIDY STANDARDS.........................................................................53 SECTION XX. INSPECTIONS OF PRIVATE LANDLORD'S PROPERTY: ........... 54 1. Moderate Rehabilitation Program.................................................................... 54 2. Voucher Program.................................................................................................55 SECTION XXI. INSPECTION STANDARDS:................................................................55 1. HOS Inspection Areas: ........................................................................................ 55 2. Types of HOS Inspections: .................................................................................. 56 3. Inspection Notifications.......................................................................................56 4. Failures. Notifications and Corrective Periods.................................................57 SECTION XXII. DETERMINATION OF PARTICIPANT RENT AND RE- EXAMINATION OF INCOME AND FAMILY CIRCUMSTANCES................................................................................57 1. Annual Re-examination: ..................................................................................... 58 2. Interim Re -determination of Rent: .................................................................... 58 3. Notice of Temporary Rent: ................................................................................. 59 4. The Effective Dates of Interim Re -determination of Rent: .............................. 59 5. Special Re-examinations: .................................................................................... 60 6. Minimum Rent Hardship Exemptions: ............................................................. 60 Rev. Oct. 1999 Page A 03- 697 Cuty of Miami, Dept. of Comm..>ev. Section 8 Administrative Plan Table of Contents 7. Reduction of Welfare Benefits: ........................................................................... 61 8. Exception to Rent Reductions: ........................................................................... 61 SECTION XXIII. ADJUSTMENT TO UTILITY ALLOWANCES AND CONTRACT RENTS, PLUS MONTHLY HOUSING ASSISTANCE PAYMENTS...................................................................61 1. Utility Allowances: ............................................................................................... 61 2. Contract Rents: .................................................................................................... 62 A. Annual Adjustment: ................................................................................ 62 B. A special adjustment: .............................................................................. 62 3. Monthly Housing Assistance Payment (HAP) Payments: ................................ 62 SECTION XXIV. FAIR MARKET RENT (FMR), PAYMENT STANDARD FOR VOUCHERS AND RENT REASONABLENESS LIMITATION ...... 63 1. Three Types of Tenancy in the Section 8 Tenant -based Programs: ............... 63 2. Negotiating Rent to Owner.................................................................................63 3. Rent to Owner: Reasonable Rent.......................................................................63 A. DCD determination..................................................................................63 B. Comparability..........................................................................................63 C. Owner certification of rents charged for other units ............................63 4. Maximum Subsidy: FMR/Exception Rent Limit..............................................63 A. Purpose......................................................................................................63 B. Determining exception rent.....................................................................64 5. Voucher Tenancy or Over -FMR Tenancy: (How to calculate housingassistance payment)...............................................................................65 A. Use of payment standard.........................................................................65 B. Voucher program: ................................................................................... 65 C. Over -FMR tenancy: ................................................................................. 66 D. Payment standard for family..................................................................66 6. Over -FMR Tenancy: DCD Approval.................................................................67 A. DCD discretion to approve......................................................................67 B. Requirements............................................................................................67 C. Amount of assistance...............................................................................67 D. The method of selection shall be on a first come, first served basis....67 7. Regular Tenancy: (How to calculate housing assistance payment) ................ 67 8. Regular Tenancy: (Limit on initial rent to owner)...........................................68 A. FMR/exception rent limit........................................................................68 B. Reasonable rent........................................................................................68 9. Regular Tenancy: (Annual adjustment of rent to owner)................................68 A. When rent is adjusted..............................................................................68 B. Amount of annual adjustment................................................................68 10. Regular Tenancy: (Special adjustment of rent to owner)................................69 A. Substantial and general cost increases...................................................69 B. Reasonable rent........................................................................................69 C. Term of special adjustment.....................................................................69 Rev. Oct. 1999 Page Vii 03- 697 Cuty of Miami, Dept. of Comm..,.ev. Section 8 Administrative Plan Table of Contents 11. Rent to Owner: (Effect of rent control).............................................................69 12. Rent to Owner: (In subsidized projects) ............................................................69 A. Subsidized rent.........................................................................................69 B. HOME......................................................................................................70 13. 14. 15. 16. C. Other subsidy: .......................................................................................... Other Fees and Charges......................................................................................70 Distribution of Housing Assistance Payment....................................................70 Family Share: (Family responsibility)...............................................................70 Family Income and Composition: (Regular and interim examinations) ........ 70 70 A. DCD responsibility for reexamination and verification .......................70 B. When DCD conducts interim reexamination........................................71 C. Family reporting of change.....................................................................71 D. Effective date of reexamination..............................................................71 E. Family member income...........................................................................71 17. Utility Allowance Schedule..................................................................................71 A. Maintaining schedule...............................................................................71 B. How allowances are determined.............................................................72 C. Revisions of utility allowance schedule.................................................72 D. Use of utility allowance schedule............................................................73 E. Higher utility allowance as reasonable accommodation for a person withdisabilities.........................................................................................73 SECTION XXV. AFFORDABILITY ADJUSTMENTS AND RENT PROVISIONS - VOUCHERS ONLY...............................................................................73 1. Annual Increases of Payment Standards...........................................................73 2. Rent Negotiation...................................................................................................73 3. Rent Increase: ....................................................................................................... 73 4. DCD Disapproval of Lease: ................................................................................. 73 SECTION XXVI. SECURITY DEPOSIT............................................................................74 SECTION XXVII. TERMINATION OF TENANCY BY OWNER...................................74 1. Reasons for Termination: .................................................................................... 74 2. Eviction by Court Action: ................................................................................... 75 3. Written Notice: ..................................................................................................... 75 4. Termination During First Year: ......................................................................... 75 SECTION XXVIII. TERMINATION OF HOUSING ASSISTANCE PAYMENT (HAP) CONTRACT.............................................................................................75 1. Termination of HAP Contract When the Unit is to Big or Too Small: .......... 75 2. Breach of Contract: ............................................................................................. 76 3. Automatic Terminate of HAP Contract: ........................................................... 76 SECTION XXIX. PROGRAM MANAGEMENT PLAN - Organization Plan ...............76 1. Director of Community Development: ............................................................... 76 Rev. Oct. 1999 Page viii 03- 69 Cuty of Miami, Dept. of Comm. A ev. Section 8 Administrative Plan Table of Contents 2. Section 8 Program Manner: .............................................................................. 76 3. Housing Inspection Supervisor: .......................................................................... 76 4. Fiscal Administrator: ........................................................................................... 76 4. Housing Specialist:...............................................................................................76 5. Housing Inspector: ............................................................................................... 76 SECTION XXX. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REVIEW OF CONTRACT COMPLIANCE........................................76 SECTION XXXI. ADMINISTRATIVE FEE RESERVE EXPENDITURES ...............76 SECTION XXXII. SPECIAL HOUSING TYPES................................................................77 SECTION XXXIII. FAMILY SELF-SUFFICIENCY PROGRAMS...................................77 1. Eligible FSS Participants: ................................................................................... 77 2. Termination of FSS: ............................................................................................ 77 3. Reduction of Required FSS Program................................................................78 SECTION XXXIV. CLOSING OF FILES AND/ PURGING INACTIVE FILES..............78 Rev. Oct. 1999 Page ix 03- 697 City of Miami Department of Community Development Housing Division SECTION S ADMINISTRATIVE PLAN Rev. Oct. 1999 93- 697 City of Miami, Dept. of Comm. ,iev. SECTION I. INTRODUCTION Section 8 Administrative Plan 1. Mission Statement: The goal of the City of Miami Section 8 housing programs is to provide decent, safe, and sanitary rental housing for eligible families combined with opportunities to promote self-sufficiency and economic independence for Section 8 participants. In order to achieve this mission, the City of Miami will: • Recognize residents as the program's ultimate customer • Improve the City of Miami, Department of Community Development's (DCD) management and service delivery efforts through effective and efficient management of DCD staff • Seek problem -solving partnerships with residents, landlords, community, and government leadership • Apply DCD resources to the effective and efficient management and operation of Section 8 programs. 2. Purpose of Policy: The purpose of this plan is to establish guidelines for the DCD staff to follow in determining eligibility for the Section 8 programs (Moderate Rehabilitation and Replacement Voucher programs). The basic guidelines for this plan are governed by requirements of The Department of Housing and Urban Development (HUD), with latitude for local policies and procedures. The Policies and Procedures governing admissions and continued occupancy are outlined in this plan and these requirements are binding upon applicants, residents, landlords and this DCD alike. Notwithstanding the above, changes in applicable federal law or regulations shall supersede provisions in conflict with this policy. Federal Regulations shall mean those found in Section 24 CFR (Code of Federal Regulations) 3. Primary Responsibilities of DCD: • Informing eligible families of the availability of Section 8 assistance; • Encouraging owners to make their units available for lease by Section 8 participants; • Determining the maximum amount of housing assistance payments that can be used for family -paid utilities; and posting the utility allowances annually; • Receiving applications from families and determining their eligibility for assistance; • Inspecting Section 8 units to determine that they meet or exceed Section 8 Housing Quality Standards; • Approving leases; Revised Oct. 1999 Page 1 03-- 697 City of Miami, Dept. of Comm. rev. al Section 8 Administrative Plan • Making Housing Assistance Payments to owners; • Perform annual and periodic re-examinations of income, family composition and re -determination of rent; Objectives: The objectives of this plan are to: A. Promote the overall goal of decent, safe and sanitary housing by using the Section 8 program to house eligible families in private rental housing; therefore, increasing the housing stock for very low-income families. B. Improve the City's housing stock by requiring participating landlords to meet Section 8 Housing Quality Standards for their rental property. C. Facilitate the efficient management of the DCD and compliance with Federal Regulations by establishing policies for the efficient and effective management of the Section 8 program and staff. D. Comply in letter and spirit with Title VI of the Civil Rights Act of 1964, and all other applicable Federal laws and regulations to insure that occupancy in assisted housing is administered without regard to race, color, religion, sex, handicap, familial status and national origin. E. The Housing and Community Development Act of 1974 reflects the intent of the U.S. Congress, wherever possible, to preserve the nation's existing housing stock should be preserved. The Section 8 Program will allow DCD to utilize the existing housing stock and allow a family qualifying for Section 8 Assistance and living in substandard housing to remain, if the owner brings the housing unit up to HQS standards and the Section 8 participant chooses to remain in that unit. F. DCD's assistance is based on the Section 8 Moderate Rehabilitation Program established in the United States Act of 1937. This program includes the following projects and locations: Project Address No. of Units Indian River Investments 149 NW 11th Street 24 1232 NW 1" Place 33 1201 NW 2 n Avenue 9 Little Havana Limited 520 SW 14th Avenue 18 1414 SW 5th Street 24 1036 SW 7th Street 20 862 SW 6th Street 18 104 SW 20th Avenue 16 142 SW 17th Avenue 6 Revised Oct. 1999 Page 2 03- 697 City of Miami, Dept. of Comm. jev. Don Juan Apartments Miami Limited 5. Outreach: 2177 SW 23rd Avenue 150 SW 17th Avenue 2244 SW 9th Street 1920 SW 2nd Street 1629 SW 13th Street 1128 NW 6th Street 985 SW 5th Street 1270 NW 60th Street 1501 NW 59th Street 1370 NW 61" Street 1320 NW 61St Street 1321 NW 61St Street Section 8 Administrative Plan 18 12 12 24 18 20 18 18 36 48 20 A. Outreach to Owners: DCD will encourage participation by owners of suitable units located outside areas of low income or minority concentration by distributing and communicating through the local media (newspaper, radio, television, etc.) information concerning property owners leasing units under the Section 8 programs. B. Outreach to Potential Clients: DCD may make known to the public, through publications in a newspaper of general circulation as well as through minority media and other suitable means, the availability and nature of housing assistance for lower-income families. The notice shall inform such families when and where to apply for Section 8 rental assistance. DCD shall take affirmative actions to provide opportunities for program participation for persons who, because of such factors as race, ethnicity, sex of household head, age, or source of income, are less likely to apply for Section 8 rental assistance. DCD may hold meetings concerning the Section 8 programs with local social community agencies SECTION II. FAIR HOUSING POLICY AND EQUAL OPPORTUNITY HOUSING PLAN 1. Fair Housing_ Policy: The Fair Housing Policy of DCD to comply fully with all Federal, State, and local nondiscrimination laws and in accordance with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment and with the Americans with Disabilities Act. Specifically, DCD shall not on the basis of race, color, religion, sex, handicap, familial status, and national origin, deny any family or individual the opportunity to apply for or receive assistance under HUD's Section 8 Programs, within the requirements and regulations of HUD and other regulatory authorities. To further its commitment to full Revised Oct. 1999i1 0 _ Pte ,.y City of Miami, Dept. of Comm..lev. Section 8 Administrative Plan compliance with applicable Civil Rights laws, DCD will provide Section 8 participants access to information to regarding "discrimination". Also, this subject will be discussed during the briefing session and any complaints will be documented and made part of the applicants/participants file. For families and/or individuals who report alleged discrimination in obtaining assisted housing, DCD shall assist these persons by providing the family/individual with a HUD Housing Discrimination Complaint Form, HUD - 903. The individual must complete this form and report alleged discrimination to the Birmingham HUD Office of Fair Housing and Equal Opportunity. For example, a resident may be trying to obtain other rental housing and/or is attempting to purchase a home and experiences alleged discrimination. 2. Equal Opportunity Housing: DCD is a participant in the Section 8 programs and is required to comply with equal opportunity requirements imposed by contract or federal law. This includes applicable requirements under: A. The Fair Housing Act, 42 U. S. C. 3610-3619 (implementing regulations at 24 CFR parts 100, et seq.); B. Title VI of the Civil Rights Act of 1964, 42 U. S. C. 2000d (implementing regulations at 24 CFR partI); C. The age discrimination act of 1975, 42 U. S. C. 6101-6107 (implementing regulations at 24 CFR, part 146); D. Executive Order 11063, Equal Opportunity in Housing (1962), as amended, Executive Order 12259, 46 FR1253 (1980), as amended, Executive Order 12892, 59FR 2939 (1994) (implementing regulations at 24 CFR, part 107); E. Section 504 of the Rehabilitation Act of 1973, 29 U. S. C. 794 (implementing regulations at 24 CFR, part 8; and F. Title II of the Americans with Disabilities Act, 42 U. S. C.12101, et seq. 3. Equal Opportunity Posting Requirements: DCD shall maintain a bulletin board in its waiting room that will accommodate the following posted materials: A. Statement of Policies and Procedures Governing the Section 8 Administrative Plan. B. Open Occupancy Notice (Applications being Accepted and/or Not Accepted) C. Income Limits for Admission. D. Utility Allowances. E. Informal Review and Hearing Procedure. F. Fair Housing Poster. Revised Oct. 1999 Pah 4 03-97 City of Miami, Dept. of Comm. liev. G. 'Equal Opportunity in Employment" Poster. SECTION III. PRIVACY RIGHTS Section 8 Administrative Plan Applicants will be required to sign the Federal Privacy Act Statement, which states the conditions HUD will release information concerning Section 8 participants. Requests for information by other parties must be accompanied by a signed release requesting DCD to release any information involving an applicant or participant, unless disclosure is authorized under Federal or State law or regulations (Reference HUD Form 9886). SECTION IV. DEFINITION OF TERMS Section 24 part 5 and Section 982.4 Definitions effective from time to time are incorporated by reference as if fully set out herein. Copies of this regulation are available in DCD Office. PHA refers to any housing authority or public housing authority. Absorption: In portability, the point at which a receiving PHA stops billing the initial PHA for assistance on behalf of a portability family. 2. Adjusted Income: Adjusted Family Income is the income on which total tenant payment is to be based and means the Total Annual Income less the following allowances: A. A deduction of $480.00 for each member of the family (other than head of household or spouse) who is: (1) seventeen (17) years of age or younger, or (2) eighteen (18) years of age or older and a verified full-time student and/or is disabled or handicapped according to this Section. B. A deduction of dollar amounts anticipated to be paid for the care of children (including foster children) under thirteen (13) years of age where care is necessary to enable a family member to be gainfully employed or to further his/her education. The dollar amount must be verified and reflect reasonable charges and cannot exceed the amount of income from employment (if employed). C. A deduction of $400.00 for Elderly Family whose head, spouse or sole member is sixty-two (62) years of age or older and/or is handicapped or disabled according to this Section. D. A deduction for any elderly family: (1) That has no Handicapped Assistance Expense, an allowance for medical expenses equal to the amount by which the medical expense shall exceed three (3%) percent of Total Annual Family Income. (2) That has Handicapped Assistance Expenses greater than or equal to three (3%) percent of Total Annual Family Income, an Allowance for Revised Oct. 1999 Page 5 93- 697 City of Miami, Dept. of Comm. L)ev. Section 8 Administrative Plan Handicapped Assistance computed in accordance with paragraph f of this Section, plus an allowance for medical expenses that is equal to the Family's medical expenses. (3) That has Handicapped Assistance Expenses that are less than three (3%) percent of Total Annual Family Income, an allowance for combined Handicapped Assistance expense and medical expense that is equal to the amount by which the sum of these expenses exceeds three (3%) percent of Total Annual Family Income. Expenses used to compute the deduction cannot be compensated for nor covered by insurance. E. A deduction for any family that is not an elderly family but has a handicapped or Disabled member other than the head of household or spouse, Handicapped Assistance Expense in excess of three (3%) percent of Total Annual Family Income, but this allowance may not exceed the employment received by family members who are eighteen (18) years of age or older as a result of the Assistance to the Handicapped or Disabled person. F. Child Care 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 his or her education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for childcare, and, in the case of childcare necessary to permit employment, the amount deducted shall not exceed the amount of income received from such employment. The PHA will determine a reasonable charge, by conducting surveys of local childcare providers. The results are posted in the PHA office(s). Note: If the Total Annual Income less the above allowances result in a rent that is less than the established minimum rent, the resident rent will be established at the PHA established minimum rent. Administrative Fee: Fee paid by HUD to the PHA for administration of the program and will include hard -to -house fees paid for moves by families with three or more minors, and extra counseling money that may be authorized by HUD 4. Administrative Fee Reserve: (formerly "operating reserve") Account established by PHA from excess administrative fee income. PHA administrative fees may only be used to cover costs incurred to perform PHA administrative responsibilities for the program in accordance with HUD regulations and requirements. 5. Administrative Plan: The administrative plan describes PHA policies for administration of the Section 8 programs. This document is the administrative plan for DCD. 6. Admission: The effective date of the first HAP contract for a family (first day of initial lease term) in a tenant -based program. This is the point when the family becomes a Revised Oct. 1999 Page 6 03- 697 City of Miami, Dept. of Comm. iiev. participant in the program. 7. Adult: An adult is: Section 8 Administrative Plan • 19 years of age or older, • 18 years of age and married (not common law), or • A person that has been relieved of the disability of non -age by the juvenile court. Note: Only adults shall be eligible to enter into a lease agreement for occupancy 8. Amortization Pa 1Ment: In a manufactured home space rental, the monthly debt service payment by the family to amortize the purchase price of the manufactured home. 9. Annual Contributions Contract (ACC . A written contract between HUD and a PHA. Under the contract HUD agrees to provide funding for operation of the program, and the PHA agrees to comply with HUD requirements for the program. 10. Annual Income: Annual Income is the anticipated total income from all sources received by the family head and spouse (even if temporarily absent) and by each additional member of the family, including all net income derived from assets, for the 12 -month period following the effective date of initial determination or re-examination of income, exclusive of certain other types of income specified in this policy. Annual Income includes, but is not limited to, the following: Ref: 24 CFR 5.609 A. The full amount, before any payroll deduction, of wages and salaries, and overtime pay, including compensation for personal services (such as commissions, fees, tips and bonuses); B. 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 other 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. C. Interest, dividends and other net income of any kind from real or personal property. (For this purpose, expenditures for amortization of capital indebtedness and an allowance for depreciation of capital assets shall not be deducted to determine the net income from real or personal property). All allowance for depreciation is permitted only as authorized in Paragraph "B" 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 $5,000.00, 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; Revised Oct. 1999 Page 7 03- 697 City of Miami, Dept. of Comm. ,)ev. Section 8 Administrative Plan D. The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefit and other similar types of periodic receipts, including a lump sum payment for the delayed start of a periodic payment; E. Payments in lieu of earnings, such as unemployment and disability compensation, social security benefits, workmen's compensation and severance pay; F. Welfare assistance. If the welfare assistance payment includes an amount specifically designated for shelter and utilities that are 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 - (1) £(1) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities, plus (2) 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; G. Periodic and determinable allowances, such as alimony, child support payments, and regular (monthly) contributions gifts, including amounts received from any persons not residing in the dwelling. H. All regular pay, special payments and allowances (such as longevity, overseas duty, rental allowances for dependents, etc.) received by a member of the Armed Forces (whether or not living in the dwelling) who is head of the family, spouse, or other family member whose dependents are residing in the unit (see "hazardous duty pay"). I. Payments to the head of the household for support of a minor or payments nominally to a minor for his support but controlled for his benefit by the head of the household or a resident family member other than the head, who is responsible for his support; J. Veterans Administration compensation (Service Connected Disability or Death Benefits). Note: If it is not feasible to anticipate a level of income over a 12 -month period, the income anticipated for a shorter period may be annualized, subject to a determination at the end of the shorter period. Participants that receive lump -sum payments that are included as income and fall in the categories listed above, must report the income to the Section 8 Coordinator as soon as possible but no later that ten (10) calendar days after receipt of the funds and the applicable portion of the payment that is due as subsidy to the PHA is due Revised Oct. 1999 Page 8 J3 697 City of Miami, Dept. of Comm. Lev. .lection 8 Administrative Plan fourteen (14) days after the PHA notifies the family of the amount due. Unreported Income: If a Section 8 participant fails to report changes in income, as required, the Section 8 assistance will be terminated. 11. Applicant: (applicant family) A family that has applied for admission to a program, but is not yet a participant in the program. 12. Budget Authority: An amount authorized and appropriated by the Congress for payment to PHAs 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. 13. Certificate: A document issued by a PHA to a family selected for to the rental certificate program. The certificate describes the program, and the procedures for PHA approval of a unit selected by the family. The certificate also states the obligation of the family under the program. 14. Certificate or Voucher Holder: A family holding a certificate or voucher with unexpired search time. 15. Certificate Program: Rental Certificate program. 16. Child: A member of the family, other than the family head or spouse, who is under 18 years of age. 17. Child Care Expenses: Child Care Expenses are amounts anticipated to be paid by the family for the care of children under thirteen (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/her education and only to the extent such amounts are not reimbursed. In the case of child care necessary to permit employment, the amount deducted must be verified and reflect reasonable charges and shall not exceed the amount of income received from such employment. The PHA will not normally determine childcare expenses as necessary when the household contains an additional unemployed adult who is physically capable of caring for the children. An example of an exception may be an unemployed adult that is not capable of caring for a child because of some type of disability and/or handicap. The head of household must document the disability/handicap that prevents the adult from providing childcare. 18. Child Custody: An applicant/participant family who does not have full custody of a child/children may only claim a child as a dependent by the following: A. The applicant/participant must have primary custody of the child. B. The applicant/participant must provide sufficient evidence that the child would Revised Oct. 1999 Page 9 03- 697 City of Miami, Dept. of Comm. ,rev. .lection 8 Administrative Plan reside with the Section 8 participant. Note: The same child cannot be claimed by more than one applicant. 19. Citizen: A citizen or national of the United States. 20. Common Space: In shared housing: Space available for use by the assisted family and other occupants of the unit. 21. Congregate Housing: Housing for elderly persons or persons with disabilities that meets the HQS for congregate housing. 22. Contiguous Metropolitan Statistical Area (MSA): In portability, an MSA that shares a common boundary with the MSA in which the jurisdiction of the initial PHA is located. 23. Continuously Assisted: An applicant is continuously assisted under the 1937 Housing Act if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the Section 8 program. 24. Contract Authority: The maximum annual payment by HUD to a PHA for a funding increment. 25. Cooperative Housing (Term includes mutual housing): Housing owned by a non-profit 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. 26. 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 student. An unborn child shall not be considered a dependent. 27. Department of Community Development (DCD): The City of Miami's Housing Authority. The body that administers the Policies established "in this Administrative Plan. 28. Disabled Person: (See "Handicapped Person") 29. Displaced Family: A person, or family, displaced by governmental 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. 30. Domicile: The legal residence of household head or spouse as determined in accordance with State and local law. 31. Drug -Related Criminal Activity: Term means: A. Drug-trafficking, which is: The illegal manufacture, sale or distribution, or the Revised Oct. 1999Page�0 03-97 City of Miami, Dept. of Comm. vev. Section 8 Administrative Plan possession with intent to manufacture, sell or distribute, of a controlled substance (as defined in section 102 of the controlled substances act (21 U. S. C. 802), or B. Illegal use, or possession for personal use, of a controlled substance (as defined in Section 102 of the controlled substances act (21 U. S. C. 802) 32. Elderly Family A family whose head or spouse or whose sole member is at least sixty- two (62) years of age, or disabled, or handicapped and may include two or more elderly, disabled or handicapped persons living together, or one or more such persons living with another person who is determined to be essential to his or her care and well being. 33. Elderly Person: A person who is at least sixty-two (62) years of age. 34. Evidence of Citizenship or Eligible Immigration Status: The documents that must be submitted to evidence citizenship or eligible immigration status (Reference CFR 5.508(b)). 35. Exception Rent: In the certificate program, an initial rent (contract rent plus any utility allowance) in excess of the published FMR. For certificates, exception rent is approved by HUD, and is used in determining the initial contract rent. In the voucher program, the PHA may adopt a payment standard up to the exception rent limit approved by HUD for the PHA certificate program. 36. Fair Market Rent (FMR): The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non -luxury) nature with suitable amenities. FMRs for existing housing are established by HUD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in accordance with 24 CFR, part 888. 37. Familial Status: A single pregnant woman and individuals in the process of obtaining custody of any individual who has not attained the age of 18 years are processed for occupancy the same an single persons (Reference Federal Register published February 13, 1996, pages 5,662 and 5,663). In Section II "Reinventing Parts 812 and 912 of the Federal Register states: "The April 10, 1992 proposed revisions to parts 812 and 912, which concern section 5(b) of the Fair Housing Amendments Act of 1988 (FHAA) and the treatment of single, pregnant women obtaining custody, are not included in this final rule. The statutory prohibition against housing discrimination towards such persons is sufficiently clear and enforceable. Since the percentage limit for occupancy by single persons (which could have been used to mask instances of discrimination against persons in these protected classes) has been eliminated, it is no longer necessary to distinguish persons in the FHAA-protected classes from other single persons." Revised Oct. 1999 Page 11 03- 697 City of Miami, Dept. of Comm. i )ev. Section 8 Administrative Plan Therefore, a single pregnant woman and individuals in the process of obtaining custody of any individual who has not attained the age of 18 years are processed for occupancy the same an single persons and only entitled subsidy for a zero or one -bedroom family unit size. 38. Family: (See Below) The term "family" as used in this policy means: A. Two or more persons related by blood, marriage, or by operation of law. A family with or without children (the temporary absence of a child from the home due to placement in foster care shall not be considered in determining family composition and family size); who lives regularly together as a single household in the dwelling unit. By definition, a family must contain a competent adult of at least 19 years of age or 18 years of age and married (not common law) to enter into a contract and capable of functioning as the head of the household. Note: If an individual is 18 and qualifies under the definition of family by being married, the head of household and the spouse must be parties to the lease. There must be some concept of family living beyond the mere sharing or intention to share housing accommodations by two or more persons to constitute them as a family within the meaning of this policy. Some recognized and acceptable basis of family relationship must exist as a condition of eligibility. B. An elderly family; C. A near -elderly family; D. A disabled family; E. A displaced family; F. The remaining member of a tenant family (Refer Definition No. G. A single person who is not elderly or displaced person, disabilities, or the remaining member of a tenant family. Note: 101); and or a person with Housing assistance limitation for single persons. A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family may not be provided (for tenant -based assistance) housing assistance for which the family unit size exceeds the one bedroom level (Ref. 982.207 Housing assistance limitation for single persons, published in the Federal Register on 2/13/96). The rule does not prohibit a single person from residing in a larger unit (2 or more bedrooms) with the amount of subsidy for a zero or one -bedroom family unit size. The limit is on the amount of subsidy paid NOT the SIZE of the UNIT! 39. Family Self -Sufficiency (FSS) Program: The program established by a PHA to promote self-sufficiency of assisted families, including the provision of supportive services (42 U. S. C. 1437u). Reference 24 CFR, part 984. 40. Family Share: The portion of rent and utilities paid by the family. Revised Oct. 1999 Pge 12 91- 697 City of Miami, Dept. of Comm. joev. Section 8 Administrative Plan 41. Family Unit Size: The appropriate number of bedrooms for a family. Family unit size is determined by the PHA under the PHA subsidy standards. 42. FMR/Exception Rent Limit: The Section 8 Existing Housing fair market rent published by HUD Headquarters, or any exception rent. For a regular tenancy in the Certificate program, the initial rent to owner plus any utility allowance may not exceed the FMR/exception rent limit (for the selected dwelling unit or for the family unit size). For a tenancy in the voucher program the PHA may adopt a payment standard up to the FRM/exception limit. For an over -FMR tenancy in the Certificate program, the payment standard is the FMR/exception rent limit. 43. Foster Children: With the prior written consent of the PHA, a foster child may be added as a Section 8 participant. The factors considered by the PHA in determining whether or not consent is granted may include: A. Whether the addition of a new occupant may require the issuance of a new certificate or voucher, and whether such documents are available. B. The Section 8 landlord's obligation to allow reasonable accommodation for handicapped persons. 44. Full -Time Student: A member of a family (other than the head of household or spouse) who is carrying a subject load which is considered full-time for day students under the standards and practices of the educational institution attended. An educational institution includes a vocational school with diploma, as well as an institution offering a college degree. The attended educational institution will supply verification. 45. Funding Increment: Each commitment of budget authority by HUD to a PHA under the consolidated ACC for the PHA program. 46. Gross Rent: The sum of the rent to owner plus any utility allowance. 47. 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 -aid). 48. Handicapped Assistance Expense: Reasonable expenses that are anticipated, during the period for which Total Annual Family Income is computed, for attendant care and auxiliary apparatus for a Handicapped or Disabled family member and that are necessary to enable a family member (including the Handicapped or Disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source. 49. Handicapped Person and/or Disabled Person: A person having a physical or mental impairment which: Revised Oct. 1999 Page 13 03- 697 City of Miami, Dept. of Comm..jev. _iection 8 Administrative Plan A. Is expected to be of long -continued and indefinite duration, B. Substantially impedes his/her ability to live independently; and C. Is of such a nature that such disability could be improved by more suitable housing conditions. Note: (All three conditions must be met to qualify as handicapped.) A person who is under a disability as defined in Section 223 of the Social Security Act (42 U.S.C. 423) or in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 USC 6001(7)), or is handicapped as defined below: D. Section 223 of the Social Security Act defines disability as: (1) "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 twelve (12) months; or (2) in the case of any individual who has attained the age of fifty-five (55) and is blind (within the meaning of "blindness" as defined in Section 416(1) 1 of this title), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time." E. Section 102(5) of the Development Disabilities Services and Facilities Construction Amendments of 1970 defines disability as: "A disability attributable to mental retardation, cerebral palsy, epilepsy or another neurological condition of an individual found by the Secretary (of Health and Human Resources) to be closely related to mental retardation or to require treatment similar to that required for mentally retarded individuals, which disability originates before such individual attains age eighteen (18), which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to such individual." 50. Hazardous Duty Pam Pay to a family member in the Armed Forces away from home and exposed to hostile fire. 51. Head of Household: The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. Also, the held of household is primarily responsible and accountable for the family, particularly in regard to lease obligations. 52. Homeless Family: Any individual or family who: A. Lacks a fixed, regular, and adequate nighttime residence; Revised Oct. 1999 Page 14 03- 69-1 City of Miami, Dept. of Comm. ,oev. _iection 8 Administrative Plan B. Has a primary nighttime residence that is: (1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing or housing for the mentally ill); (2) An institution that provides a temporary residence for individuals intended to be institutionalized; or (3) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. C. A homeless family does not include: (1) Any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State Law; or (2) Any individual who is a Single Room Occupant that is not considered substandard housing as defined in 83 below. 53. Housing Agency (PHA): Housing Agency (formerly Public Housing Agency (PHA), PHA and HA are the same thing) A State, county, municipality or other governmental entity or public body (or agency or instrumentality thereof) authorized to engage in or assist in the development or operation of low-income housing. 54. Housing Assistance Payment (HAP): The monthly assistance payment by the PHA. The total assistance payment consists of: A. A payment to the owner for rent to owner under the family's lease. B. An additional payment to the family if the total assistance payment exceeds the rent to owner. In the certificate program, the additional payment is called a "utility reimbursement". The PHA may elect to pay the appropriate amount directly to the utility provider. 55. Housing Assistance Pa n�HAP) Contract: A written contract between an PHA and an owner, in the form prescribed by HUD, in which the PHA agrees to make housing assistance payments to the owner on behalf of an eligible family. 56. Housing Quality Standards (HQS): The HUD minimum quality standards for housing assistance under the Section 8 programs. 57. HUD - Housing & Urban Development: The U. S. Department of Housing and Urban Development. 58. HUD Requirements: HUD requirements for the Section 8 programs. HUD requirements are issued by HUD headquarters, as regulations, Federal Register notices or other binding program directives. 59. Income Exclusions: Annual Income does not include such temporary, non-recurring or sporadic income as the following: Revised Oct. 1999 Page 15c n �.y 03- 69 City of Miami, Dept. of Comm. rev. Section 8 Administrative Plan A. Temporary: Casual, sporadic, temporary, nonrecurring income, including gifts. B. Medical Reimbursements: Amounts that are specifically received from, or are a reimbursement of, the cost of illness or medical care. C. Lump -sum additions to family assets: Such as, but not necessarily limited to, inheritances, insurance payments, including payments under health and accident insurance and workmen's compensation, capital gains, and settlements for personal or property losses. D. Scholarships: Full amounts of educational scholarships paid directly to the student or to the educational institution and amounts paid by the United Sates government to a veteran for use in meeting the cost of tuition, fees, books, equipment, materials, supplies, transportation, and miscellaneous personal expenses of the student. E. Relocation payments: Made pursuant to Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4636). F. Food Stamps: The value of the coupon allotments for the purchase of food in excess of the amount actually charged an eligible household pursuant to the Food Stamp Act of 1973 [7 USC 2017(b)]. G. Domestic Volunteers Service Act: Payments received by participants or volunteers in programs pursuant to the Domestic Volunteers Service Act of 1973 [42 USC 5044(8), 5058]. H. Income of a live-in aide: (as defined in this policy). I. Job Training Partnership Act: Payments received from the Job Training Partnership Act [29 USC 1552(b)]. J. Hazardous Duty Pay: For a family member in the Armed Forces away from home and exposed to hostile fire. K. Minor Income: Income from employment of children (including foster children) under the age of eighteen (18). L. Foster Care: Payment received for the care of foster children. M. Alaska Native Claims Settlement Act: Payments received under the Alaska Native Claims Settlement Act [43 U.S.C. 1626(a)], or reparation payments made by foreign governments in connection with the Holocaust. N. Sub marginal Land Income: Income derived from certain sub marginal land of the Revised Oct. 1999 Page 16 ,33- 697 City of Miami, Dept. of Comm...,ev. Section 8 Administrative Plan United States that is held in trust for certain Indian tribes [25 U.S.C. 459(e)]. O. Home Energy Assistance Program: Payments or allowances made under the Department of Health and Human Services Low -Income Home Energy Assistance Program [42 U.S.C. 8624(f)]. P. Grand River band of Ottawa Indians: Income derived from the disposition of funds of the Grand River band of Ottawa Indians (Pub. Law 94-540, 90 Stat. 2503-2504). Q. Indian Claims Commission or the Court of Claims: The first $2,000.00 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims (25 U.S.C. 1407-1408), or from funds held in trust for an Indian tribe by the Secretary of Interior [25 U.S.C. 117(b), 1407]. R. Older Americans Act: Payments from Programs under Title V of The Older Americans Act of 1965 [42 U.S.C. 3056(f)]. S. HUD Training: Amounts received under training programs funded by the Department of Housing and Urban Development. T. Plan to Attain Self -Sufficiency: Amounts received by a disabled person 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). U. Other Publicly Assisted Programs: 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, child care, etc.) and which are made solely to allow participation in a specific program. V. Earned Income Tax Credit Refund: For taxable years after December 31, 1990, the earned income tax credit refund. Effective Date: July 25, 1994. W. A Resident Service Stipend: A resident stipend is a modest amount (i.e., $200 or less per month), received by a resident for performing a service for the 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 resident management. No resident may receive more than one such stipend during the same period of time. The exclusion exempts resident service stipends from annual income, but only if the resident service stipend does not exceed $200 per month. Compensation from state or local employment training programs and the 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 a limited period as determined in advance. Revised Oct. 1999 Page 176 03- City of Miami, Dept. of Comm..jev. Section 8 Administrative Plan X. Adoption Assistance Payments: Income payments received for the care of adopted children to the extent that the payments exceed $480 per adopted child. Y. Student Financial Assistance: This exclusion exempts from annual income all amounts received from student financial assistance. Student financial assistance is interpreted broadly to include various scholarships, educational entitlements, grants, work-study programs and financial aid packages. Z. Earned Income of Full -Time Students: This exclusion exempts earnings in excess of $480 for each full-time student eighteen years old or older, except for the head of household and spouse. The exemption only applies to earnings in excess of $480 since the family already receives a $480 deduction from income for any full- time student. AA. Adult Foster Care Payments: This exclusion removes from the computation of annual income payments for the care of foster adults, usually individuals with disabilities, unrelated to the tenant family, who are unable to live alone. Currently, only payments for the care of foster children are excluded from annual income. In adding this exclusion, the Department is not requiring that housing authorities or owners permit foster adults in assisted housing. BB. Compensation from state or local Job Training Programs and Training of Resident Management Staff. this exclusion exempts compensation received from qualifying employment training programs and the training of resident management staff. To qualify under this exclusion, the compensation received must be a component of a state or local Employment Training Program with clearly defined goals and objectives. Moreover, only the compensation received incident to the training program is excluded, (i.e., any additional income received during the training program, such as welfare benefits, will continue to be counted as income). In addition, this exclusion only covers compensation received while the resident participates in the employment training program and the duration of participation must be for a limited period determined in advance. An example of compensation which falls under this exclusion is compensation received from on- the-job training and during apprenticeship programs. CC. Property Tax Rebates: This provision excludes state rent credits and rebates for property taxes paid on a dwelling unit. DD. Home Care Payments for Developmentally Disabled Children or Adult Family Members: This exclusion exempts amounts paid by a state agency to families who have developmentally disabled children or adult family members living at home. States that provide families with home care payments do so to offset the cost of services and equipment needed to keep a developmentally disabled family member at home. EE. Deferred periodic payments: Of supplemental security income and social security Revised Oct. 1999 0:fage 1r. 9 7 City of Miami, Dept. of Comm..sev. Section 8 Administrative Plan benefits that are received in a lump sum payment. 60. Infant: A child under the age of two years. 61. Initial Contract Rent: In the certificate program, the contract rent at the beginning of the initial lease term. 62. Initial PHA: In portability, the term refers to both: A. A PHA that originally selected a family that subsequently decides to move out of the jurisdiction of the selecting PHA. B. A PHA that absorbed a family that subsequently decides to move out of the jurisdiction of the absorbing PHA. 63. Initial Lease Term: The initial term of the assisted lease. The initial lease term must be for at lease one year. 64. Initial Payment Standard: The payment standard at the beginning of the HAP contract term. 65. Initial Rent to Owner: The rent to owner at the beginning of the initial lease term. 66. Interim Re -determination of Rent: Changes of rent between admissions and reexaminations and the next succeeding reexamination. 67. INS - The U. S. Immigration and Naturalization Service. 68. Jurisdiction: The area in which the PHA has authority under State and local law to administer the program. 69. Lease: A. 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. B. In cooperative housing, a written agreement between a cooperative and a member of the cooperative. The agreement established the conditions for occupancy of the member's cooperative dwelling unit by the member's family with housing assistance payments to the cooperative under a HAP contract between the cooperative and the PHA. For purposes of part 982, the cooperative is the Section 8 "owner" of the unit, and the cooperative member is the Section 8 "tenant". 70. Lease Addendum: In the lease between the tenant and the owner, the lease language required by HUD. Revised Oct. 1999 Page 19 93- 697 City of Miami, Dept. of Comm. jev. Section 8 Administrative Plan 71. Live -in -Aide: A person who resides with an Elderly, Disabled, or Handicapped person or persons and who: A. Is determined by the PHA to be essential to the care and well being of the person(s), B. Is not obligated for support of the person(s), C. Would not be living in the unit except to provide supportive services. The income of a Live -in -aide that meets these requirements is not included as income to the tenant family; and, D. A Live -in -Aide must be approved, in advance, by the PHA. 72. Low -Income Family: A family whose Annual Income does not exceed eighty percent (80%) of the median income for the area, as determined by HUD with adjustments for smaller and larger families. (Section 982.201(b) describes when a low-income family is income -eligible for admission to the certificate or voucher program). 73. Manufactured Homes: A Manufactured structure that is built on a permanent chassis that is designed for use as a principal place of residence, and meets the HQS. 74. 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. 75. Medical Expense: Those necessary 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. Medical expenses, in excess of three percent (3%) of Annual Income, are deductible from income by elderly families only. 76. Military Service: Military Service means the active military service of the United States, which includes the Army, Navy, Air Force, Marine Corps, Coast Guard, and, since July 29, 1945, the commissioned corps of the United States Public Health Service. 77. Minimum Rent: Families assisted under the Public Housing program pay a monthly "minimum rent" of not more than $50.00 per month. The PHA has the discretion to establish the "minimum rent" from $0 up to $50. The minimum rent established by DCD is $25.00. 78. Minimum Rent Hardship Exemptions: A. The PHA shall immediately grant an exemption from application of the minimum monthly rent to any family making a proper request in writing who is unable to pay because of financial hardship, which shall include: Revised Oct. 1999 Page 20 03-- 697 City of Miami, Dept. of Comm. jev. Section 8 Administrative Plan B. The family has lost eligibility for, or is awaiting an edibility determination for a federal, state, or local assistance program, including a family that includes a member who is an alien lawfully admitted for permanent residence under the immigration and nationalization act who would be entitled to public benefits but for Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. C. The family would be evicted as a result of the implementation of the minimum rent. D. The income of the family has decreased because of changed circumstance, including loss of employment. E. A death in the family has occurred which affects the family circumstances. F. Other circumstances which may be decided by the PHA on a case-by-case basis. (1) All of the above must be proven by the Resident providing verifiable information in writing to the PHA prior to the rent becoming delinquent and before the lease is terminated by the PHA. (2) If a resident requests a hardship exemption (prior to the rent being delinquent) under this section, and the PHA reasonably determines the hardship to be of a temporary nature, exemption shall not be granted during a ninety day period beginning upon the making of the request for the exemption. A resident may not be evicted during the ninety -day period for non-payment of rent. In such a case, if the resident thereafter demonstrates that the financial hardship is of a long term basis, the PHA shall retroactively exempt the resident from the applicability of the minimum rent requirement for such ninety day period. This Paragraph does not prohibit the PHA from taking eviction action for other violations of the lease. 79. Minor: A "minor" is a person under nineteen years of age. Provided, that a married person 18 years of age or older shall be considered to be of the age of majority. (An unborn child may not be counted as a minor.) 80. Mixed Family: A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status. 81. Monthly Adjusted Income: One -twelfth of Adjusted Annual Income. 82. Monthly Income: One twelfth of Annual Income. For purpose of determining priorities based on an applicant's rent as a percentage of family income, family income is the same as monthly income. 83. Mutual Housing: See definition of "cooperative housing," above. Revised Oct. 1999 Page 21 93- 697 City of Miami, Dept. of Comm. ,iev. Section 8 Administrative Plan 84. 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. 85_ Net Family Assets: Net Family Assets means the net cash value after deducting reasonable costs that would be incurred in disposing of real property, checking and savings accounts, stocks, bonds, cash on hand, and other forms of capital investment, excluding interests in Indian trust land and excluding equity accounts in HUD home ownership 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 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.) In determining Net Family Assets, this PHA 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 (2) 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. 86. Non -citizen: A person who is neither a citizen nor national of the United States. 87. Notice of Funding Availability (NOFA): For budget authority that HUD distributes by competitive process, the federal register document that invites applications for funding. The document explains how to apply for assistance and the criteria for awarding the funding. 88. Over -FMR Tenancy: In the Certificate program: the tenancy for which the initial gross rent exceeds the FMR/exception rent limit. 89. Owner: Any person or entity with the legal right to lease or sublease a unit to a participant. 90. Participant: 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. 91. Payment Standard: In a voucher or over -FMR tenancy the maximum subsidy payment for a family (before deducting the family contribution). For a Voucher tenancy, the PHA sets a payment standard in the range from 80 percent to 100 percent of the current FMR/exception rent limit. For an over -FMR tenancy, the payment standard equals the current FMR/exception rent limit. 92. Portability: Renting a dwelling unit with Section 8 tenant -based assistance outside the Revised Oct. 1999 Page 22 93- 697 City of Miami, Dept. of Comm. ,jev. Section 8 Administrative Plan jurisdiction of the initial PHA. 93. Preference: At the option of the PHA, a preference system can be used to select among applicant families. 94. Premises: The building or complex in which the dwelling unit is located, including common areas and grounds. 95. Private Space: In shared housing: The portion of a contract unit that is for the exclusive use of an assisted family. 96. Program: The tenant -based certificate or voucher program. 97. Project Based: Rental assistance that is attached to a structure. 98. Project Based Certificate Program: Project -based assistance under 24 CFR, part 983, using funding under the consolidated ACC for the PHA certificate program. 99. Reasonable Rent: A rent to owner that is not more than either: A. Rent charged for comparable units in the private unassisted market; or B. Rent charged by the owner for a comparable unassisted unit in the building or premises. 100. Receiving: In portability, a PHA that receives a family selected for participation in the tenant -based program of another PHA. The receiving PHA issues a certificate or voucher, and provides program assistance to the family. 101. Re -certification: Re -certification is sometimes called reexamination. The process of securing documentation that indicates that tenants meet the eligibility requirements for continued occupancy. 102. Re-examination Date: The date on which any rent change is effective or would be effective if required as a result of the annual re-examination of eligibility and rent. 103. Regular Tenancy: In the certificate program: a tenancy other than an over -FMR tenancy. 104. Remaining Member of the Tenant Family The person(s) of legal age remaining in the subsidized unit after the person(s) who signed the certificate or voucher has (have) left the premises, other than by eviction, who may or may not normally qualify for assistance on their own circumstances. An individual must have received housing subsidy under the program to which he/she claims head of household status for one year before becoming eligible for Section 8 subsidy as a remaining family member. This person must complete forms necessary for Section 8 assistance within ten calendar days from the departure of the leaseholder and may remain in the unit for a reasonable time (note more than 60 calendar days for the date individual request head of household status) pending the Revised Oct. 1999 Page 23 03- 697 City of Miami, Dept. of Comm. oev. Section 8 Administrative Plan verification and hearing process. This person must, upon satisfactory completion of the verification process, then execute all required Section 8 subsidy documents and cure any monetary obligations in order to maintain assistance. Any person, who claims him or herself, as a remaining member shall, in the event that the PHA declares him or her ineligible for remaining member status, be entitled to an informal hearing. The informal hearing process is described in Section XI, of this policy. 105. Rent to Owner: The total monthly rent payable to the owner under the lease for the unit. Rent to Owner covers payment for any housing services, maintenance and utilities that the owner is required to provide and pay for. 106. Residency Preference: An 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. 107. Residency Preference Area: The specified area where families must reside to qualify for a residency preference. 108. Set -Up Charges: In a manufactured home space rental: charges payable by the family for assembling, skirting and anchoring the manufactured home. 109. 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. 110. Single Person: A person who lives alone or intends to live alone, and who does not qualify as an elderly family or a displaced person, or as the remaining member of a tenant family. 111. Single Room Occupant ,SROM Single Room Occupancy (SRO) Housing is a unit which does not contain sanitary facilities or food preparation facilities, or which contains one but not both types of facilities, and is suitable for occupancy by an eligible individual who is capable of independent living. SRO Housing is not substandard solely because it does not contain sanitary facilities or food preparation facilities, or both. 112. Special Admission: Admission of an applicant that is not on the PHA's waiting list, or without considering the applicant's waiting list position. 113. Spouse: A spouse is the legal husband or wife of the head of the household. This includes common law marriage. 114. Subsidy Standards: Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and composition. 115. Suspension: Stopping the clock on the term of a family's certificate or voucher on the date that the PHA receives the request for lease approval by the family (See also Section Revised Oct. 1999 Page 24 63- 6 9'7 City of Miami, Dept. of Comm. ,uev. Section 8 Administrative Plan XIII. 3, E, (1). 116. Temporarily Absent Family Members: Any person(s) on the lease that is not living in the household for a period of more than thirty (30) days is considered temporarily absent. 117. Tenant: The person or persons (other than a live-in aide) who executes the lease as lessee of the dwelling unit. 118. Tenant -Based: Rental assistance that is not attached to the structure. 119. Tenant Rent: The actual amount due, calculated on a monthly basis, under a lease or occupancy agreement between a family and the family's current landlord. The tenant payment is the amount the tenant pays toward rent and allowance for utilities. To arrive at tenant rent, the utility allowance is subtracted from total tenant payment or minimum rent. If the utility allowance is greater than the total tenant payment or minimum rent, the tenant rent is zero and there is a utility reimbursement payment (URP). The URP is the difference between the total tenant payment or minimum rent and the utility allowance. 120. Total Tenant Payment (TTP): The TTP for families participating in the certificate and moderate rehabilitation programs must be at least $25.00, which is the minimum rent established by the PHA. A. For the Certificate and Moderate Rehabilitation Programs, the TTP must be the greater of: (1) 30 percent of family monthly -adjusted income; (2) 10 percent of family monthly income; (3) Welfare rent (if applicable) in as -paid states; or (4) $25.00, which is the minimum rent set by the PHA. Note: It is possible for certificate and moderate rehabilitation families to qualify for a utility reimbursement despite the requirement of a minimum rent. For example, if a certificate family's TTP is the minimum rent of $25 and the PHA's utility allowance for the size and type unit the family has selected is $60, the family would receive a utility reimbursement of $35 ($60 less $25) for tenant purchased utilities. B. For the Voucher Program. (1) the TTP is the same as A (1), (2) and (3) above. The utility allowance is applicable for the Voucher Program. Voucher families will pay the owner the difference between the monthly rent the owner the difference between the monthly rent to owner and the housing assistance payment. Voucher families will also pay the cost of tenant -furnished utilities under the lease (Reference Notice 96-7 (PHA) for Section 8 Voucher Program Minimum Rent Calculation Worksheet). (2) For families admitted to the program after 12/20/1998, and when the PHA adopted payment standard exceeds the gross rent and the family remains in the same unit or complex the gross rent will be used as the payment Revised Oct. 1999 Page 25 63- 697 City of Miami, Dept. of Comm. oev. Section 8 Administrative Plan standard 121. Utilities: Utilities may include water, electricity (including air conditioning if applicable. (See 24 CFR 982.517), gas, garbage, and sewage services and, where applicable, trash and garbage collection. 122. Utility Allowance: The utility allowance, if any, determined for the Section 8 program for tenant purchased utilities (except telephone) that are normally included in rent. 123. 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 or sewer line. 124. Utility Reimbursement Payment (URP) Utility Reimbursement Payment is the amount, if any, by which the Utility Allowance for the unit, if applicable, exceeds the Total Tenant Payment or minimum rent for the family occupying the unit. 125. Very Low -Income Family A lower Income Family means a family whose annual income does not exceed fifty (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. 126. Violent Criminal Activity: Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use, attempted use, or threatened use of physical force against the person or property of another. 127. Voucher: A document issued by a PHA to a family selected for admission to the voucher program. The voucher describes the program, and the procedures for PHA approval of a unit selected by the family. The voucher also states the obligations of the family under the program. 128. Wage Earner: A person in a gainful activity who receives any wages. Said wages or pay covers all types of employee compensation including salaries, vacation allowances, tips, bonuses, commissions and unemployment compensation. The terms "Wage Earner" and "Worker" are used interchangeably. 129. Waiting List Admission: An admission from the PHA waiting list. 130. Welfare Assistance: Welfare or other payments to families or individuals, based on need, that are made under programs funded, separately or jointly, by Federal, State or local governments. Revised Oct. 1999 Page 26 93- 697 City of Miami, Dept. of Comm. ,)ev. Section 8 Administrative Plan SECTION V. APPLYING FOR ASSISTANCE 1. How to Apply: A. Families wishing to apply for housing assistance shall complete an application for public assistance. B. Applications will be accepted at the following locations: and 1. City of Miami Riverside Center, 444 SW 2nd Ave., 2nd floor Miami, FL 33131 2. City of Miami Allapattah Center 1313 NW 36th St., 2nd floor Miami, FL 33137. C. Applications are taken to compile a waiting list due to the demand for housing in DCD's jurisdiction. The DCD may take applications on an "open enrollment" basis, depending on the length of the waiting list. D. Completed applications will be accepted for all applicants and the information will be verified by DCD. E. Applications may be made in person at DCD during specified dates and business hours posted at DCD's Office. F. The application will be dated, time -stamped, and referred to DCD's office where Section 8 applications are processed. 2. Closingof f Application Taking: If DCD is taking applications, DCD may suspend the taking of applications if the waiting list is such that additional applicants would not be able to be housed within the next 12 month period. 3. Opening of Application Taking_ When DCD decides to start taking applications the following procedures will be followed: The opening of the waiting list will be advertised in at least the following newspapers: The Miami Herald, the largest paper of daily circulation; Miami Times, the largest African-American oriented paper; and El Nuevo Herald; the largest Spanish language paper in the area. The Notice will contain the following: A. DCD will publish the date applications will be accepted and the locations where applications can be completed. B. Advise families that applications will be received at the designated office(s); Revised Oct. 1999 Page 27 03- 697 City of Miami, Dept. of Comm. jev. Section 8 Administrative Plan C. Briefly describe the Housing Assistance program; and D. State that applicants for Section 8 assistance must specifically apply for Section 8 assistance and that applicants for Section 8 assistance may also apply for to Public Housing and they will not lose their place on the Section 8 Housing waiting list if they also apply for Public Housing. E. Efforts will be taken to conduct a special outreach effort to assure that all segments of the City of Miami's eligible population are informed of opportunities to apply for program assistance. In order to reach the most needy eligible population, special outreach may be conducted using any of the following methods: • Notices to churches and other places of worship • Notices to agencies that assist the elderly • Public service announcements on radio or television • Notices to any governmental agencies designed to assist the low-income community • Any other methods deemed appropriate to increase the scope of the outreach for eligible applicants SECTION VI. MISSED APPOINTMENTS FOR APPLICANT OR PARTICIPANT 1. Missed Appointment Without Notification: An applicant or person receiving assistance who fails to keep an appointment without notifying DCD and without re -scheduling the appointment shall be sent a notice of termination of the process or assistance for failure to supply such certification, release of information or documentation as DCD or HUD determines to be necessary (or failure to allow DCD to inspect the dwelling unit at reasonable times and after reasonable notice, if applicable) in the following situations: A. Complete Application B. Bringing in Verification Information C. Program Briefing D. Leasing Signature Briefing E. HQS Inspections F. Re -certification G. Interim Adjustments H. Other Appointments or Requirements to Bring in Documentation as Listed in this Revised Oct. 1999 Page 28 3- 697 City of Miami, Dept. of Comm. oev. Plan I. Scheduled Counseling Sessions Section 8 Administrative Plan 2. Process when Appointment(s) are Missed: For most of the functions above, the family may be given two appointments. If the family does not appear or call to reschedule the appointment(s) required, DCD may begin the termination process. The applicant or participant will be given an opportunity for an informal review or hearing pursuant to Section XI. If the representative of DCD makes a determination in favor of the applicant or participant, DCD will comply with decision unless DCD is not bound by a hearing decision concerning a matter for which DCD is not required to provide an opportunity for a hearing pursuant to 24 CFR 982.554(c) and 982.555(b). 3. Letters Mailed to Applicants by DCD: If an applicant claims they did not receive a letter mailed by DCD, that requested the applicant to provide information or to attend an interview, DCD will determine whether the letter was returned to DCD. If the letter was not returned to DCD, the applicant will be assumed to have received the letter. If the letter was returned to DCD and the applicant can provide evidence that they were living at the address to which the letter was sent, the applicant will be reinstated with the date and time of the application in effect at the time the letter was sent. Applicants must notify DCD, in writing, if their address changes during the application process. SECTION VII. MISREPRESENTATION BY THE APPLICANT OR PARTICIPANT If an applicant or Section 8 participant is found to have made willful misrepresentations at any time which resulted in the applicant or Section 8 participant being classified as eligible, when, in fact, they were ineligible, applicant will be declared ineligible and the Section 8 participant will be terminated because of the act of fraud by the applicant/Section 8 participant. If such misrepresentation resulted in the Section 8 participant paying a lower rent than was appropriate, the Section 8 participant shall be required to pay the difference between the actual payments and the amount, which should have been paid. In justifiable instances, DCD may take such other actions, as it deems appropriate, including referring the Section 8 participant to the proper authorities for possible criminal prosecution. SECTION VIII. SECTION 8 ELIGIBILITY CRITERIA Eligibility: All individuals who are admitted to the Section 8 Program in DCD must be individually determined eligible under the terms of this plan. In order to be determined Revised Oct. 1999 Page 29 93- 697 City of Miami, Dept. of Comm. L)ev. Section 8 Administrative Plan eligible, an applicant must meet the following requirements: A. The applicant family must qualify as a family as defined in Section IV. B. The applicant family's Annual Income as defined in Section IV, must not exceed income limits established by HUD for the Section 8 Programs. C. Head of Household must be: (1) 19 years of age or older, (2) 18 years of age and married (not common law), or (3) A person that has been relieved of the disability of non -age by a juvenile court. 2. Ineligible: Applicants are not automatically determined eligible to receive federal assistance. An applicant will not be placed on a waiting list or offered Section 8 assistance under the following circumstances: If the applicant's annual family income exceeds the Income Limits established by HUD and published in the Federal Register, the applicant will be declared ineligible. 3. Informed of Ineligibility: If the applicant has failed to meet any outstanding requirements for eligibility and is determined ineligible, he/she will be so informed and the reasons stated in writing. The applicant will be granted ten days from the date stated on the ineligible letter to request an informal meeting. The applicant may bring any person he/she wishes to represent them at the informal meeting. The request for an informal meeting may be submitted in writing and/or the request may be verbal. However, the request must be received by DCD within the time frame established by DCD for the meeting. 4. Single Person: In addition, under Section 24 CFR 5.405, DCD is permitted to determine as eligible, single persons living alone or intending to live alone who do not meet any of the definitions of a family (Ref CFR 5.403). Single persons are only eligible for a one bedroom certificate or voucher. 5. Declaration of Citizenship: Section 214 of the Housing and Community Development Act of 1980 prohibits PHAs from making financial assistance available to a person other than United States citizens, nationals, or certain categories of eligible non -citizens in HUD's assisted housing programs. This law is referred to as the Non -citizens Rule" and is effective June 19, 1995. 6. Adding a Person to the Program: Once an applicant becomes a participant in DCD's tenant -based program, the head of household must request permission to add another person to the program (Except for birth, adoption or court -awarded custody of a child). The person being added must meet all eligibility requirements before DCD will approve any addition to the tenant -based program. Revised Oct. 1999 0 Jage 3% 9 City of Miami, Dept. of Comm..fiev. Section 8 Administrative Plan SECTION IX. VERIFICATION AND DOCUMENTATION Families are required to provide Social Security Numbers for all family members age 6 and older prior to admission, if they have been issued SSN by the Social Security Administration. All members of the family defined above must either: Social Security Number (SSN): Submit SSN; or sign a certification if they have not been assigned a SSN. If the individual is under 18, the certification must be executed by his/ her parent or guardian. If the participant who has signed a certification form obtains a SSN, it must be disclosed at the next regularly scheduled reexamination, or next rent change. Verification will be done through the providing of a valid Social Security card issued by the Social Security Administration. DCD will accept copies of the Social Security card only when it is necessary for DCD to verify by mail the continuing eligibility of participating families. If an applicant or tenant cannot provide his or her Social Security card, other documents listed below showing his or her Social Security Number may be used for verification. He or she may be required by DCD to provide one or more of the following alternative documents to verify his or her SSN, until a valid Social Security card can be provided; These documents include: ■ Drivers license that displays the SSN. ■ Identification card issued by a Federal, State or local agency ■ Identification card issued by an employer or trade union ■ Identification card issued by a medical insurance company ■ Earnings statements or payroll stubs ■ Bank statements ■ IRS Form 1099, or W-2 Form ■ Benefit award letters from government agencies ■ Medicaid Cards ■ Unemployment benefit letter ■ Retirement benefit letter ■ Life insurance policies ■ Court records such as real estate, tax notices, marriage and divorce, judgment or bankruptcy records ■ Verification of Social Security benefits with the Social Security Administration Note: If DCD verifies Social Security benefits with the Social Security Administration, the acceptance of the SSN by the Social Security Administration may be considered documentation of its validity. Applicants may not become participants until the documentation is provided and verified. The Revised Oct. 1999 Page 31 03- 69'7 City of Miami, Dept. of Comm. ,)ev. Section 8 Administrative Plan applicant will retain their position on the waiting list during this period. The applicant will be given a reasonable time, subject to the circumstances, to furnish the documentation before losing his place on the waiting list and the time may be extended, if such circumstances require an extension. The decision will be made by a DCD representative and documented, in writing, and placed in the applicant's file. 2. Employer Identification Number (EIN) and applicable consent form. 3. Additional Documentation that may be required in determining eligibility: ■ Temporary Assistance To Needy Families (TANF) ■ Birth Certificate, or Drivers License that displays the date of Birth and/or form(s) that are issued by a Federal, State, City or County Agency that displays the date of Birth. ■ Child Care Verification ■ Credit References (History) ■ Employer's Verification ■ Landlord Verification ■ Social Security Benefits ■ Assets Verification ■ Bank Accounts: Checking Accounts - $500 + Balance ■ Saving Accounts - $100 + Balance ■ Marriage Certificate: If a marriage certificate is not available the following information is acceptable ■ Drivers License that displays the same address and last names ■ Federal Tax Forms that indicate that the family filed taxes as a married couple during the last tax reporting period. ■ Other acceptable forms of documentation of marriage would include any document that has been issued by a Federal, State, City or County Government and indicates that the individuals are living as a married couple. Couples that are considered married under common law can provide the same information, as listed above, to document that they are living together as a married couple. ■ The couple also certifies in their application for housing that they are married. ■ Personal References: Personal references (other than from family members) may be used when an applicant cannot produce prior rental history records. Personal References must be notarized. ■ Police Report(s) ■ Current reports from drug treatment centers or facilities ■ Supplemental Social Security Income (SSI) Benefits ■ Unemployment Compensation ■ VA Benefits ■ Documentation to support medical expenses ■ Any other reasonable information needed to determine eligibility may be requested by DCD. Revised Oct. 1999 Page 32 03- 697 City of Miami, Dept. of Comm..Jev. Section 8 Administrative Plan Note: For the purposes of this plan, if a member of the current family has committed acts of fraud or has an arrest record, including a drug related arrest, that reflects that the family member may be a danger to the health, safety, or welfare of the community then that person will not be allowed to be a participant on the program. DCD shall prohibit assistance to any household that includes any individual who is subject to a lifetime registration requirement under a state sex offender registration program. Individuals who have been evicted from any housing complex for engaging in criminal activities, including drug-related criminal activities may be denied assistance. 4. Separation with Children: Separation means the ending of co -habitation by mutual agreement. If an applicant is separated from a person and has children by that person or former spouse, applicant must provide at least one of the verifications listed below: A. A FINAL divorce decree. Applies to individuals who are divorced and not separated and is the only documentation accepted for individuals that are divorced. B. Receiving court-ordered child support from former spouse. C. Verification that applicant is pursuing child support through Department of Human Resources, Child Support Unit or Circuit Clerks Office. D. If applicant is receiving personal child support, then applicant can make arrangements to have the child support paid through the court system, either through the circuit clerks office, Department of Human Resources, or through a court referee. E. Receiving TANF through the Department of Human Resources for former spouse's children. F. A notarized statement from current landlord (not family) verifying that the current landlord knows that the applicant and spouse have not lived together for the last six (6) months or more. G. Income tax statements from both husband and wife indicating both filed income taxes separately the last year and that they filed from different addresses. H. Written statement from Lawyer that applicant has filed suit for divorce because of physical abuse. I. A written statement from an abuse shelter, law enforcement agencies, and social services agencies that applicant needs housing due to physical abuse. J. Food stamp verification. If no other documentation is available. Revised Oct. 1999 Page 33 93- 697 City of Miami, Dept. of Comm. ,rev. Section 8 Administrative Plan 5. Separation - No Children: If applicant is separated from a person and has no children by that person, applicant must provide at least one of the verifications listed below: A. A FINAL divorce decree. Applies to individuals who are divorced and not separated and is the only documentation accepted for individuals that are divorced. B. A notarized statement from current landlord (not family) verifying that the current landlord knows that the applicant and spouse have not lived together for the last six (6) months or more. C. Income tax statements from both husband and wife indicating both filed income taxes separately the last year and that they filed from different addresses. D. Written statement from Lawyer that applicant has filed suit for divorce because of physical abuse. E. A written statement from an abuse shelter, law enforcement agencies, and social services agencies that applicant needs housing due to physical abuse. F. Food Stamp Verification. If no other documentation is available. 6. U. S. Citizenship Verification and Appeal Procedures: DCD must follow the verification procedures (to be provided by HUD) and verify the person's or persons' declaration of U. S. citizenship through the INS SAVE system. Once the verification is completed and verification from the INS SAVE system confirms the declaration of U. S. Citizenship and the applicant(s) meets all other conditions for occupancy, as outlined in the Admissions and Continued Occupancy Policy (ACOP), Section VIII Admission Eligibility Criteria, or the Section 8 Administrative Plan, Section VIII Section 8 Eligibility Criteria (as appropriate), the application will be processed for assistance. If the INS SAVE system does not confirm U. S. citizenship, DCD must request that a manual search be conducted of INS records. DCD must request the secondary verification (manual search) by INS within ten calendar days of receipt of the initial failed verification. INS will issue a decision within 30 days of its receipt of the request for a secondary verification. If the secondary verification fails to confirm eligible immigration status, DCD shall notify the family of the right of appeal to INS. If INS is unable to issue a decision within 30 days, the INS will inform the family and DCD of the reasons for the delay. When DCD receives a copy of the INS decision (and the decision does not confirm the declaration of U. S. citizenship), DCD will notify the family of its right to request an informal hearing. The informal hearing will be conducted in accordance with Section XI. Revised Oct. 1999 Page 34 03- 697 City of Miami, Dept. of Comm. .0ev. Section 8 Administrative Plan A. Assistance to an applicant may not be delayed, denied, or terminated, if: (1) The primary and secondary verification of any immigration documents that were timely submitted has not been completed; (2) The family member of whom required evidence has not been submitted has moved; (3) The family member who is determined not to be in an eligible immigration status following INS verification has moved; (4) The INS appeals process has not been concluded; (5) For a tenant, DCD hearing process has not been concluded; (6) Assistance is prorated; (7) Assistance for a mixed family is continued. B. Assistance to an applicant shall be denied, and a tenant's assistance shall be terminated, upon the occurrence of any of the following: (1) Evidence of citizenship (i.e., the declaration) is not timely submitted; (2) Evidence of citizenship and eligible immigration status is timely submitted but INS primary and secondary verification does not verify eligible immigration status; (3) The family does not pursue INS appeal or DCD informal hearing rights; (4) INS appeal and informal hearing rights are pursued, but the final appeal or hearing decisions are decided against the family member. C. Notice must be given to the family and shall advise: (1) That financial assistance or housing will be denied or terminated, and provide a brief explanation of the reasons; (2) That they may be eligible for pro -ration of assistance; (3) In the case of a tenant, the criteria and procedures for obtaining relief for mixed families and other families; and, (4) Any future appeal rights have been exercised. 7. Criminal Records Management Policy: All adult applicants and tenants shall complete an "Authorization for Release of Police Record." DCD shall request a check for criminal history for an applicant or tenant. Applicants and tenants may be requested to furnish fingerprints for this purpose through the local law enforcement office. For the purpose of screening applicants, lease enforcement and eviction, DCD or its Agents, will attempt to obtain police records from law enforcement agencies related to a persons criminal conviction records for persons eighteen (18) years of age or older. DCD may also request this information for juveniles, to the extent that State, local, or tribal laws do not prohibit the release of such information. Before DCD takes any adverse action based on a criminal conviction record, DCD will provide the applicant or tenant with a copy of the criminal record and an opportunity to dispute the accuracy or relevancy of the record. For applicants, the copy will be provided at a hearing. The hearing is afforded to each applicant that is denied admission and provides the applicant the opportunity to dispute any information used to deny an Revised Oct. 1999 Page 35 03- City of Miami, Dept. of Comm..oev. Section 8 Administrative Plan applicant housing assistance. For participants, the copy will be provided in accordance with DCD's Informal Review or Hearing Procedure. DCD will keep all criminal records received confidential and not misuse or improperly disseminate the information. Criminal records of any adult applicant/tenant, which are used as the basis of denying tenancy or eviction, are confidential and shall not be disclosed to any person or entity other than for official use or for use in court proceedings. The term "adult" means a person who is 18 years of age or older, or who has been convicted of a crime as an adult under any Federal, State, or tribal law. Said records shall be maintained in separate files and shall be kept in a locked, secure location. Access shall be limited to those employees approved by the Executive Director. Records shall be destroyed once action is taken and any grievance procedure, or court proceeding is completed. A notice of record destruction shall be maintained in a separate file. DCD may work through Miami Police Department to obtain information. Also, DCD may pay reasonable fees charged by law enforcement agencies that provide the information. The applicant or tenant may not be charged for any expenses related to the investigation. SECTION X. GROUNDS FOR DENIAL OR TERMINATION OF ASSISTANCE 1. Denied Admission: DCD may deny an applicant admission to participate in the Section 8 Program or, with respect to a current participant, may refuse to issue another Certificate or Voucher for a move to another unit, approve a new lease, or execute a new Contract for the Section 8 participant, if the applicant or participant: (Ref: 24 CFR 982.552). A. Owes rent, other amounts, or judgements to any PHA or any other federally subsidized housing program, the applicant will be declared ineligible. At DCD's discretion, the applicant may be declared eligible upon payment of the debt, with the date and time of application being the time of payment and meeting other criteria. Note: Applicants that owe a PHA or any other federally subsidized program funds will not be processed for receiving assistance. The applicant must pay the funds owed prior to the application being processed. Re -paying funds that are due does not necessarily qualify an applicant for housing assistance. Such payments will be considered along with other factors in the application process. Any money owed to a PHA that has been discharged by bankruptcy shall not be considered in making this determination. B. As a previous participant in the Section 8 Program or as a participant in the Public Housing Program, the applicant has not reimbursed DCD or another PHA for any amounts paid to an owner under a housing assistance contract for rent or other Revised Oct. 1999 Page 36 03- 697 City of Miami, Dept. of Comm..,ev. Section 8 Administrative Plan amounts owed by the Family under its lease and for a vacated unit. C. Has violated any Family obligation listed on the certificate or voucher. D. Engage in drug-related criminal activity or violent criminal activity, including criminal activity by the Family member. (Reference 24 CFR 982.553(a)(1)(2)). E. Breaches a repayment agreement to DCD and/or owner. F. Committed acts which would constitute fraud in connection with and/or has been evicted from any federally assisted housing program. G. Did not provide information required within the time frame specified (the applicable dates are contained in the letters from DCD to the applicant) in during the application process. H. DCD shall deny the admission of a Family, if the applicant, or any member of the applicant's family does not sign and submit consent forms that are provided by DCD for the purpose of verifying employment and income information. I. The applicant family must have properly completed all application requirements, including verifications. Misrepresentation of income, family composition or any other information affecting eligibility, will result in the family being declared ineligible. In the event the misrepresentation is discovered after admission, the assistance will be terminated for such misrepresentation. J. The applicant and all adults must sign a release allowing DCD to request a copy of a police report from the National Crime Information Center, Police Department or other Law Enforcement Agencies. The applicant and all adults further agree to provide fingerprints if requested. If DCD uses the information to deny or terminate assistance DCD must provide a copy of the information used upon proper request. K. If the applicant is a former Public Housing or Section 8 participant who vacated the unit in violation of program requirements, the applicant may be declared ineligible. L. If DCD determines that a person is illegally using a controlled substance or abuses alcohol in a way that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. DCD may waive this requirement if the person: (1) demonstrates to DCD's satisfaction that the person is no longer engaging in drug-related criminal activity or abuse of alcohol; (2) has successfully completed a supervised drug or alcohol rehabilitation program; (3) has otherwise been rehabilitated successfully; or Revised Oct. 1999 Page 3d City of Miami, Dept. of Comm..,ev. Section 8 Administrative Plan (4) is participating in a supervised drug or alcohol rehabilitation program. (5) if any household includes any individual who is subject to a lifetime registration requirement under a state sex offender registration program. 2. Notification of Denial: If an applicant is denied admission, DCD will notify the applicant, in writing, of its determination and inform the applicant that they have an opportunity for an informal review on such determination. The denial letter will allow the applicant ten (10) calendar days to request an informal review (verbal and/or in writing) with DCD. (Reference Section XI) 3. Time Frames for Denial: As a general rule applicants may be denied admission to the Section 8 Programs for the following time frames, which shall begin on the date of application, unless otherwise provided for herein below: A. Denied admission for one year for violation of certificate/voucher and illegal use, or possession for personal use, of a controlled substance or alcohol. B. Denied admission for three (3) years to persons evicted from public housing, Indian Housing, Section 8, or Section 23 programs because of drug-related criminal activity are ineligible for admission to public housing for a three-year period beginning on the date of such eviction. DCD can waive this requirement if. the person demonstrates to DCD's satisfaction successful completion of a rehabilitation program approved by DCD, or the circumstances leading to the eviction no longer exist. C. Denied admission for five (5) years for the following: (1) Fraud (giving false information on the application is considered fraud). (2) An arrest or conviction record that indicates that the applicant may be a threat and/or negative influence on other residents. The five years shall begin on the date of the last reported act, completion of sentence and/or probation period. D. Denied admission for ten (10) years for a conviction of Drug Trafficking. E. Denied admission for life to any household that includes any individual who is subject to a lifetime registration requirement under a state sex offender registration program. F. Denied admission for life to any applicant who has been convicted of manufacturing or producing methamphetamine (commonly referred to as "speed") on the premises of the assisted housing. Premises is defined as the building or complex in which the dwelling unit is located, including common areas and grounds. Revised Oct. 1999 Page 38 03- 697 City of Miami, Dept. of Comm..,ev. Section 8 Administrative Plan SECTION XI. APPLICANT DENIED ASSISTANCE AND PROVIDED OPPORTUNITY FOR INFORMAL REVIEW OR PARTICIPANT ASSISTANCE IS TERMINATED AND PROVIDED OPPORTUNITY FOR INFORMAL HEARING 1. Applicant Informal Review: DCD must give an applicant for participation prompt notice of a decision denying assistance to the applicant. The notice must contain a brief statement of the reasons for DCD decision. The notice must also state that the applicant may request an informal review of the decision and must describe how to obtain the informal review. The request must be in writing and presented to DCD within ten days of the notice of denial. A. Informal Review Process: DCD must give an applicant an opportunity for an informal review of DCD decision denying assistance to the applicant. The review may be conducted by any person or persons designated by DCD, other than a person who made or approved the decision under review or a subordinate of this person. The applicant must be given an opportunity to present written or oral objections to DCD decision. DCD must notify the applicant of the final decision after the informal review. This notice must include a brief statement of the reasons for the final decision. B. Informal Review Not Required: An informal review is not required to be given by DCD in the following circumstances: (1) Discretionary administrative determinations by DCD. (2) General policy issues or class grievances. (3) A determination of the family unit size under DCD subsidy standards. (4) A DCD determination not to approve the suspension or extension of a certificate or voucher term. (5) A determination not to grant approval to lease a unit under the program, or to approve a proposed lease. (6) A determination that a unit selected by the applicant is not in compliance with HQS. (7) A determination that the unit is not in accordance with HQS because of the family size or composition. 2. Participant Informal Hearing: DCD must give an opportunity to the participant for an informal hearing to consider whether DCD decisions relating to the individual circumstances of a participant family are in accordance with the law, HUD regulations, and DCD policies. Under the following circumstances: ■ 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 for tenant -paid utilities from DCD utility allowance schedule. ■ A determination of the family unit size under DCD subsidy standards. ■ A determination that the certificate program family is residing in a unit with a Revised Oct. 1999 Page 39 03- 697 City of Miami, Dept. of Comm. rev. Section 8 Administrative Plan larger number of bedrooms than appropriate for the family unit size under DCD subsidy standards, or DCD determination to deny the family's request for an exception from the standards. ■ A determination to terminate assistance for a participant family because of the family's action or failure to act. ■ A determination to terminate assistance because the participant family has been absent from the assisted unit for more than fourteen days in a calendar year. Note: In the cases described hereinabove, DCD must give the opportunity for an informal hearing before DCD terminates housing assistance payments for the family under an outstanding HAP contract A. DCD is not required to give an informal hearing for any of the following: ■ Discretionary administrative determinations by DCD. ■ General policy issues or class grievances. ■ Establishment of DCD schedule of utility allowances for families in the program. ■ A DCD determination not to approve an extension or suspension of a certificate or voucher term. ■ A DCD determination not to approve a unit or lease. ■ A DCD determination that an assisted unit is not in compliance with HQS. Provided, however, that DCD must provide the opportunity for an informal hearing for a decision to terminate assistance for a breach of the HQS caused by the family as described in the CertificateNoucher/Lease Addendum, or in other HUD rules and regulations or DCD policies. ■ A DCD determination that a unit is not in accordance with HQS because of the family size. ■ A DCD determination to exercise or not to exercise any right or remedy against the owner under a HAP contract. B. Notice to the Family: DCD must notify the family that the family may ask for an explanation of the basis of DCD determination, and if the family does not agree with the determination, the family may request an informal hearing on the decision. The housing authority must give the family prompt written notice that the family may request a hearing, and this notice must contain a brief statement of the reasons for the decision, state that if the family does not agree with the decision, the family my request an informal hearing on the decision. The family has ten days from the date of the notice to request in writing an informal hearing. The hearing will be scheduled by DCD within ten days from the date of the request. C. Hearing Procedures: DCD must give the participant an opportunity for an informal hearing of DCD decision terminating assistance to the participant. The hearing may be conducted by any person or persons designated by DCD, other than a person who made or approved the decision under review or a subordinate of this person. The person who conducts the hearing may regulate the conduct of Revised Oct. 1999 Page 40 63- 697 City of Miami, Dept. of Comm..aev. Section 8 Administrative Plan the hearing in accordance with DCD hearing procedures. DCD and the participant shall each have the right to review any and all relevant documents that may be used in the hearing. If these documents are not made available for review, they may not be used in the hearing. Any fees for copying or procuring the documents shall be at the expense of the requesting party. The participant may be represented by a lawyer or other representative at the hearing. Costs of representation shall be the responsibility of the participant. The participant must be given an opportunity to present written or oral objections to DCD decision. DCD and the family must be given the opportunity to present evidence, and may question any witnesses. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. DCD must notify the applicant of the final decision after the informal review. This notice must include a brief statement of the reasons for the final decision. Factual determination relating go the individual circumstances of the family shall be based upon a preponderance of the evidence presented at the hearing. A copy of the hearing decision shall be furnished promptly to the family. SECTION XII. SECTION 8 APPLICANT SELECTION PROCESS 1. Housing Voucher Selection and Participation Process: A. Equal Opportunity: The Fair Housing Act makes it illegal to discriminate on the basis of race, color, religion, sex, handicap, familial status and national origin. DCD shall not deny any family the opportunity of applying for a Housing Voucher. B. Types of Selection: DCD may admit an applicant for participation in the program either: (1) as a special admission (see definition below), or (2) as a waiting list admission. Also, a Section 8 Participant is responsible for finding an existing housing unit suitable to the holder's needs and desires (Reference 24 CFR 982.353, Where family can lease a unit). C. Special Admissions: If HUD awards DCD program funding that is targeted for families living in specified units: (1) DCD must use the assistance for the families living in these units. (2) DCD may admit a family that is not on DCD waiting list, or without considering the family's waiting list position. DCD must maintain records showing that the family was admitted with HUD -targeted assistance. (3) For housing covered by the Low -Income Housing Preservation and Resident Home ownership Act of 1990 (41 U.S.C. 4101 et seq.): (4) A family residing in a project covered by a project -based Section 8 HAP contract at or near the end of the HAP contract term; and 2. Organization of the Waiting List: DCD waiting list must contain the following information for each applicant listed: Revised Oct. 1999 Page t 9 7 �3- b 1 City of Miami, Dept. of Comm..,ev. A. Applicant name; Section 8 Administrative Plan B. Family unit size (number of bedrooms for which family qualifies under DCD occupancy guidelines); C. Date and time of application; 3. Order of Selection from the Waiting List: A. When an apartment in one of the projects identified in SECTION I, is available, DCD will select the family at the top of the waiting list in accordance with SECTION XII, 2 above. The order of admission from the waiting list WILL NOT be based on family size, or on the family unit size for which the family qualifies for under DCD occupancy guidelines. If DCD does not have sufficient funds to subsidize the family unit size of the family at the top the waiting list, DCD WILL NOT skip the top family to admit an applicant with a smaller family unit size. Instead, the family at the top of the waiting list will be admitted when sufficient funds are available. 4. Maintaining the Waiting List: DCD will remove an applicants name from the waiting list for the following: A. DCD will remove names of applicants who do not respond to DCD's request for information or updates. B. DCD will remove the names of applicants who refuse two offers for housing assistance at the projects identified in SECTION I. C. An applicant's name will not be removed from the waiting list unless: 1. The applicant requests it; 2. The applicant was clearly advised of a requirement to notify DCD of continued interest by a particular time and failed to do so; 3. DCD has made reasonable efforts to contact the applicant to determine if there is continued interest, but has been unsuccessful; 4. DCD has notified the applicant of its intention to remove the applicant's name because of ineligibility. 5. The applicant provided invalid or false documents for verification of eligibility. 6. The applicant was a past participant in the section 8 Program or a former public housing tenant who failed to satisfy liability for unpaid rent or tenant damages within the last three (3) years' period. 7. The applicant has a felonious history in the manufacture, sale or distribution, or the possession with intent to manufacture, sell or distribute a controlled substance. 8. The applicant has committed fraud in a Federal Housing Assistance Program or violated family obligations under the Section 8 Program. 9. The applicant has violent criminal history and has used or threatened to Revised Oct. 1999 0 3P.age g 9 7 City of Miami, Dept. of Comm..jev. Section 8 Administrative Plan use physical force against the person or property of another. 10. The applicant has a felonious history or repetitive criminal history that may negatively impact the resident/participants, staff, DCD, programs, community and other such entities. 11. Any applicant, who has an arrest for a misdemeanor or a felony within the past 3 years of the date of application, shall not be placed on the waiting list. D. Preferences: The City of Miami no longer considers Federal Preferences for selection purposes as determined by the Quality Housing and Work Responsibility Act of 1998. If the City Commission approves any local preferences, this Administrative Plan shall be revised accordingly. E. Changes to Family Composition While on the Waiting List: Changes to the family composition after an application has been submitted is restricted to addition of family members born to, adopted or otherwise granted custody to the family by operation of law. Immediate family members include spouse, sons, daughters, brothers/sisters, parents, and grandchildren. DCD will accept other changes to the family listing if the applicant can provide documentation showing that adult, unrelated, unmarried family members have resided together for at least one year as evidence of a stable familial relationship. F. Transfer of Application: If the head of household passes away, the remaining adult family member listed on the last renewed application will automatically become the head of household applicant. In circumstances when there is more than one surviving adult family member, the family shall determine which surviving family member should be head of household. DCD shall not make the determination nor create more than one application. The family member assuming the application must meet all eligibility requirements, including the "One -Strike" policy regarding criminal/drug history and eligible non -citizen status. If the remaining family members are minors, the person granted legal custody of such children is entitled to occupy the unit providing such person meets all eligibility requirements, as previously stated. 5. Procedure for Removing an Applicant's Name from the Waiting List: The applicant will be notified by DCD, in writing, that they have ten (10) calendar days, from the date of the written correspondence, to respond to DCD's request. The correspondence will also indicate that their name will be removed from the waiting list if they fail to respond within the time frame specified. DCD's system of removing applicant's names from the waiting list WILL NOT violate the rights of a disabled person. If an applicant's failure to respond to a request from DCD for information or updates was caused by the applicant's Revised Oct. 1999 Page 43 03- 697 City of Miami, Dept. of Comm...,,ev. Section 8 Administrative Plan disability, DCD will provide reasonable accommodations and give the applicant an opportunity to respond. An example of a reasonable accommodation would be to allow an applicant to be reinstated on the waiting list based on the original date and time of their application. If the applicant indicates that they did not respond due to a disability. If the disability is not apparent, DCD may request the applicant to have a doctor submit a written statement indicating that the applicant did not respond due to their disability. 6. Purging the Waiting List: To ensure that DCD's waiting list reflects the most current applicant information the waiting list will be updated and purged every three years. 7. Verification of Preference (timing), if applicable: At the time of application, initial determinations of an applicant's entitlement to a Preference may be made on the basis of an applicant's certification of their qualification for that preference. Before selection is made, this qualification must be verified. SECTION XIII. ORIENTATION OF FAMILIES FOR THE MODERATE REHABILITATION PROGRAM AND FOR THE HOUSING VOUCHER A. Families To Participate In The Moderate Rehabilitation Program Briefing: The purpose of the briefing is to go over the families' packet in order to fully inform the participant about the program. 2. Briefing Attendance Requirement: All families (head of household) are required to attend the briefing. Failure to attend a scheduled briefing (without notice to DCD) will result in the family's application being placed in the inactive file and the family may be required to reapply for assistance. Applicants who provide prior notice of an inability to attend a briefing will be scheduled for the next briefing. Failure of an applicant, without good cause, to participate in a scheduled briefing shall result in withdrawal of his/her application. The applicant will be notified of such withdrawal and determination of ineligibility and of his/her right to an informal review as outlined in Section XI above. 3. Format of the Briefing: The following information will be provided to assist the Family: a. Family and owner responsibilities under the lease and contract. b. Housing Quality Standards requirements. C. The Florida Landlord/ Tenant Act. d. Federal, state and local fair housing laws. Revised Oct. 1999 Page 44 93- 697 City of Miami, Dept. of COMM..jev. Section 8 Administrative Plan C. Termination of Tenancy and informal reviews and hearings. f. Repayment Agreement Procedure Also, families will be given adequate opportunity to raise questions and to discuss the information listed below: (Reference 24 CFR 982.301). The family will be provided a packet containing the following information: 1. A copy of the application and information on how tenant rent is calculated. 2. The inspection booklet. 3. Information regarding lead-based paint poisoning hazards, symptom and precautions (HUD -52591). 4. Equal Opportunity Complaint form (HUD 903) and "Fair Housing U.S.A." (HUD 63 - EO -6). 5. Addendum to Lease. 6. Information regarding procedures for requesting and conducting an informal hearing. B. For Families Receiving Replacement Vouchers 1. Briefing: The purpose of the briefing is to go over the Certificate or Housing Voucher holders packet in order to fully inform the participant about the program so that he/she will be able to discuss it with potential landlords. 2. Briefing Attendance Requirement: All families (head of household) are required to attend the briefing when they are initially issued a Housing Voucher. No Housing Voucher will be awarded unless the household representative has attended a briefing. Failure to attend a scheduled briefing (without notice to DCD) will result in the family's application being placed in the inactive file and the family may be required to reapply for assistance. Applicants who provide prior notice of an inability to attend a briefing will be scheduled for the next briefing. Failure of an applicant, without good cause, to participate in a scheduled briefing shall result in withdrawal of his/her application. The applicant will be notified of such withdrawal and determination of ineligibility and of his/her right to an informal review as outlined in SECTION XI above. 3. Format of the Briefing: When a Family is initially receives its Certificate of Family Participation or Housing Voucher, a full explanation (oral) of the following shall be provided to assist the Family in finding a suitable unit and to apprize the Family of its responsibilities and the responsibilities of the Owner (this may be done either in group or individual sessions depending on the circumstances). Also, families will be given adequate opportunity to raise questions and to discuss the information listed below: (Reference 24 CFR Revised Oct. 1999 t-45 6 9 7 City of Miami, Dept. of Comm. rev. 982.301). Section 8 Administrative Plan A. A description of how the program works; B. Family and Owner Responsibility; and C. Where the family may lease a unit, including renting a dwelling unit inside or outside DCD jurisdiction. The briefing will include an explanation of how portability works. D. If the family is currently living in a high poverty census tract in DCD jurisdiction, the briefing must also explain the advantages of moving to an area that does not have a high concentration of poor families. E. When issuing a Certificate or Housing Voucher, DCD shall give the Family a Section 8 Participant's Packet, which includes: (Reference 24 CFR 982.301). (1) The term of the certificate or voucher is 60 days. A Certificate and Voucher is valid for a period of 60 days from the date of issuance. Prior to expiration, the family may contact DCD to inquire about assistance DCD can provide the family in locating suitable housing. The family must submit a Request for Lease Approval within the 60 - day period unless an extension has been granted by DCD. Once the family has submitted a Request for Lease Approval the clock is stopped and/or suspended on the term of the certificate or voucher (See "Suspension"). When the clock is stopped (suspended), the time remaining days will be reinstated to the initial 60 -day period of the Certificate or Voucher, if necessary. If the unit is not approved for any reason, the remaining days will be reinstated to the initial term of the certificate/voucher. If the initial term is not adequate for finding a unit to lease, the family may request an extension of the initial term as described below. (2) Requesting for extensions of the term. A family may request an extension of the Certificate or Voucher time period. All requests for extensions should be received prior to the expiration date of the Certificate or Voucher. Extensions are permissible at the discretion of DCD primarily for the following reasons: (a) Extenuating circumstances such as hospitalization or a family emergency for an extended period of time which has affected the family's ability to find a unit within the initial 60 -day time period. DCD representative will verify the extenuating circumstances prior to granting an extension. (b) The family has evidence that they have made a consistent effort to locate a unit and request support services from DCD, throughout the initial 60 -day period with regard to their inability to locate a unit. (c) The family has turned in a Request for Lease Approval prior to the expiration of the 60 -day time period, but the unit has not passed HQS. (d) Time Period for extensions: A DCD representative may grant one Revised Oct. 1999 Page 46 03- 697 City of Miami, Dept. of Comm. rev. Revised Oct. 1999 lection 8 Administrative Plan or more extensions not to exceed a total of 60 days. The initial term plus any extensions MAY NOT exceed 120 calendar days for the beginning of the initial term. (e) Extensions for Disabled Persons: A DCD representative must grant an extension of up to 120 days for persons who are disabled. (3) How DCD determines the housing assistance payment for a (4) (5) Z family; (a) For the certificate program, information on the FMRs and DCD utility allowance schedule; and (b) For the vouchers program, information on the payment standard and DCD utility allowance schedule. How DCD determines the maximum rent for an assisted unit; What the family should consider in deciding whether to lease a unit, including: (a) The condition of the unit; (b) Whether the rent is reasonable; (c) The cost of any tenant -paid utilities and whether the unit is energy- efficient; and (d) The location of the unit, including proximity to public transportation (if applicable), centers of employment, schools and shopping. Where the family may lease a unit. For a family that qualifies to lease a unit outside DCD jurisdiction under portability procedures, the information packet must include an explanation of how portability works; The HUD -required "lease addendum" (The lease addendum is the language that must be included in the lease). The form of request for lease approval, and an explanation of how to request DCD's approval to lease a unit; A statement of DCD policy on providing information about a family to prospective owners (See Section XV. 3 below); DCD subsidy standards, including when DCD will consider granting exceptions to the standards; The HUD brochure on how to select a unit; The HUD lead-based paint (LBP) brochure; Information on federal, state and local equal opportunity laws, and a copy of the housing discrimination complaint form; A list of landlords or other parties know to DCD who may be willing to lease a unit to the family, or help the family find a unit; Notice that if the family includes a disabled person, the family may request a current listing of accessible units known to DCD that may be available; (16) Family obligations under the program; (17) The grounds on which DCD may terminate assistance for a participant family because of family action or failure to act; and (18) The informal hearing procedures. This information must describe Page 47 93- 697 City of Miami, Dept. of Comm...,ev. Section 8 Administrative Plan when DCD is required to give a participant family the opportunity for an informal hearing, and how to request a hearing. 4. Approval of Lease and Execution of Related Documents: Reference: 24 CFR 982.302 and 982.305. When a family finds a unit, and the owner is willing to lease the unit under the program, the family may request DCD to approve the lease and unit. A. If DCD determines that a unit, which an Eligible Family wishes to lease, meets HQS and the proposed Lease is approval, DCD shall notify the Owner and the Family of its determination of Lease approval. B. After receiving notification from DCD, the Owner and DCD representative shall schedule a meeting and execute and sign the Contract. After the contact is executed, the Owner and Family shall execute and sign the Lease and provide a copy to DCD. C. DCD shall retain the following in its files: (1) The Request for Lease Approval; (2) The approved Lease; (3) Inspection report; (4) DCD certification that the current rent being charged for comparable units in the private unassisted market, taking into account the location, size, type, quality, amenities, facilities and management and maintenance service of such unit. This certification will be maintained for three years to comply with HUD regulations and HUD inspections; and, (5) Executed Contract. SECTION XIV. DCD DISAPPROVAL OF OWNER 1. Owner Debarred: DCD must not approve a unit if DCD has been informed (by HUD or otherwise) that the owner is debarred, suspended, or subject to a limited denial of participation. Also, when directed by HUD, DCD must not approve a unit if: A. The federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other federal equal opportunity requirements and the action is pending; or B. A court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements. 2. DCD Administrative Discretion: DCD will deny approval to lease a unit from an owner for any one of the following: Revised Oct. 1999 d� Page 48 V3 697 City of Miami, Dept. of Comm—aev. lection 8 Administrative Plan A. Owner has violated obligations under a HAP contract. B. Owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program. C. The owner has engaged in drug trafficking. D. The owner has a history or practice on non-compliance with the HQS requirements, State or local housing codes. E. The owner has not paid State or local real estate taxes, fines or assessments. Note: After May 18, 1998, if the owner is a parent, child, grandparent, grandchild, sister, or brother of any member of the participant family, DCD must not approve the unit. However, if the housing authority determines that approval of the unit would provide reasonable accommodation for a family member who is a disabled person, the unit may be approved. SECTION XV. OWNER RESPONSIBILITY FOR SCREENING TENANTS 1. Suitability for Tenancy DCD must inform the owner that DCD has not screened the family's behavior or suitability for tenancy and that such screening is the owner's own responsibility. 2. Family's Background: An owner may consider a family's background with respect to such factors as: A. Payment of rent and utility bills. B. Caring for a unit and premises. C. Respecting the rights of others to the peaceful enjoyment of their housing. D. Drug-related criminal activity or other criminal activity that is a threat to the life, safety or property of others and compliance with other essential conditions of tenancy. 3. Information Provided Owner Concerning Tenancy: DCD must give the owner the family's current address (as shown in DCD records) and the name and address of the landlord at the family's current and prior addresses, if known to DCD. DCD will provide information to an owner for all participants when DCD possesses the following: A. The tenancy history of family members, or B. Drug-trafficking by family members. SECTION XVI. WHERE A FAMILY CAN LEASE A UNIT WITH TENANT -BASED ASSISTANCE AND PORTABILITY PROCEDURES 1. Assistance in the Initial PHA's Jurisdiction: The family may receive tenant -based assistance to lease a unit located anywhere in the jurisdiction of the initial PHA. Revised Oct. 1999 Page 49 63- 697 City of Miami, Dept. of Comm..,ev. Section 8 Administrative Plan 2. Portability - Assistance Outside the Initial PHA Jurisdiction: Families living in the jurisdiction of the initial PHA may receive tenant -based assistance to lease a unit outside the initial PHA jurisdiction: A. In the same State as the initial PHA; B. In the same metropolitan statistical area (MSA) as the initial PHA, but in a different State; C. In an MSA that is next to the same MSA as the initial PHA, but in a different State; or, D. In the jurisdiction of a PHA anywhere in the United States that is administering a tenant -based program. 3. Income Eligibility A. For admission to the certificate or voucher program, a family must be income eligible in the area where the family initially leases a unit with assistance in the certificate or voucher program. B. A portable family transferring between the certificate and voucher programs must be income eligible for the new program in the area where the family leases an assisted unit. This requirement applies if the family is either: transferring from the initial PHA's certificate program to the receiving PHA voucher program, or transferring from the initial PHA's voucher program to the receiving PHA's certificate program. C. If a portable family was already a participant in the initial PHA certificate or voucher program, income eligibility is not re -determined unless the family transfers between the programs. 4. Leasing in Place: If the dwelling unit is approvable, a family may select the dwelling unit occupied by the family before selection for participation in the program. 5. Freedom of Choice: When the family selects eligible housing that meets all program requirements DCD may not directly or indirectly reduce the family's opportunity to select among available units. 6. Portability - Administration by the Initial PHA Outside the Initial PHA's Jurisdiction: A. When a family moves under portability to an area outside DCD's jurisdiction, DCD will administer the assistance for the family if. the unit is located within the State of Florida, in the same MSA as DCD, or in an MSA that is next to the MSA as DCD (but in a different State), and no other PHA with a tenant -based program has jurisdiction in the area where the unit is located. Revised Oct. 1999 Page 50 03- 697 City of Miami, Dept. of Comm. -,ev. lection 8 Administrative Plan B. If the above conditions exist, the family remains in the program of DCD. DCD has the same responsibilities for administration of assistance for the family living outside DCD's jurisdiction as for other families assisted by DCD within the DCD's jurisdiction. C. DCD may choose to use another PHA, a private management entity or other contractor or agent to help DCD administer assistance outside DOD's jurisdiction. 7. Portability - Administration by Receiving PHA: A. When a family moves under portability to an area outside DCD's jurisdiction, another PHA (the receiving PHA) must administer assistance for the family if a PHA with a tenant -based program has jurisdiction in the area where the unit is located. When this situation exists, the PHA with jurisdiction in the area where the family wants to lease a unit, must issue the family a voucher. If there is more than one such PHA, DCD may choose the receiving PHA. B. The receiving PHA has the choice of assisting the family under either the certificate program or the voucher program. 8. Portability Procedures: The initial PHA must determine whether the family is income - eligible in the area where the family wants to lease a unit. The initial PHA must advise the family how to contact and request assistance from the receiving PHA. The initial PHA must promptly notify the receiving PHA to expect the family. The family must promptly contact the receiving PHA, and comply with receiving PHA's procedures for incoming portable families. The initial PHA must give the receiving PHA the most recent HUD Form 50058 for the family, and related verification information. If the receiving PHA opts to conduct a new re-examination, the receiving PHA may not delay issuing the family a voucher or otherwise delay approval of a unit unless the re- certification is necessary to determine income eligibility. When the portable family requests assistance from the receiving PHA, the receiving PHA must promptly inform the initial PHA whether the receiving PHA will bill the initial PHA for assistance on behalf of the portable family, or will absorb the family into its own program. The receiving PHA must determine whether to extend the certificate or voucher term. The family must submit a request for lease approval to the receiving PHA during the term of the receiving PHA certificate or voucher. The receiving PHA must determine the family unit size for the portable family. The family unit size is determined in accordance with the subsidy standards of the receiving 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 lease approval for an eligible unit within the term of the certificate or voucher. To provide tenant -based assistance for portable families, the receiving PHA must perform all PHA functions, such as reexamination of family income and composition. 9. Absorption by the Receiving PHA: If funding is available for the receiving PHA, when a certificate or voucher is received, the receiving PHA may absorb the family into the Revised Oct. 1999 Pe 51 9f- 697 City of Miami, Dept. of Comm. ,ev. iection 8 Administrative Plan receiving PHAs certificate or voucher program. 10. Portability Billing: The receiving PHA may bill the initial PHA for housing assistance payment and administrative fees. The initial PHA must promptly reimburse the receiving PHA for the full amount of the housing assistance payments (HAP) made by the receiving PHA for the portable family. The amount of the HAP for a portable family in the receiving PHAs program is determined in the same manner as for other families in the receiving PHA program. The initial PHA must promptly reimburse the receiving PHA for 80 percent of the initial PHA's on-going administrative fee for each unit month that the family receives assistance under the tenant -based programs from the receiving PHA. HUD may reduce the administrative fee to an initial PHA, if the PHA does not promptly reimburse the receiving PHA for housing assistance payments or fees on behalf of portable families. SECTION XVII. ABSENCE FROM THE ASSISTED UNIT Absence means that no member of the family is residing in the unit. Families participating in the program may be absence for a period of 14 calendar days without notifying DCD. If the family anticipates being absent for more than 14 consecutive calendars days, the Head of Household must request written permission from DCD prior to leaving the assisted unit. The written request must be submitted 30 calendar days in advance of the anticipated absence. DCD may approve absences in excess of 14 consecutive calendar days for vacation, hospitalization or other good cause as presented to DCD by the head of the household. DCD will respond in writing within 10 calendar days of the receipt of the request for approved absence. DCD will not approve any request for absence for a period of more than 180 consecutive calendar days in any circumstance, or for any reason. Verbal request for determination may only be made in emergency situations. DCD will respond verbally and follow-up its verbal determination in writing within ten calendar days of the verbal request. SECTION XVIII. CONTINUED ASSISTANCE AFTER FAMILY BREAK-UP DCD shall determine which family members will continue to receive assistance after a family break-up. The head of household, spouse or any adult member of the household must notify DCD that there has been a family break-up and continued assistance is being requested. The assisted family member making the request must submit the request in writing to DCD and request a determination. The request must be made with 10 calendar days of the break-up. DCD will consider the following factors in making this determination: 1. Assisted Unit: Whether the assistance should remain with family members remaining in the original assisted unit. 2. Interest of Family Members: The interest of minor children or of ill, elderly or disabled family members. Revised Oct. 1999 Page 52 63- 697 City of Miami, Dept. of Comm. i)ev. Section 8 Administrative Plan 3. Physical Violence: Whether family members are forced to leave the unit as a result or actual or threatened physical violence against family members by a spouse or other member of the household. DCD will issue a determination within 10 calendar days of receipt of the request for a determination. The person requesting the determination may request an Informal Hearing in accordance with DCD established procedures if they disagree with the determination of DCD. If a court determines the disposition of property between members of the assisted family in a divorce or separation under a settlement or judicial decree, DCD is bound by the court's determination of which family members continue to receive assistance in the program. SECTION XIX. SUBSIDY STANDARDS The following subsidy standards shall determine the number of bedrooms required to accommodate each family without overcrowding or over -housing: Subsidv Standard Chart Number of Bedrooms Number of Persons Minimum Maximum 1 1 2 2 2 4 3 3 6 4 4 8 5 5 10 In determining family unit size for a particular family, the DCD may grant an exception to the above subsidy standard if the DCD determines that the exception is justified by the age, sex, health, handicap, or relationship of family members or other personal circumstances. The family unit size for any family consisting of a single person must be either a zero or one - bedroom unit, unless a live -in -aide resides with the family. Any live -in -aide must be approved by the DCD in advance, and reside in the unit to care for a family member who is disabled or is at least 50 years of age. A live -in -aide must be counted 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. Revised Oct. 1999 Page 53 06) 0- 697 City of Miami, Dept. of Comm. i)ev. Section 8 Administrative Plan 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. SECTION XX. INSPECTIONS OF PRIVATE LANDLORD'S PROPERTY 1. Moderate Rehabilitation Program DCD shall schedule inspections 90 days prior to renewal. If a tenant is unable to have the unit available for inspection, the tenant must contact DCD within twenty-four hours to reschedule. If the tenant refuses to permit the unit to be inspected within 30 days of the scheduled inspection, the tenant may become responsible to pay the full share of rent on the regular annual re- certification date and shall continue to pay full rent until an inspection has been complete and approved by DCD. DCD will maintain a copy of every inspection and re -inspection report for three years, with one exception. If the unit inspected requires testing for Lead Based Paint and/or the unit requires treatment of chewable surfaces based on the testing, DCD shall keep the test results indefinitely and, if applicable, the Owner's certification of the treatment. The inspection reports will specify the defects or deficiencies that must be corrected in order for the unit to be corrected for the unit to meet HQS standards. The inspection report will also reflect any other defects or deficiencies, that do not cause the unit to fail, in the event of a subsequent claim by the Owner that they were caused during the period of occupancy by the Family. DCD will perform HQS inspections for 100 % of the City's Section 8 Housing Inventory. The Inspections Unit will be able to perform follow up and emergency inspections as needed. More importantly, the Inspections Unit will: • Establish an annual schedule of inspections to effectively complete HQS required inspections for the City's Section 8 units. • Monitor the City's total housing stock, and • Meet other inspection needs of the City's HUD housing programs. Since the City's existing Section 8 housing inventory is old and in need of extensive maintenance, more frequent inspections will be performed. DCD's plan is to inspect these units on a quarterly basis and to maintain this schedule until the inspections' failure rate has been reduced to 5 %. The inspection schedule will include the annual inspections 90 days prior to re- certification. Re -inspections will be conducted more frequently at the landlord's or resident's request or initiated by DCD depending in the history of the results of the inspections for the individual units. Revised Oct. 1999 Page 546 ry 03— t City of Miami, Dept. of Comm. ,rev. Section 8 Administrative Plan The Inspection Procedures to be followed are those specified in Chapter 5 of HUD's Public Agency Administrative Practices Handbook for Section 8 Existing Housing Program 7420.7 and 24 CFR Section 5.701. 2. Voucher Pro g am When DCD receives a Request for Lease approval, DCD shall inspect the unit for compliance with DCD's Housing Quality Standards (HQS). DCD's inspector will inspect the unit for compliance with HQS standards and send the owner the results of the inspection. If there are defects or deficiencies which must be corrected in order for the unit to comply with HQS standards, the Owner shall be advised, in writing, by DCD of the work required to be done before a Contract can be executed. The unit will be re -inspected to ascertain that the necessary work has been performed and the unit meets HQS standards for occupancy. DCD will maintain a copy of every inspection and re -inspection report for three years, with one exception. If the unit inspected requires testing for Lead Based Paint and/or the unit requires treatment of chewable surfaces based on the testing, DCD shall keep the test results indefinitely and, if applicable, the Owner's certification of the treatment. The inspection reports will specify the defects or deficiencies that must be corrected in order for the unit to be corrected for the unit to meet HQS standards. The inspection report will also reflect any other defects or deficiencies, that do not cause the unit to fail, in the event of a subsequent claim by the Owner that they were caused during the period of occupancy by the Family. SECTION XXI. INSPECTION STANDARDS Before a unit can be approved of Occupancy under the Section 8 program, the unit must meet the performance requirements set forth in 24 CFR 982.401, which are the Housing Quality Standards (HQS). 1. HQS Inspection Areas: The following areas are included in HQS inspections: ■ 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; and ■ Smoke Detectors. DCD will use HUD approved inspection forms to perform Section 8 Inspections Revised Oct. 1999 Page 55 93- 697 City of Miami, Dept. of Comm. ,rev. Section 8 Administrative Plan 2. Types of HOS Inspections: A. Initial Inspections: Performed by DCD's housing inspectors after receiving the Request for Lease Approval from the applicant. B. Yearly inspections as required by HQS for tenants continuing to receive assistance and remaining in the same unit. C. Re -Inspections: Inspections are performed by DCD housing inspectors for the purpose of verifying that deficiencies noted in the previous inspection have been corrected and meet HQS. D. Supervisory Quality Control Inspections: The Section 8 Inspection Supervisor will re- inspect ten (10) percent (based on a random sample) of the total number of Section 8 units under HAP contract to insure that inspections are being performed in compliance with HQS standards. An Inspection Supervisor will perform Supervisory Quality Control Inspections on a minimum of 10 % of the units inspected by a Housing Inspector. The sample selected by the Inspection Supervisor must include units inspected by each inspector, in the case where more than one inspector was involved in the inspection of the unit. The sample will contain both passing and failing units so discrepancies can be discussed in detail and the inspector's competency can be evaluated. Supervisory Quality Control Inspections may be performed simultaneously with the inspector or not later than one (1) week after the unit was inspected. If the inspections are conducted simultaneously, the inspector and the inspection supervisor will perform them independently of each other so as not to influence the other's findings and ratings. After the inspections are completed, both checklists are compared and any discrepancy is discussed and reconciled. The Supervisory Quality checklists will be filed with the tenant's unit file. The Supervisory control sheet and comments will be kept in the Inspections Units files. If the Inspection Supervisor has an excessive workload, DCD may contract private inspection companies to perform the HUD mandated Supervisory Quality Control Inspections. The Section 8 Inspection Supervisor will maintain a file that documents the quality control inspections. E. Special Inspections: These types of inspections may be necessary when a Federal Official visits DCD to perform a compliance review of DCD and/or the Owner may request a special inspection be performed to document the condition to the unit. F. Move -out Inspections: These inspections are performed after the tenant moves out of the unit and the Owner and/or the Owner's representative will be required to attend the move -out inspection. If the tenant plans to remain in the unit and the HAP contract is going to be canceled, the inspection can be performed with the tenant in place. Move -out inspections substantiate possible damage claim/violation of family obligations. The Owner may write DCD and indicate that there are no damages and a move -out inspection is not required. If an Owner requests a move out inspection to substantiate a damage claim/violation of family obligation the inspection must be completed prior to the work being done that will correct the damage. The Owner must request an inspection within 5 business days of the move -out in order to submit a damage claim, if applicable. If DCD cannot schedule the inspection prior to re -rental of the unit, DCD may give the Owner permission to submit a damage claim/violation of family obligation with pictures of the unit, to substantiate the damage. DCD may use this evidence to terminate the continuing assistance to the participant because of a family violation. DCD may only be responsible for a portion of a damage claim for HAP contracts existing prior to October 2, 1995. 3. Inspection Notifications The tenant will be notified by mail when a unit will be inspected, this will be the case for annual and special inspections. Inspector to be made in response to a complaint or prior to move in, do not require written notification to the tenant. Revised Oct. 1999 Page 56 93- 697 City of Miami, Dept. of Comm. oev. Section 8 Administrative Plan 4. Failures, Notifications and Corrective Periods If a unit fails inspection, the Housing Inspector will discuss the problem with the owner, or his representative, and will advise him of the period of time in which to make the necessary corrections: • In the case of an emergency or serious deficiency, the owner has twenty-four (24) hours to correct the problem • For any other deficiency, the owner has 30 days to make the necessary corrections. In both instances, the owner will be notified in writing of the deficiencies and the period of time available to correct them. A written notice informing the owner of the time of re- inspection will also be sent by mail by the Inspections Unit of CD. At the end of the period given to the owner to make the corrections, a second inspection will be made to determine the owner's compliance with the inspection report. If the corrections have not been made within the allowed time, the owner will be given an Abatement Notice. The Abatement Notice suspends payments to the owner for a maximum of 30 days, at the end of which the deficiencies should be corrected. If at the end of the Abatement period, the corrections have been made, DCD will resume payments. If the deficiencies have not been corrected, DCD may terminate the contract for the unit in accordance with its terms and conditions. SECTION XXII. DETERMINATION OF PARTICIPANT RENT AND RE- EXAMINATION OF INCOME AND FAMILY CIRCUMSTANCES Rent as initially determined or at annual reexamination will remain in effect for the period between regular reexamination of family income and composition unless the following changes in family circumstances occur. Also, Section 8 participant agrees to report, in writing, and provide certification following any change in annual income within ten (10) calendar days of the occurrence. Loss or addition of family composition of any family member through birth, death, divorce, removal of other continuing circumstances and the amount, if any, of family member's income; Employment, unemployment, or changes in employment of a permanent nature of the family head, spouse, or other wage earner that is 18 years of age; or to correct errors made when determining eligibility or at reexamination. If an error results in a retroactive rent payment due to the participant not providing correct information concerning annual income, the Section 8 participant may request DCD representative to approve a repayment schedule. The Section 8 participant must make the request, in writing, to the DCD representative. The amount of the repayment will be the highest of $10.00 per month or 10 percent of the monthly adjusted income. The DCD representative will provide the Section 8 participant with a written response to their request and if approved the Revised Oct. 1999 Page 57 03- 697 City of Miami, Dept. of Comm. jev. Section 8 Administrative Plan written notification will include the amount of the monthly repayment plus the due date of the first payment. The final estimate of Family Income will be made by DCD on the basis of verified information regarding income. There is no minimum income requirement, but the staff will strive to determine whether there is income (as defined in Section IV) that is not being reported. Families may not be required to apply for public assistance, but it may be suggested to them. If the family reports zero income, DCD will have the family sign a verification form to verify that no income is being provided. Families will be required to report any changes in their income status within ten (10) calendar days of the occurrence of employment and/or any other type of income is received. Families with zero income will be requested to undergo more frequently interim determinations. Annual Re-examination: A. Once each year, or as required by DCD, DCD will re-examine the income and family composition of all families participating the Section 8 Program in accordance with 24 CFR Section 5.617. Verifications acceptable to DCD shall be obtained and determinations made. In the event of failure or refusal of the family to report the necessary information, DCD may terminate the assistance. B. Records shall be maintained by DCD to insure that every participant's income and family composition has been reexamined within a twelve-month period. C. Upon completion of reexamination and verification, the participant shall be notified, in writing, no later than thirty (30) days prior to the effective date of the following: (A copy of such notification is to be retained in the participant's file.) (1) Any change in rent and the date on which it becomes effective. (2) Any change required because of a change in the composition of the family. 2. Interim Re -determination of Rent: Rent as set at admission or Annual Re-examination will remain in effect for the period between regular rent determinations unless changes in family circumstances occur. The participant is required and agrees to report, in writing, the following specified changes in family income and composition within ten (10) calendar days of occurrence. A. Loss or addition to family composition of any kind through birth, death, marriage, divorce, removal or other continuing circumstance and the amount, if any, of such family member's income. Any such additions, other than birth, must be approved by DCD in advance, and must qualify, the same as an applicant or any prospective new participant. Revised Oct. 1999 Page `� 3- a7 City of Miami, Dept. of Comm. oev. Section 8 Administrative Plan B. Employment, unemployment or changes in income for employment of a permanent nature of the family head, spouse, or other wage earner eighteen (18) years of age or older. C. The starting of or stopping of, or an increase or decrease of any benefits or payments received by any member of the family or household from Old Age Pension, Aid for Dependent Children, Black Lung, Railroad Retirement, Private Pension Fund, Disability Compensation, Veterans Administration, Child Support, Alimony, Regular Contributions or Gifts. Lump sum payments or retroactive payments of benefits from any of the above sources, which constitute the sum of monthly payments for a preceding period paid in a lump sum, must be reported and rent adjusted retroactively on such income to date of eligibility for any family member residing in the household for that period of time. D. Cost of living increases in Social Security or public assistance grants need not be reported until next re-examination and re -determination of rent. E. Errors of omission made at admission or re-examination shall be corrected by DCD. Retroactive payments will be made to the participant if the error is in his/her favor. F. A participant who has had a rent reduction/ increase after initial occupancy or after annual re-examination must report all changes in income within ten (10) calendar days regardless of the amount or source. 3. Notice of Temporary Rent: On occasions, DCD is required to compute rent based on information that is supplied by the participant and third party information that has not or will not be provided by the employer. When this situation occurs DCD will compute a temporary rent based on the information available. Once the information is verified the participant will be notified in writing. If an underpayment was made based on the information provided, the participant will have fourteen (14) days from the date of DCD notification to pay the amount specified. If the participant has made an overpayment, that amount will be credited to his/her account, with the landlord. The Head of Household and Spouse (if applicable) and a DCD representative signs this Notice of Temporary Rent and it is filed appropriately with a copy provide to the participant. 4. The Effective Dates of Interim Re -determination of Rent: A. Any decrease in rent resulting from any decreases in family income will be made effective the first of the month following the date the decrease in family income was reported and verified in writing. B. The participant agrees to pay any increase in rent resulting from an increase in family income the first of the second month following the date in which such increase in family income occurred, and to pay any back rent due because of failure to report such increase in family income. Revised Oct. 1999 Page 59 63- 697 City of Miami, Dept. of Comm. Aoev. Section 8 Administrative Plan (1) Any interim change in rent will require re -verification of all family income that has not been verified within ninety (90) calendar days of the previous rent determination. (2) Participant agrees to pay any increase in rent resulting from the implementation of changes in rent computation or increases due to changes in regulations, policies or procedures requiring implementation by the United States Department of Housing and Urban Development. (3) Temporary employment/unemployment or increases and decreases in wages "for any reason" of less than 30 days will not constitute a rent adjustment. (4) If it is found that a participant has misrepresented or failed to report facts upon which rent is based so that the participant is paying less than they should be paying, the increase in rent shall be made retroactive to the date the increase would have taken effect. The participant will be required to pay the difference between the rent paid and the amount that should have been paid. In addition, the participant may be subject to civil and criminal penalties. Misrepresentation is a serious program violation, which may result in termination. 5. Special Re-examinations: Special reexaminations are pre -scheduled extensions of admission or continued occupancy determinations, and will be considered for the following reasons: A. If it is impossible to determine annual family income accurately due to instability of family income and/or family composition, a temporary determination of income and rent is to be made and a special re-examination shall be scheduled for thirty (30), sixty (60) or ninety (90) days, depending on circumstances. The participant shall be notified, in writing, of the date of the special re-examination. B. If the family income can be anticipated at the scheduled time, the reexamination shall be completed and appropriate actions taken. If a reasonable anticipation of income cannot be made, another special re-examination shall be prescribed and the same procedure followed as stipulated in the preceding paragraph until a reasonable estimate can be made. C. Rents determined at special re-examinations shall be made effective as noted in 4 A and B above. 6. Minimum Rent Hardship Exemptions: A. DCD shall immediately grant an exemption from application of the minimum monthly rent to any family making a proper request in writing, who is unable to pay because of financial hardship, which shall include: (1) The family has lost eligibility for, or is awaiting an eligibility determination from a federal, state, or local assistance program, including Revised Oct. 1999 Page 60 03-- 697 City of Miami, Dept. of Comm...jev. Section 8 Administrative Plan a family that includes a member who is an alien lawfully admitted for permanent residence under the immigration and nationalization act who would be entitled to public benefits but for Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (2) The family would be evicted as a result of the implementation of the minimum rent (this exemption is only applicable for the initial implementation of a minimum rent or increase to the existing minimum rent). (3) The income of the family has decreased because of changed circumstance, including loss of employment. (4) A death in the family has occurred which affects the family circumstances. (5) Other circumstances which may be decided by DCD on a case-by-case basis. All of the above must be proven by the Resident providing verifiable information in writing to DCD prior to the rent becoming delinquent and before the lease is terminated by DCD. B. If a resident requests a hardship exemption (prior to the rent being delinquent) under this section, and DCD reasonably determines the hardship to be of a temporary nature, exemption shall not be granted during a ninety -day period beginning upon the making of the request for the exemption. A resident may not be evicted during the ninety -day period for non-payment of rent. In such a case, if the resident thereafter demonstrates that the financial hardship is of a long term basis, DCD shall retroactively exempt the resident from the applicability of the minimum rent requirement for such ninety day period. This Paragraph does not prohibit DCD from taking eviction action for other violations of the lease. 7. Reduction of Welfare Benefits: If the Section 8 participant requests an income re- examination and the rent reduction is predicated on a reduction in tenant income from welfare, the request will be denied, but only after obtaining written verification from the welfare agency that the families benefits have been reduced because of- A. £ A. Noncompliance with economic self-sufficiency program or; B. Work activities requirements or; C. Because of fraud. 8. Exception to Rent Reductions: Families whose welfare assistance is reduced specifically because of fraud or failure to participate in an economic self-sufficiency program or comply with a work activities requirement will not affect their Section 8 tenant -based assistance. SECTION XXIII. ADJUSTMENT TO UTILITY ALLOWANCES AND CONTRACT RENTS, PLUS MONTHLY HOUSING ASSISTANCE PAYMENTS 1. Utility Allowances: At least annually, DCD shall determine whether there has been a Revised Oct. 1999 Page 61 63- 697 City of Miami, Dept. of Comm....ev. Section 8 Administrative Plan substantial change in utility rates or other charge of general applicability, and whether an adjustment is required in the Allowance of Utilities and Other Services by reason of such changes or because of errors in the original determination. If DCD determines that an adjustment should be made, DCD shall establish a schedule of adjustments taking into account size and type of dwelling units and other pertinent factors and shall furnish HUD with a copy of the adjusted schedule. (Reference 24 CFR 882.214) 2. Contract Rents: Contract Rents may be adjusted by DCD on an annual basis and for special adjustments as provided below: A. Annual Adjustment: Upon written request from the owner to DCD, submitted 90 days prior to the contract anniversary, an annual adjustment may be made if the Contract unit is in decent, safe and sanitary condition and the Owner is otherwise in compliance with the terms of the Lease and the HAP Contract. Annual adjustments as of any anniversary date shall be determined by using the Section 8 Annual Adjustment Factor most recently published by HUD in the Federal Register. The Contract rent may be adjusted upward or downward. However, in no case shall the adjusted rent be less than the Contract rent on the effective date of this Contract. B. A special adjustment: Subject to HUD approval, to reflect increases in the actual and necessary expenses of owning and maintaining the unit which have resulted from substantial general increases in real property taxes, utility rates or similar costs (i.e. assessments, and utilities not covered by regulated rates), but only if and to the extent that the Owner clearly demonstrates that such general increases have caused increases in the Owner's operating costs which are not adequately compensated for by the annual adjustments provided for in number 1 above of this section. The Owner shall submit financial statements to DCD clearly supporting the requested increase. Overall Limitation of Adjustments of 2 A and B above: Notwithstanding any other provisions of this part, adjustments as provided for in this section shall not result in material differences between the rents charged for assisted and comparable unassisted units. 3. Monthly Housing Assistance Pa mit (HAP) Payments: Monthly payments will be made to an owner on behalf of a family participating in the Section 8 Program. Payments will be issued in accordance with the Housing Assistance Payment Contract. The checks will be issued on a monthly basis and mailed directly to the participating owner (due on the fifth (5) day of each month for the current month.) A copy of the check will be kept and serve as a record of payment. Revised Oct. 1999 Page 62 0:1 697 City of Miami, Dept. of Comm..rev. Section 8 Administrative Plan SECTION XXIV. FAIR MARKET RENT (FMR), PAYMENT STANDARD FOR VOUCHERS AND RENT REASONABLENESS LIMITATION 1. Three Types of Tenancy in the Section 8 Tenant -based Programs: Some requirements of this section are the same for all three types of tenancy. Some requirements only apply to a specific type of tenancy. Unless specifically stated, requirements of this subpart are the same for all tenancies in the tenant -based programs. A. A regular tenancy under the certificate program B. An over -FMR tenancy under the certificate program; and C. A tenancy under the voucher program. 2. Negotiating Rent to Owner: The owner and the family negotiate the rent to owner. At the family's request, DCD must help the family negotiate the rent to owner. 3. Rent to Owner: Reasonable Rent A. DCD determination: (1) DCD may not approve a lease until DCD determines that the initial rent to owner is a reasonable rent. (2) DCD must re -determine the reasonable rent: (3) Before any increase in the rent to owner; (4) If there is a five percent decrease in the published FMR in effect 60 days before the contract anniversary (for the unit size rented by the family) as compared with the FMR in effect one year before the contract anniversary; or (5) If directed by HUD. (6) DCD may also re -determine the reasonable rent at any other time. (7) At all times during the assisted tenancy, the rent to owner may not exceed the reasonable rent as most recently determined or re -determined by DCD. B. Comparability: DCD must determine whether the rent to owner is a reasonable rent in comparison to rent for other comparable unassisted units. C. Owner certification of rents charged for other units. By accepting each monthly housing assistance payment from DCD, the owner certifies that the rent to owner is not more than rent charged by the owner for comparable unassisted units in the premises. The owner must give DCD information requested by DCD on rents charged by the owner for other units in the premises or elsewhere. 4. Maximum Subsidy: FMR/Exception Rent Limit. A. Purpose. (1) Fair market rents (FMRs) are published by HUD. In the tenant -based programs, the FMR/exception rent limit is used to determine the maximum Revised Oct. 1999 Page 63 03- 697 City of Miami, Dept. of Comm. "ev. lection 8 Administrative Plan subsidy for a family. (2) For a regular tenancy under the certificate program, the FMR/exception rent limit is the maximum initial gross rent under the assisted lease. (3) For the voucher program, the FMR/exception rent limit is the maximum "payment standard" (maximum subsidy) for a family. (4) For an over -FMR tenancy under the certificate program, the FMR/exception rent limit is the "payment standard" (maximum subsidy) for a family. B. Determining exception rent. (1) Area exception rent: HUD approval. (a) At HUD's sole discretion, HUD may approve an area exception rent for all units, or all units of a given size (number of bedrooms), leased by program families in a part of the fair market rent area that is designated as an "exception rent area." A HUD -approved area exception rent applies to all PHAs with jurisdiction of the exception rent area. (b) An area exception rent may not exceed 120 percent of the FMR. (c) HUD will determine the area exception rent by either of the two following methods: (i) Median rent method. In the median rent method, HUD determines the area exception rent by multiplying the FMR times a fraction of which the numerator is the median gross rent of the exception rent area and the denominator is the median gross rent of the entire FMR area. In this method, HUD uses median gross rent data from the most recent decennial United States census, and the exception rent area may be any geographic entity within the FMR area (or any combination of such entities) for which median gross rent data is provided in decennial census data products. (ii) 40th percentile rent method. In this method, HUD determines that the area exception rent equals the 40th percentile of rents to lease standard quality rental housing in the exception rent area. HUD determines the 40th percentile rent in accordance with the methodology described in 24 CFR 888.113 for determining fair market rents. A PHA that asks HUD to approve an area exception rent determined by the 40th percentile rent method must present statistically representative rental housing survey data that justify exception rent approval by HUD. (d) An area exception rent will not be approved unless HUD determines that an exception rent is needed either: (i) To help families find housing outside areas of high poverty; or (ii) Because certificate or voucher holders have trouble finding housing for lease under the program within the term of the Revised Oct. 1999 Page 64 93- 69`1 City of Miami, Dept. of Comm. L)ev. Section 8 Administrative Plan certificate or voucher. (e) The total populations of exception rent areas in an FMR area may not include more than 50 percent of the population of the fair market rent area. (f) At any time, HUD may withdraw or modify any approved area exception rent. (2) Regular certificate tenancy: Exception rent as reasonable accommodation for person with disabilities: DCD approval. For a regular tenancy in the certificate program, on request from a family that includes a person with disabilities, DCD must approve an exception rent of up to 120 percent of the fair market rent if the exception rent is needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities in accordance with 24 CFR part 8. 5. Voucher Tenancy or Over -FMR Tenancy: (How to calculate housing assistance payment) A. Use of payment standard. For a voucher tenancy or for an over- FMR tenancy under the certificate program, a "payment standard" is used to calculate the monthly housing assistance payment for a family. The "payment standard" is the maximum monthly subsidy payment for a family. B. Voucher program: Amount of assistance. (1) Voucher payment standard: Maximum and minimum. (a) DCD must adopt a payment standard schedule that establishes payment standards for DCD voucher program. For each FMR area and for each exception rent area, DCD must establish voucher payment standard amounts by unit size (zero -bedroom, one -bedroom, and so on). (b) For a voucher tenancy, the payment standard for each unit size may not be: (i) More than the current FMR/exception rent limit; or (ii) Less than 80 percent of the current FMR/exception rent limit, unless a lower percentage is approved by HUD. (2) Voucher assistance formula. (a) For a voucher tenancy, the housing assistance payment for a family equals the lesser of: (i) The applicable payment standard minus 30 percent of monthly adjusted income; or (ii) The monthly gross rent minus the minimum rent. (b) The minimum rent is the higher of (i) 10 percent of monthly income (gross income); or 1. A higher minimum rent as required by law. (3) Voucher payment standard schedule. (a) A voucher payment standard schedule is a list of the payment standard amounts used to calculate the voucher housing assistance Revised Oct. 1999 Page 65 93- 697 City of Miami, Dept. of Comn.. rev. Section 8 Administrative Plan payment for each unit size in an FMR area. The payment standard schedule for an FMR area includes payment standard amounts for any HUD -approved exception rent area in the FMR area. (b) The voucher payment standard schedule establishes a single payment standard for each unit size in an FMR area and, if applicable, in a HUD -approved exception rent area within an FMR area. (c) Payment standard amounts on the payment standard schedule must be within the maximum and minimum limits stated in paragraph (b)(1)(ii) of this section. Within these limits, payment standard amounts on the schedule may be adjusted annually, at the discretion of DCD, if necessary to assure continued affordability of units in DCD jurisdiction. (d) To calculate the housing assistance payment for a family, DCD must use the applicable payment standard from DCD payment standard schedule for the fair market rent area (including the applicable payment standard for any HUD -approved exception rent area) where the unit rented by the family is located. (4) Payment standard for certain subsidized projects. For a voucher tenancy in an insured or noninsured Section 236 project, a Section 515 project of the Rural Development Administration, or a Section 221(d)(3) below market interest rate project, the payment standard may not exceed the basic rental charge (as defined in 12 U.S.C. 1715z -1(f)(1)), including the cost for tenant -paid utilities. C. Over -FMR tenancy: Determining amount of assistance. (1) Payment standard. For an over -FMR tenancy, the payment standard for the unit size is the FMR/exception rent limit. (2) Over -FMR tenancy assistance formula. For an over -FMR tenancy, the housing assistance payment for a family equals the lesser of: (a) The applicable payment standard minus the total tenant payment; or (b) The monthly gross rent minus the minimum rent as required by law. D. Payment standard for family. (1) This paragraph (d) applies to both a voucher tenancy and an over -FMR tenancy. (2) The payment standard for a family is the lower of. (a) The payment standard for the family unit size; or (b) The payment standard for the unit size rented by the family. (3) If the unit rented by a family is located in an exception rent area, DCD will use the appropriate payment standard for the exception rent area. (4) During the HAP contract term for a unit, the amount of the payment standard for a family is the higher of: (a) The initial payment standard (at the beginning of the lease term) minus any amount by which the initial rent to owner exceeds the current rent to owner; or Revised Oct. 1999 Page 66 63- 697 City of Miami, Dept. of Comn., .-ev. Section 8 Administrative Plan (b) The payment standard as determined at the most recent regular reexamination of family income and composition effective after the beginning of the HAP contract term. (5) If there is a change in family size or composition during the HAP contract term, paragraph (d)(4)(i) of this section does not apply at the next regular reexamination following such change, or thereafter during the term. 6. Over -FMR Tenancy: DCD Approval. A. DCD discretion to approve. (1) At the request of the family, DCD may approve an over -FMR tenancy in accordance with this section. (2) Generally, DCD is not required to approve any over -FMR tenancy. However, DCD must approve an over -FMR tenancy in accordance with this section, if needed as a reasonable accommodation sothat the program is readily accessible to and usable by persons with disabilities in accordance with 24 CFR part 8. (3) DCD generally will approve over -FMR tenancy if it is to aid in furthering of the goals and objectives of fair housing. B. Requirements. (1) Ten percent limit. DCD may not approve additional over -FMR tenancies if the number of such tenancies currently is ten percent or more of the number of incremental certificate units under the HUD -approved budget for DCD certificate program. "Incremental units" means the number of budgeted certificate units minus any units for which HUD provided tenant -based program funding designated for families previously residing in housing with Section 8 project -based assistance. (2) Affordability of family share. DCD may not approve an over -FMR tenancy unless DCD determines that the initial family share is reasonable. In making this determination, DCD must take into account other family expenses, such as childcare, un -reimbursed medical expenses, and other appropriate family expenses as determined by DCD. C. Amount of assistance. During an over -FMR tenancy, the amount of the housing assistance payment is determined in accordance with 24 CFR Sec. 982.505(c). D. The method of selection shall be on a first come, first served basis. Persons with a disability shall be given a preference in selection. 7. Regular Tenancy (How to calculate housing assistance payment). The monthly housing assistance payment equals the gross rent, minus the higher of: A. The total tenant payment; or Revised Oct. 1999 Page 67 03-- 69 City of Miami, Dept. of Comm. —ev. Section 8 Administrative Plan B. The minimum rent as required by law. 8. Regular Tenancy: (Limit on initial rent to owner). A. FMR/exception rent limit. (1) The initial gross rent for any unit may not exceed the FMR/exception rent limit on the date DCD approves the lease. (2) The FMR/exception rent limit for a family is the lower of: (a) The FMR/exception rent limit for the family unit size; or (b) The FMR/exception rent limit for the unit size rented by the family. B. Reasonable rent. The initial rent to owner may not exceed a reasonable rent as determined in accordance with 24 CFR Sec. 982.503. 9. Regular Tenancy: (Annual adjustment of rent to owner). A. When rent is adjusted. At each annual anniversary date of the HAP contract, DCD must adjust the rent to owner at the request of the owner in accordance with this section. B. Amount of annual adjustment. (1) The adjusted rent to owner equals the lesser of- (a) f(a) The pre -adjustment rent to owner multiplied by the applicable Section 8 annual adjustment factor, published by HUD in the Federal Register, that is in effect 60 days before the HAP contract anniversary; (b) The reasonable rent (as most recently determined or re -determined by DCD in accordance with 24 CFR Sec. 982.503); or (c) The amount requested by the owner. (2) In making the annual adjustment, the pre -adjustment rent to owner does not include any previously approved special adjustments. (3) The rent to owner may be adjusted up or down in accordance with this section. (4) Notwithstanding paragraph (b)(1) of this section, the rent to owner for a unit must not be increased at the annual anniversary date unless: (a) The owner requests the adjustment by giving notice to the DCD; and (b) During the year before the annual anniversary date, the owner has complied with all requirements of the HAP contract, including compliance with the HQS. (5) The rent to owner will only be increased for housing assistance payments covering months commencing on the later of: (a) The contract anniversary date; or (b) At least sixty days after DCD receives the owner's request. (6) To receive an increase resulting from the annual adjustment for an annual anniversary date, the owner must request the increase at least sixty days before the next annual anniversary date. Revised Oct. 1999 Page 68 03- 697 City of Miami, Dept. of Comu..._ev. Section 8 Administrative Plan 10. Regular Tenancy: (Special adjustment of rent to owner). A. Substantial and general cost increases. (1) At HUD's sole discretion, HUD may approve a special adjustment of the rent to owner to reflect increases in the actual and necessary costs of owning and maintaining the unit because of substantial and general increases in: (a) Real property taxes; (b) Special governmental assessments; (c) Utility rates; or (d) Costs of utilities not covered by regulated rates. (2) DCD may make a special adjustment of the rent to owner only if the adjustment has been approved by HUD. The owner does not have any right to receive a special adjustment. B. Reasonable rent. The adjusted rent may not exceed the reasonable rent. The owner may not receive a special adjustment if the adjusted rent would exceed the reasonable rent. C. Term of special adjustment. (1) DCD may withdraw or limit the term of any special adjustment. (2) If a special adjustment is approved to cover temporary or one- time costs, the special adjustment is only a temporary or one-time increase of the rent to owner. 11. Rent to Owner: (Effect of rent control). In addition to the rent reasonableness limit under this subpart, the amount of rent to owner also may be subject to rent control limits under State or local law. 12. Rent to Owner: (In subsidized projects). A. Subsidized rent. (1) The rent to owner in an insured or noninsured Section 236 project, a Section 515 project of the Rural Development Administration, a Section 202 project or a Section 221(d)(3) below market interest rate project is the subsidized rent. (2) During the assisted tenancy, the rent to owner must be adjusted to follow the subsidized rent, and must not be adjusted by applying the published Section 8 annual adjustment factors. For such units, special adjustments may not be granted. The following sections do not apply to a tenancy in a subsidized project described in paragraph (a)(1) of this section: 24 CFR Sec. 982.509 (annual adjustment) and 24 CFR Sec. 982.510 (special adjustment). Revised Oct. 1999 Page 69 63- 697 City of Miami, Dept. of Conn— rev. Section 8 Administrative Plan B. HOME. For units assisted under the HOME program, rents are subject to requirements of the HOME program (24 CFR 92.252). C. Other subsidy: DCD discretion to reduce rent. In the case of a regular tenancy, DCD may require the owner to reduce the initial rent to owner because of other governmental subsidies, including tax credit or tax exemption, grants or other subsidized financing. 13. Other Fees and Charges. A. The cost of meals or supportive services may not be included in the rent to owner, and the value of meals or supportive services may not be included in the calculation of reasonable rent. B. The lease may not require the tenant or family members to pay charges for meals or supportive services. Non-payment of such charges is not grounds for termination of tenancy. C. 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. 14. Distribution of Housing Assistance Pa Ment. The monthly housing assistance payment is distributed as follows: A. DCD pays the owner the lesser of the housing assistance payment or the rent to owner. B. If the housing assistance payment exceeds the rent to owner, DCD may pay the balance of the housing assistance payment either to the family or directly to the utility supplier to pay the utility bill on behalf of the family. 15. Family Share: (Family responsibility). A. The family share is calculated by subtracting the amount of the housing assistance payment from the gross rent. B. DCD may not use housing assistance payments or other program funds (including any administrative fee reserve) to pay any part of the family share. Payment of the family share is the responsibility of the family. 16. Family Income and Composition: (Regular and interim examinations). A. DCD responsibility for reexamination and verification. (1) DCD's responsibilities for reexamining family income and composition are Revised Oct. 1999 Page 70 +03- 697 City of Miami, Dept. of Comm..,ev. Section 8 Administrative Plan specified in 24 CFR part 5, subpart F. (2) DCD must obtain and document in the tenant file third party verification of the following factors, or must document in the tenant file why third party verification was not available: (a) Reported family annual income; (b) The value of assets; (c) Expenses related to deductions from annual income; and (d) Other factors that affect the determination of adjusted income. B. When DCD conducts interim reexamination. (1) At any time, DCD may conduct an interim reexamination of family income and composition. (2) At any time, the family may request an interim determination of family income or composition because of any changes since the last determination. DCD must make the interim determination within a reasonable time after the family request. (3) Interim examinations must be conducted in accordance with policies in DCD administrative plan. C. Family reporting of change. A family must report to DCD any changes in family composition, decreases and increases in income greater than $40 per month, within five (5) working days of the change occurring. D. Effective date of reexamination. (1) Interim determinations will be made and payments adjusted as soon as possible for decreases so as not to create hardship on the family. Interim determinations for changes in income that would result in an increase in the Total Tenant Payment will be made effective the first day of the month after the changes took effect. An Addendum to the lease will be completed and copies mailed to the tenant and to the landlord. (2) At the effective date of a regular or interim reexamination, DCD will make appropriate adjustments in the housing assistance payment and family unit size. E. Family member income. Family income must include income of all family members, including family members not related by blood or marriage. If any new family member is added, family income must include any income of the additional family member. DCD must conduct a reexamination to determine such additional income, and must make appropriate adjustments in the housing assistance payment and family unit size. 17. Utility Allowance Schedule. A. Maintaining schedule. (1) DCD will maintain a utility allowance schedule for all tenant -paid utilities (except telephone), for cost of tenant -supplied refrigerators and ranges, and Revised Oct. 1999 Page 1r� 03- City of Miami, Dept. of Comn..__,ev. Section 8 Administrative Plan for other tenant -paid housing services (e.g., trash collection (disposal of waste and refuse)). (2) DCD will give HUD a copy of the utility allowance schedule. At HUD's request, DCD will also provide any information or procedures used in preparation of the schedule. B. How allowances are determined. (1) 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, DCD must use normal patterns of consumption for the community as a whole and current utility rates. (2) (a) DCD's utility allowance schedule, and the utility allowance for an individual family, must include the utilities and services that are necessary in the locality to provide housing that complies with the housing quality standards. However, DCD may not provide any allowance for non-essential utility costs, such as costs of cable or satellite television. (b) In the utility allowance schedule, DCD must classify utilities and other housing services according to the following general categories: space heating; air conditioning; cooking; water heating; water; sewer; trash collection (disposal of waste and refuse); other electric; refrigerator (cost of tenant -supplied refrigerator); range (cost of tenant -supplied range); and other specified housing services. DCD must provide a utility allowance for tenant -paid air-conditioning costs if the majority of housing units in the market provide centrally air-conditioned units or there is appropriate wiring for tenant -installed air conditioners. (3) The cost of each utility and housing service category must be stated separately. For each of these categories, the utility allowance schedule must take into consideration unit size (by number of bedrooms), and unit types (e.g., apartment, row -house, town house, single-family detached, and manufactured housing) that are typical in the community. (4) The utility allowance schedule must be prepared and submitted in accordance with HUD requirements on the form prescribed by HUD. C. Revisions of utility allowance schedule. (1) DCD must review its schedule of utility allowances each year, and must revise its allowance for a utility category if there has been a change of 10 percent or more in the utility rate since the last time the utility allowance schedule was revised. DCD must maintain information supporting its annual review of utility allowances and any revisions made in its utility allowance schedule. (2) At HUD's direction, DCD must revise the utility allowance schedule to correct any errors, or as necessary to update the schedule. Revised Oct. 1999 Page 72 03- 697 City of Miami, Dept. of Comc. .-,ev. Section 8 Administrative Plan D. Use of utility allowance schedule. (1) DCD must use the appropriate utility allowance for the size of dwelling unit actually leased by the family (rather than the family unit size as determined under DCD subsidy standards). (2) At reexamination, DCD must use the current utility allowance schedule. E. Higher utility allowance as reasonable accommodation for a person with disabilities. On request from a family that includes a person with disabilities, DCD 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 in accordance with 24 CFR part 8 to make the program accessible to and usable by the family member with a disability. SECTION XXV. AFFORDABILITY ADJUSTMENTS AND RENT PROVISIONS - VOUCHERS 1. Annual Increases of Payment Standards. DCD, in its discretion, may adopt annual increases of payment standards amounts on the payment standard schedule so that families can continue to afford to lease units with assistance under the Housing Voucher Program (Reference 982.617). In determining when an adjustment to the payment is necessary DCD will consider, A. Rent burden (number of families paying more than 30% of income for rent), B. Success rate in leasing vouchers, and C. Percentage of FMR. DCD will also consider the financial utilization of funding provided for vouchers. If DCD determines that vouchers are not being leased to properly utilize funding, the payment standard may need to be adjusted to increase utilization of available funding. 2. Rent Negotiation. Under the Housing Voucher Program, the rent to the owner is a matter of negotiation between the owner and the family. The rent must be within the guidelines of "rent reasonableness", and this rental amount must be certified by DCD as falling within the guidelines of "rent reasonableness". If requested by the family, DCD must also assist the family in negotiating a reasonable rent with the owner. (Reference 982.309) Rent Increase: The rent to owner may not be increased during the first year of the lease. The lease may provide that the owner may increase the rent at any time after the first anniversary of the lease, but the owner must give the tenant and DCD 60 days written notice of any increase before it takes effect. (Reference 982.309) 4. DCD Dis!qpproval of Lease: DCD may disapprove a lease for a rent that is not reasonable, based on rents charged for comparable rental units. DCD may exercise this authority in communities where the market is not functioning normally or where some families are not able to negotiate reasonable rent on their own. For example, where there is a Revised Oct. 1999 Page 73 03-- 697 City of Miami, Dept. of Comm. .ev. lection 8 Administrative Plan concentration of ownership by a small number of landlords, or where rents charged to voucher holders are greater than rents charged to certificate holders living in comparable units. DCD will document each case in which it disapproves a lease because the rent is not reasonable. (Reference 982.309) SECTION XXVI. SECURITY DEPOSIT The owner establishes the amount of the security deposit to be charged. The security deposit should be consistent with private market practice, or security deposits for the owner's unassisted units. When the tenant moves out of the dwelling 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 rent payable by the tenant, damages to the unit or for other amounts the tenant owes under the lease. The owner must give the tenant a written list of all charges against the security deposit, and the amount of each item. After deducting the amount, if any, used to reimburse the owner, the owner must refund promptly the full amount of the unused balance to the tenant. Note: If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may seek to collect the balance from the tenant. Note: DCD is not responsible for any damages to the unit and will not process any damage claims for HAP contracts signed after October 2, 1995. SECTION XXVII. TERMINATION OF TENANCY BY OWNER Reasons for Termination: The Owner shall not terminate the tenancy of the Family except for: A. Serious or repeated violation of the terms and conditions of the Lease; B. Criminal Activity by the tenant, any member of the household, a guest or another person under the tenant's control shall be cause for termination of tenancy. Criminal activity is defined as, criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other residents or by persons residing in the immediate vicinity of the premises. C. Violation of Federal, State or local law that imposes obligations on the tenant in connection with the occupancy or use of the premises; or D. Other good cause, which may include, but not be limited to: failure by the family to accept the offer of a new lease or revision; a family history of disturbance of neighbors or destruction of property, or of living or housekeeping habits resulting Revised Oct. 1999 Page 74 03- 697 City of Miami, Dept. of Comn...,ev. Section 8 Administrative Plan in damage to the unit or premises; 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, desire to lease the unit at a higher rental). If the owner terminates the tenancy for a business or economic reason the owner must provide the tenant with a 90 day notice. 2. Eviction by Court Action: The Owner may evict the Family from the Contract unit only by instituting a court action. The Owner must notify DCD, in writing, of the commencement of procedures for termination of tenancy, at the same time that the Owner gives notice to the Family under State law. 3. Written Notice: Owners must provide written notice of not less than 90 days before termination of a tenant -based housing assistance payment (HAP) contract and not less than 1 year before termination of a project -based certificate or moderate rehabilitation HAP contract because of an owner opt -out or expiration of the HAP contract. Copies of these notices must be provided to DCD. (Reference: HUD Notice PIH 93-54, issued October 19, 1993 and 24 CFR 982.455). 4. Termination During First Year: During the first year of the 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. For example, during this period, the owner may not terminate the tenancy for "other good cause", based on any of the following grounds: 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 tenancy (See 1 D above). SECTION XXVIII. TERMINATION OF HOUSING ASSISTANCE PAYMENT (HAP) CONTRACT 1. Termination of HAP Contract When the Unit is to Big Too Small or if Tenant's Needs Change Due to Disability If DCD determines that a unit does not meet the HQS space standards because of an increase in family size, a change in family composition, or because of disability changes, DCD will try to locate a suitable unit as soon as possible and if necessary, DCD will issue the family a new voucher. When the subsidy is to big for the family size, for the tenant -based voucher program only, DCD will issue the family a new voucher, and the family and DCD will try to find and acceptable unit as soon as possible. If the family is residing in a dwelling unit with a larger number of bedrooms than appropriate for the family unit size under DCD subsidy standard and the gross rent for the unit (sum of the contract rent plus any utility allowance for the unit size leased) exceeds the FMR or exception rent, DCD will notify the family that exceptions to the subsidy standard may be granted, and the circumstances in which DCD may grant and exception. If an acceptable unit is available for rental by the family within the FMR/exception rent limit, DCD must terminate the HAP contract in accordance with its terms. Revised Oct. 1999 Page 75 03- 697 City of Miami, Dept. of Comn,_ ,ev. Section 8 Administrative Plan 2. Breach of Contract: Termination of HAP contract for owner breach of contract. Breaches of the contract are outlined in the contract. 3. Automatic Termination of HAP Contract: The HAP contract terminates automatically 180 calendar days after the last housing assistance payment to the owner. SECTION XXIX. PROGRAM MANAGEMENT PLAN - Organization Plan Director of Community Development: Responsible for all aspects of the Section 8 Programs. 2. Section 8 Program Manager: The Section 8 Program Manager is responsible for the day- to-day operations of the Section 8 Programs. Some of the major duties are: handles public relations with concerned agencies and landlords, takes applications, signs vouchers, performs certifications and re -certifications of applicants and recipients of Section 8 assistance, performs Quality Control Review of tenants files and prepares various Section 8 reports. Housing Inspection Supervisor: Performs Section 8 Supervisory Inspections and directs all Housing Inspectors. 4. Fiscal Administrator: Approves all invoices and issuance of Section 8 checks and prepares all Section 8 Financial Reports. Responsible for the maintenance of all HAP registers. 4. Housing Specialist: The Housing Specialist takes applications, signs vouchers, performs certifications and re -certifications of applicants and recipients of Section 8 assistance, and performs duties as assigned by the Section 8 Program Manager. 5. Housing Inspector: Performs Section 8 Inspections for the Section 8 program and under the direction and training of the Section 8 Inspections Supervisor. SECTION XXX. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REVIEW OF CONTRACT COMPLIANCE HUD will review program operations at such intervals, as it deems necessary to insure that the owner and DCD are in full compliance with the terms and conditions of the contract and the ACC. Equal opportunity review may be conducted with the scheduled HUD review or at any time deemed appropriate by HUD. SECTION XXXI. ADMINISTRATIVE FEE RESERVE EXPENDITURES The City of Miami Commission will approve expenditures from the administrative fee reserve of the Section 8 programs in excess of $4,500.00. Revised Oct. 1999 Page 76 03- 697 City of Miami, Dept. of Comm. rev. Section 8 Administrative Plan SECTION XXXII. SPECIAL HOUSING TYPES DCD has elected not to permit use of any of SROs, Congregate housing, Group homes, Shared housing and Cooperative housing types in its program unless a special housing type is needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities in accordance with 24 CFR part 8. SECTION XXXIII. FAMILY SELF-SUFFICIENCY PROGRAMS The purpose of the family self-sufficiency (FSS) program is to promote the development of local strategies to coordinate the use of public housing assistance and assistance under the Section 8 program with public and private resources, to enable families eligible to receive assistance under these programs, and to achieve economic independence and self sufficiency. DCD has developed an action plan to implement the requirements of this program. A copy of this plan is attached to this document (Attachment A) and is incorporated by reference as if fully set out herein. The FSS plan includes the following and meets the requirements of Interim HUD Notice 93-24, issued May 27, 1993: 1. Eligible FSS Participants: DCD will select eligible families that are receiving housing assistance through the Section 8 voucher program and have successfully completed the motivational pre-screening tasks. Individual employability assessments will be made of the head of the FSS household and any other unemployed or under employed interested family members 18 years of age and older, who are not enrolled full-time students. An individual training and service plan will be developed for each participating family member, as required. Those families selected for the FSS Program will be required to execute a Contract of Participation with DCD A. Fifty (50) percent of the DCD's slots will be allocated to Section 8 voucher participants with one or more family members currently enrolled in, or on the waiting list for, one or more FSS related service programs such as Job Opportunities and Basic Skills Training (JOBS) and/or Job Training Partnership Act (JTPA). B. The remaining fifty (50) percent of DCD's slots will be filled based on the date and time a family expresses interest in the FSS program. DCD will notify each Section 8 participant of the availability of the FSS program, in writing, and inform the families that eligibility for participation will be based on the date and time DCD is contacted by the family and an interest is expressed in the program. DCD will keep records, for a period of not less than three years, that document how families were selected for participation in the FSS program. 2. Termination of FSS: If the FSS participant under reports income and assets, the Section 8 assistance can be terminated and/or the family can be terminated from the FSS program. In either case, DCD will not credit the family's escrow account with any portion of the Revised Oct. 1999 Page 77 03— 097 City of Miami, Dept. of Comm :ev. back rent. Section 8 Administrative Plan A. Section 8 assistance is terminated in accordance with Section XI of this document. If a Family fails to meet its FSS obligations as outlined in the FSS contract of participation the family may be terminated from the FSS program. The family may lose Section 8 assistance if they are terminated from the FSS program. DCD may not terminate Section 8 assistance as a consequence of termination of the FSS contract. B. If a family was selected to participate in the FSS program and was terminated because the participant did not comply and thus the contract is terminated, DCD will terminate the participant from FSS. The participant may reapply after one year from the termination date. A family may also be denied the opportunity to participate in the FSS program if they owe any funds to a PHA. C. If a FSS participant moves from another PHA's jurisdiction with continued Section 8 assistance, DCD is not obligated to enroll the FSS family in its FSS program. The family must qualify under DCD's guidelines for selection and participation in FSS program. 3. Reduction of Required FSS Program. DCD may reduce their FSS obligation by one family for each FSS graduate fulfilling the family's contract of participation obligations. Also, minimum FSS program size will not increase when DCD receives incremental Section 8 funding. SECTION XXXIV. CLOSING OF FILES AND/ PURGING INACTIVE FILES DCD will purge inactive files, after they have been closed for a period of three years, with the exception of troubled cases, or cases involving a household containing a minor with a reported elevated blood -lead level. During the term of each assisted lease and for three years thereafter, DCD will keep the lease, HAP Contract and the family application. In addition, DCD will keep for at least three years, the following records: ■ Records with racial, ethnic, gender and disability status data for applicants and participants. ■ The application from each ineligible family and the notice that the applicant is ineligible. ■ HUD required reports and other HUD required files. ■ Lead based paint inspection reports as required. ■ Unit inspection reports. ■ Accounts and other records supporting DCD and financial statements. ■ Other records that may be specified by HUD. DCD shall retain all data for current participants for audit purposes. No information shall be removed which may affect an accurate audit. Revised Oct. 1999rr�� Page 78 03— 09� City of Miami, Dept. of Comm ev. Section 8 Administrative Plan Revised Oct. 1999 Page 79 697 TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Honorabl yor d IM tubers of e City Co sion v \. Jo Arriola Ci Manager RECOMMENDATION: DATE: JUN 13 2003 FILE Adoption of PHA Plans: 5 Year SUBJECT: Strategic Plan FY' 2000-04 and Annual Plan for FY'2003 REFERENCES: Special City Commission Meeting ENCLOSURES: June 24, 2003 It is respectfully recommended that the City Commission adopt the attached Resolution, with Attachments, approving the City of Miami's Public Housing Agency (PHA) Plans including the Five (5) Year Strategic Plan for Fiscal Years 2000-2004 and the Annual Plan for Fiscal Year 2003, in connection with the implementation and administration of the City's Section 8 Moderate Rehabilitation Program; authorizing the City Manager to submit the PHA Plans, attached and incorporated, for review and approval by the U.S. Department of Housing and Urban Development (U.S. HUD) for the City's continued participation in the above-mentioned federally assisted rental assistance program; authorizing the City Manager to execute any and all documents and certifications required, in a form acceptable to the City Attorney; and further allocating Section 8 Moderate Rehabilitation Program funds of $2,642,094 for client costs and $338,292 to the City of Miami Department of Community Development for administrative costs for a total of $2,980,386. BACKGROUND: Section 8 of the United States Housing Act of 1937, as amended, established the Moderate Rehabilitation Housing Program for the purpose of upgrading substandard housing units nationwide and to provide rental subsidies for low income families and individuals. Under the program, owners of substandard multifamily apartments are required to undertake rehabilitation activities, utilizing private and/or other low interest governmental funding to bring the subject properties into code compliance. In return, rental assistance payments are made to the property owner over a fifteen (15) year period for providing affordable housing to low income renters. In recognition of the City's severe shortage of housing that is affordable to low income families and individuals, in 1987, the U.S. Department of Housing and Urban Development (U.S. HUD) approved the City's application for funding under the Section 8 Moderate Rehabilitation Program. In April of 1987, through Resolution No. 87-320, the City Commission authorized the City Manager to accept the $2,242,752 of annual contributions from U. S. HUD for a fifteen (15) year period to implement the Program. The Administration recommends that $2,642,094 of the FY'2003 funding be allocated for client costs and $338,292 to the City of Miami Department of Community Development for administrative costs in accordance with Section 8 regulations. Overall, for the past fourteen (14) years, rental assistance has been provided through the City's Section 8 Moderate Rehabilitation Program to approximately four hundred twenty (420) housing 03- 697 units annually for low income families and individuals in the Little Havana (214 units), Model City (140 units) and Overtown (66 units) neighborhoods. The Quality Housing Responsibility Act of 1998 (QHWRA) requires public housing agencies to develop Public Housing Agency Plans that include a five (5) year strategic plan and annual plan. Both the five (5) year plan and the annual plan require agencies to examine their existing operations and needs, and to design long range and short range strategies to address those needs. The strategic plan describes the agency's mission, long range goals and objectives. The annual plan provides details about the agency's immediate operations, program participants, programs and services, and strategy for addressing the needs of the community in the upcoming fiscal year. It is recommended that the City Commission adopt the attached Resolution, with Attachments, approving the City of Miami's Public Housing Agency (PHA) Plans including the Five (5) Year Strategic Plan for Fiscal Years 2000-2004 and the Annual Plan for Fiscal Year 2003, in connection with the implementation and administration of the City's Section 8 Moderate Rehabilitation Program; authorizing the City Manager to submit the PHA Plans, attached and incorporated, for review and approval by the U.S. Department of Housing and Urban Development (U.S. HUD) for the City's continued participation in the above-mentioned federally assisted rental assistance program; authorizing the City Manager to execute any and all documents and certifications required, in a form acceptable to the City Attorney; and further allocating Section 8 Moderate Rehabilitation Program funds of $ 2,642,094 for client costs and $338,292 to the City of Miami Department of Community Development for administrative costs for a total of $2,980,386. Funds provided for this purpose are available from the Section 8 Moderate Rehabilitation Progra and there is no budgetary impact on the General Fund. GR 03- 697 FLA SUNDAY, JUNE A 2003 %%%v, .Nerald.com The Herald 5B City of Miami Department of Community Development The Miami City Commission will hold a Public Hearing to discuss issues relating to the Community Development Block Grant and other HUD Programs. T,bale 214, 2IM 1 �0 PJIL CaLa Misted cuew DrIvw Fedeal mysnedulassa ine GAY of iftei fABGP�� rBl ergOmmw adwdd blAe 0 g d,1d� 0MM wendcsd am anoppmW aown" an pmgan al drAdr anardrra are irdioed belba. 1. Diearaion ad prbpoaed approeig C+Y d Marr'e Pubfo I mmV Apq (�) Para amk*g b Fre (5) Ym staaQe Plrr br Frill Wa end fa Annual Pan fa Fad Wr 2003 in asaadorr ah fa iganmrfAkm ad aderridmfon d fa Cys semi a Moeaab Rahebifatian Pre¢aR auftaairp fr Cllr E•4" b submit IM PHA Pbra b rewrdeppnwd by fie U!S pap, d H.D. ares alooBig salon a Moderan iYuEiiaean Fhm-- Puna d S2,ea2.e4t b dei aeeb and 1338292b1heCUydlfamiDeperbarfdCaeern"DwdoprrwfbrAdmiietefee Iorat wd129BOM6 2 Daaadm ad pmpoeed naoltrim appnaig he wised Gly d Hemi lod Fbuwq AMiebn I Pan (IIMP). aaelad ad ircaporabd fa fm period d July 1.2001 /ewal Jae 3A 204, fur faw*WWparIii pafmdfaCayinfaRmidlsateHanigIrWoie eOMPmp-> faCkyMawbarbrnitaarod1 panbrmiw ad apprord M tla Randa Housing Res Canpmafon. 3. Cienreimandpgm-reeckgona' "gpaideebrfe29hYwCamuilyn, wpnantBbdeGraaf i 9P raalodbfao,, n'atFapde'lle d Rogan. 4. Oectraim and pnopoetd raeohAon aloosbg $44M of Fad Wer 2003.2004 A - g, y ShMer CaaR (IM Fula as follows: ALLOCATON OF 29TH YEAR EMERGENCY SHELTER GRANT FUNDS EINERGENCY SHELTER GRANT ACTMTV AMOUKr Dapartn-d of Community Darabpwm*rwwd Administration 113,200 City of Mfaroi 'M W. , Proven syn TOTAL AMOUINT OF PSG PROGRAM FINDS. 11440,000 5. DwmmadlnapandmmMena--9$l0LM odfaabWKC*%w*n IIn.aaodrGMICMjPMOMorl7bnantfawlswW 6XUwalpagamnmaelorafmid S15.t10.000 b awed Cal muo ill aereiea anti mind a*AMSforfa 291h Pagan WebegagOd W 1, 2Xga bbas PROPOS®297H YEAR Department u r nrt�tenar Caimmunity Dawop (20X) 52 228.000 Dep ooff Com nw*rwu Soi Hiring Program 200.000 Bastion 108 Loan C•4aararrtee 1.200.000 Lot NET Code 270.OW City of Miami Euildirg DepartmedAlrude Strucssas 395,000 Ptbie Services 1,746,000 one', Deva Wment 3.500.000 Housing D-mbloment— Capital brwows ProleCfS 4804" end "Frarrdvg to be allocated at a later dose ffelllrgh an RFP TOTAL COW FINDING AMOUNT: $15,140AW 6 D*uuimwAPNnndmaY4antrranir➢CaemadyOerelopra49b*GmmlCDOB)Poq=FwamC4o"RdrpraraApwpMoo6aiwoLom siwe;Pm iafr louddW1,770bbCam" RedaA*waAprrAwVast FWfora C, ''TanP"w TRANSFERRING FROM. AIIOUNQ CommunityRe swelopr -tt A�� $471.770 Micro Program IBAAgenWActivity _ At011lQ Camnsldy Rsdavalop wit Agen yl $471.770 Grow Miami Find 1 TOTAL AMOUNT: 11471.770 TOTAL AMOUNT- 1471,770 7. Disaaeicn and proposed rssohrtiorl traraiamirg Community DeMbp ant Elodk Granit (CDEC) Ro9an Funds of 5415 000 from Conmrsily Radnrdopnlsrm AgarcldallC 90 Projsefs and Hoes Invesnrers Partneral (HOME) Program l 1 cf 1646.192 from dw Cermesiy rsM AgermpfHomebryses Pre-queiiaeon Props- 10 Bhs CRA Housing P8a1 Pragw. for {owing needs in the CRA ala as CRO FIN1060 AN1OU� CRAICLUC 90 PROJECTS 1415.000 AILRiiIIQ CRA HOUSING PILOT PROGRAM $415J100" Tobe Aaldadsta iWrolso riraugh an RFP NOME TlNDNG Atm 846, 5192 -10:, AMG!ffi modumfim CRA HOUSING PILOT PROGRAM 5848.192" PRE-OITAL04CA710NS PROGRAM Tobe A~ at a lestrdate 9ro gh an RFP TOTAL CDNG FINDING AMOUNT- 11415,000 TOTAL HOME RRADNG AMOUNiT: $646,192 AMENDMENTS 70 2691 YEAR CDOG PROGRAMS 8. Discussion and proposed resolrrtiorl aadhorizir19 the ha sft of. UIOUSNG DEVELOPMENT CA7EGORY TRANSFERRWQ AMQlaQ TRA il& AIi1QlaLI 21 lousingR veCFund � 1178800 Ra" Hernandez Housing and $178 800 E TOTAL AMOUNT -111711,600 TOTAL AMOUNT: 11176.660 9. Os=madpWmdmsalrlmdxgSt0617001LOOdFadlbr2BD MHOPMRogambdead55200ndualsaadFady4wM ti=H0PwA Proyramfedearaafdd S15.Bt7A00ak9bec AGS LSAMAMIE Development Corporation of South Florida. Inc. S 127500.00 Career d brormafon 8 Orieraation. Inc. 5 127.500.00 City of Miami — Dopabnaa d Caremurily 55.594.050.00 S 127.500.00 S - 95.625.00 F Beach,Inc. 52.141.150.00`V. Ins. S 127500.00 Spmtisk Arnenean Basic Eck on b Rehabilitation. Inc. 53.160.300.00 The Career for positive Cornxtions. Inc. $ 127500.00 F owl, H. Ra/arrat a Advocacy i each Community Decal opinsM Corporation. Inc. $ 200.000.00 Tadalical Aselafarree Apple Tree Paspeclives. Inc. S 100.000.00 PIOjaaaed RL alfal $eidy Maggot Mism Beach Co mwunsy Developmuae Carponatiom Inc. i 150.000.00 No*& Raeiderrtal Caro 0Special 118.825.00 S,118.625.00 CeBwic ChariYes d ffie Arohdiocese d M ism. Inc. - Genesis Program $ 149.287.00 South_ % � • Inc. $ 109.500.00 cawy `^ """� of Commurdty Development $1.500.000.00 Cit' d�Mia - DepiatneM of C-undy Devdopv-d $ 500.000.00 P1098 r Administration (3%) $ 318.000.00 Capital P-~ CardorrrSupport" Fousm WC a 298.492.00 Movers, Inc. $ 450.000.00 nity mera Coporeiton. kr- $ 296.491.00 „7-m CawrrsCa MAW ow AWmad TOTAL NOPWA I911IONUi ANOINT 519,817,00008 10. Discussion and Proposed feaohrlon allocating S3.900.000 of 2911% Year Community Development Block Grant (CDBG) Program pads in the d Eoornorrtic D6wdo rant as blows AlWafth BrDevelopment Authority. Inc. $ 200.000.00 Camecd Low Fur4 kr- S 95.000-0 Department of lid Eau, and Eoorhonmie Daeloprrent S 500.000.00 Dcwraorm 160- Partnership, Inc. S 123.045.00 Jubilee Community Davol -I . Corpcaa, S 123.7118.00 Neigl"Fuors and Naighbas Association. Inc. $ 150.000.00 Renal lisrmnarhdez lkxsirg a Economic D.velopn Corp $ 123.045.00 Small B"siress Opporknity Cantor, Inc. $ 400.000.00 The Ed9ea ser Economic pevaloprrem Corp. Inc. $ 82.054.00 Word of Lila CDC $ 259.518.00 Reserve Fund S 418.554.00 CRY of Iliarrni Program Commercial FaF+de Program $ 7w=.00 TOTAL EOONORNC DEYBOPMWr i3ABOApg,,pg 11. Oisorrsicn and proposed rhaoMton alocMhg $1.519.800 of 291, Vow Community Daelapmani Block Gant( Rogrann herds and $226.200 d program inaerre for a bull of $1.746.000 in the ct egory of Pubic Services as blows lSitl�Y ' Action Ch 250.2 50.00 Commuunity ity;U Action. Inc $$ 0.00 i ood,aMy 20.000.00 Catnoie Charities d to Amhdi-sn d A"irni. IncJ Catro AAata Chldcwo Carder $ 27.732.00 Catholic Charities of the Archdiocese d Muni. Incl $11.350.00 Centro I hgpW Calotiro Chid cafe Services Catholic Charities of the Archdiocese of Miami. IncJ $ 28.107.00 Sagade Fannie Chid Cafe Center Coconut Grove Cares. Inc. $ 20.000.00 De noel,- Serhior Carrier, Inc. $112.419.00 Fame Aywyen Ne Mlyami, Inc. $ 50.0110.00 1 Aly Fro Yoe a Up, ft. $ 50.000.00 LOW Dana Company. Inc. 00 $ 35,0.00 Pomace Lkftp t Yens Chiban's Tag Touring Dana CarhperrY. Inc. $ 80.000.00 A It" Aweveress a Cultural Fmxh tm Inc. $ 50MI.00 KIOCO Child Card. Ire Lions lkhme for on Band, hs. $ 20 0WAO 1.111:190 W - Friands of to Elderly, Inc. $2 X I I I A uWs Havers AdYh tin a Nakition Centers of Dade Corxiy. Inc. S 87A90 Regis H. Inc. ouse Southwest Boom Services Puograe Inc. $137.000.00 St. Allan's Dy Nursery. kno. $ 58.73300 Association for F lExceptionel' Inc $25.000.00 TThe Liberty City optlrr dtcw 550,0000.00 The Non-vaNna The YounCocong Men's Christian Association d Greater Miens. (Florida) $15,000-00 Theodore RI- ' Gilson Memorial Furl. Inc. $ 5.000.00 lJrhiud Narita American Artists. Inc. $ 50.000-0 Dick, 5 plenty Reserve $ 83.980.00 TOTAL PUBLIC IBINCE FUNDING AMOUNT $11174111410111,00 12. Discussion and Itu , g , - Ig 5804.500 d 29th Year Convmx iy Development Block Grant (C08G) Progress finds for Capital nwpnement in to 29th Promgraas fiiows: Ago= KIDCO Child Cali. Inc. $1110.000.00 CAT d Muni Capiel h gxovaent Prajsets $704.500.00 TOTAL CAPITAL ■WWANO EUr FLVGN i AMOUNT: $1011.111" 13. Discussion and proposed resolution gra-ah an aaft of time. from December 14.2002 to December 311.2004. b SAME DevelagMnt Corporation d South Ftorda Inc. (RAMIE). in ooraeclan with to co ebuckm ad saled fisty (40) new aimge hammy,- bar qua 1 low OW modarae•ihoome firrhilea plated on certain formerly city-ow nhed parcels at Northwest Mh and 8th St'sau h de . NoNeseat 50 and 8th Avsnws. Merrhi. Florida n to Oratown raighhbodeod: and rNeaa W ohlgatiors d an 1110 City d to SM*M M OvabmVerk Vilest Community pi w Ageprolncy(CRA) for to provision d marke0rg for the Now Hope Overbwn 0 b sig Pralect Imoldig SAME solely fordevelotirg the respombis14. Discussion and proposed resoluta authorizing a grant in an anent not to s teed $100.000. to Neighbors and Neghboms Amacalm (NANA) to assist twenty smell b sinesses; a1loca0rmg finds from an account to be -d ORed by the Cly Hangar Interested rl*Aduals am ereouvged to all ad this Rmbie Hewing. The rmmw* oils is eooseenls to thhe lhwhdicapped. •th (Ad Ib. 11589) - -st dnoa aq3 utoig ainmao J 4 - v.. / far , . -