HomeMy WebLinkAboutR-99-0806J-99-906
10/21/99
F
RESOLUTION NO. 9 9— 8 0 6
A RESOLUTION, WITH ATTACHMENT(S), OF THE
MIAMI CITY COMMISSION APPROVING THE CITY OF
MIAMI'S REVISED ADMINISTRATIVE PLAN IN
CONNECTION WITH THE IMPLEMENTATION AND
ADMINISTRATION OF ITS SECTION 8 MODERATE
REHABILITATION PROGRAM AND SECTION 8 MODERATE
REHABILITATION VOUCHER REPLACEMENT PROGRAM;
AUTHORIZING THE CITY MANAGER TO SUBMIT THE
ATTACHED ADMINISTRATIVE PLAN, ATTACHED HERETO
AND MADE A PART HEREOF, FOR REVIEW AND
APPROVAL BY THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, AND TO EXECUTE ANY AND
ALL DOCUMENTS AND AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO CARRY OUT
THE TERMS AND CONDITIONS OF THE
AFOREMENTIONED PROGRAMS.
WHEREAS, Section 8 of the United States Housing Act of 1937,
as amended, established the Moderate Rehabilitation Housing
Program to upgrade substandard housing and provide rental
subsidies for low income families and individuals; and
WHEREAS, in recognition of the City of Miami's ("CITY"
severe shortage of housing affordable to low income families and
individuals, in 1987, the U.S. Department of Housing and Urban
Development approved the CITY's application for funding under the
Section 8 Moderate Rehabilitation Housing Program, and
reserved $2,242,752 in Annual Contributions from the Department
IATTACHr4lEN7
Ca61TA.IbiE0
My COIOSSIQI?
MEETING OF
0 C T 2 9 1999
hesolution No.
00 c.l j
of Housing and Urban Development ("U.S. HUD") to implement the
Program; and
WHEREAS, in April of 1987, through Resolution No. 87-320,
the City Commission authorized the City Manager to accept the
aforementioned funding and to execute all the necessary documents
in order to implement the Program; and
WHEREAS, in September of 1998, through Resolution No 88-840,
the City Commission further authorized the City Manager to accept
an additional $567,000 in Annual Contributions from U.S. HUD for
the implementation of the Section 8 Moderate Rehabilitation
Program; and
WHEREAS, the CITY was awarded approximately $33,000,000 in
funding under the Section 8 Moderate Rehabilitation Program from
the U.S. HUD to provide rental assistance payments to property
owner over a fifteen (15) year period for the provision of
affordable housing to low income residents in the CITY; and
WHEREAS, through the program, rental assistance payments are
being provided to assist four hundred twenty (420) low and
moderate families and individuals in the neighborhoods of Model
City (140 units), Little Havana (214 units), and Overtown
(66 units); and
WHEREAS, from time to time, there are a number of statutory
and regulatory modifications to the 24 Code of. Federal
Regulations (CFR) and guidelines which govern the various
V,JTq��
Section 8 programs; and
WHEREAS, the CITY's Administrative Plan for the Section 8
Moderate Rehabilitation Program is outdated and needs to be
revised to incorporate any new applicable Federal Regulations and
guidelines; and
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, which in effect completed the
merger of the Section 8 tenant -based Certificate and Voucher
Programs, into a New Housing Choice Voucher Program; and
WHEREAS, in order to insure the CITY's continued
participation in the Section 8 Moderate Rehabilitation Program
and the establishment of a Section 8 Moderate Rehab Voucher
Replacement Program, modifications to the CITY's Section 8
Administrative Plan is required, in addition to approval from the
City Commission and U.S. HUD;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City of Miami's ("CITY") revised
Administrative Plan in connection with the implementation and
administration of the City's Section 8 Moderate Rehabilitation
and Section 8 Moderate Rehabilitation Voucher Replacement Program
is hereby approved.
Section 3. The City Manager is hereby authorized to
submit the attached revised Administrative Plan for .review and
approval by the U.S. Department of Housing and Urban Development.
Section 4. The City Manager is hereby authorized!' to
execute any and all documents and agreements, in a form
acceptable to the City Attorney, in order to implement and
administer the Section 8 Moderate Rehabilitation and Section 8
Moderate Rehabilitation Voucher Replacement Programs.
Section 5. This Resolution shall become effective
�i 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.
- 4 - 09- U06
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 26th day of O_toh_r , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place prDvided, ssiid legislaivrc now
becomes effective with the elapse of ten (10) day om trig date of Co sicn acticn
regarding same, without the Mayor rci ' eto.
ATTEST: W liar oeman, City Clerk
WALTER J. FOEMAN
CITY CLER
APPR D T FO
r3878:RCL
RO VILAR LO
TORNEY
SS:t'
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten 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.
City of Miami
Department of Community Development
Housing Division
SECTION 8
ADMINISTRATIVE
PLAN
Rev. Oct. 1999
Qj 09— 806
Cuty of Aliami, Dept. of Coy �, ��, `: Section 8 Administrative Plan
�" Table of Contents'
SECTION I. INTRODUCTIONc....................................................................................I
1. Mission Statement:
2. Purpose of Policy_..................................................................................................1
3. Primary Responsibilities of DCD:........................................................................1
4. Q!j ctives:..............................................................................................................2
5. Outreach:
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: ......................................
2. Equal Opportunity Housing Plan: ........................ ................................3
.............
3. Equal Opportunity Posting Requirements:..........................................................4
........................................................4
SECTION III. PRIVACY RIGHTS.. ...,,,,,,,,,,,,,,,,,e•.,,,..0....5
.............................
SECTION IV. DEFINITION OF TERMS ....................................
1. Absorption: ..................................
2. Adjusted Income ...............................
3. Administrative Fee: ..............................................6
......................
4. Administrative Fee Reserve:
5. Administrative Plan:
6. Admission: ..............................................6
...........................
7. Adult: ................................................7
...................
S. Amortization Payment: .............
9. Annual Contributions Contract (ACC): ..............................................................7
10. Annual Income:...............................................................................
11. Applicant................................................................................................................9
12. Budget Authority :..................................
13. Certificate: ....
.............................................................
14. Certificate or Voucher Holder: ................................. .......................9
15. Certificate Program• —............................................9
........................................................ ..............9
16. Child..................•....................................
......................................................................
17. Child Care Expenses: """""""""'9
18. Child Custody:... .........................................................
19. citizen: ................... 6....................
20. Common Space: ................................10
21. Cong10
regate Housin
g:.......................................................................................10
22. Contiguous Metropolitan Statistical Area MSA....................................10
23. Continuously Assisted•.........................................6.............
""•••••••••••••••••••••••••••••10
24. Contract Authority:
25. Cooperative Housing (Term includes mutual housing)•
10
26. Dependent:..................................................................10
............................................................................10
Rev. Oct, 1999
Page i
0J-- 806
Cute of Miami, Dept. of Cortu'; Section 8 Administratiie Plan
Table of Contents
27. Department of Community Development DCD) ............................................10
28. Disabled Person: .................
29. Displaced Family: ................................................................................................. 10
30. Domicile: ............................................................................................................... 10
31. Drug -Related Criminal Activi:........................................................................10
32. Elderly Family:
33. Elderly Person:
34. Evidence of Citizenship or Eligible Immigration Status..................................11
35. _Exception Rent:
36. Fair Market Rent MR): ........•......•,
37. Familial Status.................................................•........................•...........................11
38. FamiI............................�....).....................................................
39. Family Self -Sufficiency SS Program: ............................................................12
40. Family Share: ....................................................................................12
41. Family Unit Size: ............................................................12
42. MR/Exception Rent Limit: ................................................... .................13
43. Foster Children: ........................................................................•....................13
44. FuII-Time Student: .......................................13
........................................................
45. Funding Increment: ..................................................13
46. Gross Rent: .....................................................................................................13
47. Group Home: ..............13
48. Handicapped Assistance Expense:
49. -.............................................................13
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 uality Standards(HQS):...................................................•...............15
57. HUD - Housing & Urban DeveIopment•.....................................................6......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: ....................................
64. Initial Payment Standard: .................................................
65. Initial Rent to Owner:.,. ...................."""""•'•••••••••••••••••19
............................................................
66. Interim Re -determination of Rent: ......•••••19
67. INS ...............................................
68.Jurisdiction: .................... .....,.....
19
69. Lease: ...............................................................................
70. Lease Addendum: ....................
71. Live-in-Aide.................................................................................
Rev Oct. 1999
Page ii
Cuty+ of Miami, Dept. ofCon b ; ev. x'y' Section 8 Administrative Platt
Table or Contents
72. Low -Income Family:.............................................................................................20
73. Manufactured Homes: .......................................................................................20
74. Manufactured Home Space: ............................................................................... 20
75. Medical Expense: ................................................................................................. 20
76. _Military Service: ...................................... 6 ............................................................ 20
77. Minimum Rent: .................................................................................................... 20
78. Minimum Rent Hardship Exemptions..............................................................20
79. Minor: ................................................................................................................... 21
80. Mixed Family........................................................................................................21
81. Monthly Adjusted 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 1f OFA):..........................................................22
88. Over-FMR Tenancy: .......................... $ ................................................................ 22
89. Owner: .................................................................................................................. 22
90. Participant: .. .........................................................................................................22
......................
91. Payment 5tandard•. ........................................................................22
92. Portability: .........................................................................................................22
93. Preference:................................. ............................................................ ............... 23
94. Premises: .............................................................................................................23
95. Private Space:.....................................................................................................23
96. Program: ............................................................................................................... 23
97. Project Based: ......... o ............................................................................................. 23
98. Pro.iect Based Certificate Program: ................................................................... 23
99. Reasonable Rent:•................................................................................................23
100. Receiving PHA: .................................................................................................... 23
101. Re -certification: ......... o .......................................................................................... 23
102. Re-examination Date:............................................ .............................................. 23
103. Regular Tenancy : .............................................. ...................................................23
104. Remaining Member of the Tenant Family: ............................................... o ....... 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. Sp ouse:..................................................................................................................24
114. Subsidy Standards:........................... ................................................................... 24
115. Suspension: ................................. o ......................................................................... 24
116. Temporarily Absent Family Members: ............................................................. 25
Rev. Oct. 1999 Page iii
Cuff of Miami, Dept of Com' t". -.
x?
Section 8 Adminislratipe plan
— Table of Contents ,> '
117. Tenant:
, ...............................................................................................................25
Te�t-Based:......................................................................................................25
119118.
. Tenant Rent ....................
........:..............................
120.
T
Tota nant Pa yment I'P)
.................. ............................. 25
121.............................................................................2
Utilities• 5
...................................................................................e..............................26
122. Utility
Allowance_..........
123........................................................................................26
Utility Hook-Un Charge:.....
124. U .1.................................................................................26
ty Reimbursement Payment
125.
Very Low -Income Eimil .
............................................................26
126. V..................................................................................26
Violent Criminal Activity:.•......
127. Voter:...................................................................................26
........................................................................................................26
128. Wage
Earner• .
129. Waiting
List Admission:
....26
..................•..............................,.....................
130. Welfare Assistance..........
..'......'••••••••°••••••••••••••••...26
SECTION V.
APPLYING FOIL ASSISTANCE
1. How to A .............•...................................27
nply. ........
2.
C'Osing of Application Ta 'ng...........................
3.
....................... .................27
...............
p
_ enmg of Application Ta
....................... .........................27
SECTION VI.
.....................27
MISSED APPOINTMENTS FOR
PARTICIPANT...
APPLICANT OR
1. Miss— e—d A2 ......... tir, . ....................... ...................28
pomtment Without Notification ........ ........................
2. Process when A ...............................................28
ointments
3. Letters are Missed:
Mailed to
........................................................
A licants bDCD:
29
..............................................................29
SECTION VIL
MISREPRESENTATION BY
THE APPLICANT OR PARTICIPANT
.................................................
SECTION VIII.
••••••••••••••••••29
SECTION 8 ELIGIBILITY
CRITERIA ......................
1• Eligibili :.......................... .....................,...29
29
2. fuel igible• .........................................................
.
3. Info mer d of Ineli 'bih
................................
.........................................................
Single Per............................................................
........30
DelarationC
...........son4.
305•
..............................azenshi
•
AddinPersonto the Pro.
.............30...............................�� """""'.................................306.
am...................................................................•...30
SECTION IX
VERIFICATION AND DOCUMENTATION
................
1• Social Secur' Number ••••••••••••••••••....31
2. (SSN):......................................
1, lo
_�Yer Identification Number
3. Additional Documentation....,...(EIN)............................................ •
........""""•••••••••••••••••••••31
4. Separation with ..............................................................
— Children
.................32
•••••••..32
.................
5. Separation - No Children•......................................................
6. — .............................
.............33
U. S. Citizenshi p Verification and .............................................
7• Appeal Procedures. •••••"••34
Criminal Records Mana e mentPolk .............................................................35
• ................. ....34
.......°......
Rev. Oct. 1999
Page iv
-- C)06
Cuty of Miami, Dept. of Coin Section 8 Administrative Plan
Table of Contents w`
SECTION X. GROUNDS FOR DENIAL OR TERMINATION OF
ASSISTANCE..........................................................................................36
1. Denied Admission: ............................................................................................... 36
2. Notification of Denial: ..................................................... 6 .................................... 38
3. Time Frames for Denial: ......................... 6 ........................................................... 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. Briefing...............................................................................................
2. Briefing Attendance Requirement: .........................................45
...........................
3. Format of the Briefin:..................................................
..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:
SECTION XV. OWNER RESPONSIBILITY FOR SCREENING TENANTS ........... 49
1. Suitability for Tenancy: .......................................................................................49
Rev Oct. 1999
Page v
09 606
Crary of Aflami, Dept. of Com; l Section 8 Administrative Plan
Table of Contents C,
2. Family's Background: ......................................................................................... 49
3. Information Provided Owner Concerning Tenancy:.......................................49
SECTION XVI. WHERE A FA 11LY 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. Portability - Administration by the Initial PHA Outside the Initial PHA's
Jurisdiction: .......................................................................................................... 50
7. Portability - Administration by Receiving PHA: .............................................. 51
S. Portability Procedures: ....................................................................................... 51
9. Absorption by the Receiving PHA: .................................................................... 51
10. Portability Billing:............................................................................
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. HQS Inspection Areas: ........................................................................................ 55
2. Types of HQS 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 TemporaEy 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 vi
CutyI Of Miami, Dept. of 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 =V. FAIR MARKET RENT (FMR), PAYMENT STANDARD FOR -
VOUCHERS AND RENT REASONABLENESS LIMITATION ...... 63
1. Three Types of Tenancy in the Section 8 Tenant -based Prouams:...............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
housinLy assistance payment) .................................... ..,..........65
A. Use of payment standard ............................................... ........65
B. Voucher program: .............................................65
......................................
C. Over-FMR tenancy: ............................................
D. Payment standard for family .............................
6. Over-FMR Tenancy: DCD Approval
— pproval.................................................................67
A. DCD discretion to approve .........................................
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 ..................
B. Reasonable rent........................................................69
C. Term of special adjustment ......................... ......69
Rev. Oct. 1999
Page vii
�:9 -- 806
Cute of Miami, beet. of ComPz _? Section 8 Administrative Plan
v 'able of Contents '_'
11. Rent to Owner: (Effect of rent control).............................................................69
12. Rent to Owner: (In subsidized proiects)............................................................69
A. Subsidized rent.........................................................................................69
B. HOME......................................................................................................70
C. Other subsidy: .......................................................................................... 70
13. Other Fees and Charges......................................................................................70
14. Distribution of Housing Assistance Payment....................................................70
IS. Family Share: (Family responsibility)..............................................................70
16. Family Income and Composition• (Regular and interim examinations) . ....... 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 ......................................
17. Utility Allowance Schedule..............................................................................71
A. Maintaining schedule...............................................................................71
B. How allowances are determined.
C. Revisions of utility allowance schedule .................................................72
D. Use of utility allowance schedule............................................................73
E. Higher utility allowance as reasonable accommodation for aperson
withdisabilities.........................................................................................73
SECTION XXV. AFFORDABILITY ADJUSTMENTS AND RENT PROVISIONS -
VOUCHERSONLY...............................................................................73
1. Annual Increases of Payment Standards...........................................................73
2. Rent Negotiation ..................................... ...............73
3. Rent Increase: ................................................................ o ...................................... 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:....
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•.
Rev. Oct. 1999
tt�' Page�v7iii [�
0J�' OW
Caty of Miami, Dept. of Conull? Section 8 Administratn�e Plan
Table of Contents
2. Section 8 Program Manager: ............................................ 6 ................................. 76
3. Housing Inspection Supervisor: ................... 6 ...................................................... 76
4. Fiscal Administrator: ........................................................................................... 76
4. _Housing Specialist:.............................................................................6......6.........76
5. Housing Inspector: ........................................................... 6 ................................... 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...................................7 7
1. Eligible FSS Participants: .................................................. ................................ 77
2. Termination of FSS: ............... 6 .......................... 6 ............................. 6 ................... 77
3. Reduction of Required FSS Program................................................................78
SECTION XXXIV. CLOSING OF FILES AND/ PURGING INACTIVE FILES..............78
Rev. Oct. 1999 Page ix
City of Miami, Dept. of Con�N-; ev.
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
conflict with this policy. in
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 the
Housing Quality Standards; ) meet or exceed Section 8
' Approving leases;
Revised Oct. 1999
Page 1
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City of Miami, Dept. of Co ! ev.
57 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;
4. Pbl,__ ectives: The objectives of this plan are to:
A• Promote the overall goal of decent, safe and sanitary
ousing by using the
8 program to house eligible families in Private h rental housing; therefo el,
increasing the housing stock for very low-income families.
B. Improve the City's housing stock by requiring
Section 8 Housing Quality Standards for their rents property.l ating landlords to meet
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.
F.
Revised Oct. 1999
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
DCD's assistance is based on the Section 8 Moderate Rehabilitation Program
established in the United States Act of 1937. This pro Projects and locations: gram includes the following
Project
Indian River Investments
Little Havana Limited
Address
149 NW 11 th Street
1232 NW 1 st Place
1201 NW 2°d Street
520 SW 14th Avenue
1414 SW 5th Street
1036 SW 7th Street
862 SW 6 h Street
104 SW 20th Avenue
142 SW 17`h Avenue
No. of Units
24
33
9
18
24
20
18
16
6
Page 2
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City of Miami, Dept. of Comev.
( Section
8 Administrative Plan
2177 SW 23rd Avenue
18
150 SW 17'' Avenue
12
2244 SW 9 h Street
12
1920 SW 2"1 Street
24
1629 SW 13a' Street
18
1128 NW 6 h Street
20
Don Juan Apartments
985 SW 5 h Street
g
Miami Limited
1270 NW 60" Street
18
1501 NW 59t' Street
18
1370 NW 6 1 " Street
36
1320 NW 61" Street
48
1321 NW 61" Street
20
5. Outreach:
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 fiurther its commitment to full
Revised Oct. 1999
Page 3
�- 806
2.
City of Miami, Dept. of Con;'ev.
.,.
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.
Equal Opportunity Housing Plan: 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 partl );
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.
EgDportunity 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
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City of Miami, Dept. of Coni ev.
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.
1.
2.
Absorption: In portability, the point at which a receiving PHA stops billing the initial
PHA for assistance on behalf of a portability family.
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
9 80(i
City of Miami, Dept. of Corgi � ev,
L�
Section 8 Administrative Plan
Handicapped Assistance computed in accordance vith 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 nn
Income, but this allowance may not exceed the employmentore received edual 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 child care providers. The
results are posted in the PHA office(s).
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.
3. 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 b 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.
S• Administrative P. 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 dayof initial
lease term) in a tenant -based program. This is the point when the family becomes a
Revised Oct. 1999
Page 6
ZjJ-- 806
f
City of Miami, Dept. of Co�� 1ev.
participant in the program.
Section 8 Administrative Plan
7. Adult: An adult is:
" 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 Payment: 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 allowar=� t for depreciation of capital assets shall not be deducted to
determine the r,;i 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
0 �� CS
City of Miami, Dept. of co ', �`;- 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) 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 k'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).
Dote:
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
09- 806
City of Miami, Dept. of coml v.
v,N�gi+
ection S 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• }3udet 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
years of age. is under 18
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 g the period
which Annual Income is computed, but only where such are ageisnecessary to enableoa
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
tj- b(jb
City of Miami, Dept. of con
Section 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 • Cor ate Housing: Housing for elderly persons or persons with disabilities that meets
the HQS for congregate housing.
22. Contiguous Metropolitan Statistical Area
lity, an Mat shares
common boundary with the MSA in which the jurisdiction oflthe initial PHAtis located. a -
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 an PHA for a funding
g
25. Cooperative Housing (Term includes mutual housin 1:
g owned by a non-profit
corporation or association, and where a member of the corporation on 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 Commun;ry nA.,e
Authority. Body that admnusters the Policies established in this Administrat iamis Housing
rye Plan.
28. Disabled P_erson. (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. Do_ m_ icile.. 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. Ding -trafficking, which is: The illegal manufacture, sale or distribution, or the
Possession with intent to manufacture, sell or distribute, of a controlled substance
Revised Oct. 1999
Page 10
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City of Miami, Dept. of Co t; ev. psA' ection 8 Administrative Plan
(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 I I 6
City of Miami, Dept. of Coev.
Section 8 Administrative Plan
14,.,
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. 101); and
G. A single person who is not elderly or displaced person, or a person with
disabilities, or the remaining member of a tenant family.
Note:
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.
41. Family Unit Size: The appropriate number of bedrooms fora family. Family unit size is
Revised Oct. 1999
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W c Section 8 Administrative Plan
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
ouse
who is carrying a subject load which is considered full-time foroday studentshouseholdounder 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. Verification will be supplied by the attended educational institution.
45. Fundin4 Increment• Each commitment of budget authority by HUD to a PHA under the
consolidated ACC for the PHA program.
46. Gros
Rent. The sum of the rent to owner plus any utility allowance.
47 GKo H e• A dwelling unit that is licensed by a State as a group
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
impairment which. A person having a physical or mental
A. Is expected to be of long -continued and indefinite duration,
Revised Oct. 1999
Page 13
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City of Miami, Dept. of Corev.
Section 8 Administrative Plan
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
Act (42 USC 6001(7)), or is handicapped as defined below: Assistance and Bill of Rights
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(I)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 Pay• 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;
B. Has a primary nighttime residence that is:
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(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 Payment (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 &z 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:
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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 Iosses.
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 b
s or
volunteers in programs pursuant to the Domestic Volunteers Service Actpoft1973
[42 USC 5044(g), 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: Pa
der the Alaska
Native Claims Settlement Act [43 U.S.C.- 1626(a)]t or reparattions received npayments made
by foreign governments in connection with the Holocaust.
N. Sub marginal Land Income: Income derived from certain sub marginal land of the
United States that is held in trust for certain Indian tribes [25 U.S.C. 459(e)].
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0. 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. 1 I7(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 Iocal 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.
X. Adoption Assistance Payments: Income payments received for the care of adopted
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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.
Management Staff: this exclusion exempts compensation
BB. Compensation from state or local Job Training Programs and Training of Resident
received from
qualifying employment training programs and the trainin management staff. To qualify under this exclusion, the compensation eceg of v d
nt
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
rogram d the duration of
participation must be for a limited period determined pin 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 securit
benefits that are received in a lump sum payment. y
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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.
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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:
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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.
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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. lvet_ 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
FMRJexception 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
jurisdiction of the initial PHA.
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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. Pro rain: The tenant -based certificate or voucher program.
97. Proiect Based• Rental assistance that is attached to t4e 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 PHA: In portability, a PHA that receives a family selected for participation in
the tenant -based program of another PHA. The receiving PHA. issues a 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
verification and hearing process. This person must, upon satisfactory completion of the
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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. Residencv 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. Residencv Preference Area: The specified area where families must reside to qualify for a
residency preference.
108. S ! 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.
l 11. Single Room Occupant (SRO): 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. Souse: 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 e appropriate number
th
of bedrooms and amount of subsidy for families of different sizes and composition.
115. Susp� e`n. 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
XIII.3, E, (1).
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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
standard
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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 FamilL. 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,
that are made under programs funded, separately or jointly, by Federal,
governments.
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SECTION V. APPLY'ING 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:
1 • City of Miami Riverside Center,
444 SW 2"d Ave., 2°d floor
and Miami, FL 33131
2. City of Miami Allapattah Center
1313 NW 36t' St., 2°d 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
hours posted at DCD's Office. and business
F. The application will be dated, time -stamped, and referred to DCD's office where
Section 8 applications are processed.
2• Closing of Application Taking If DCD is talon applications,
taking of applications if the waiting list is such that additional applicants would may enot be
able to be housed within the next 12 month period.
;• Opening of Application Taking When DCD decides to start taking applications
following procedures will be followed: pp ns the
The opening of the waiting list will be advertised in at least the followi
The Miami Herald, the largest paper of daily circulation; Miami owing newspapers:
largest
Times, the
African -American oriented paper; and El Nuevo Herald; the largest Spanish lanue
Paper in the area. The Notice will contain the following: g g
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 offices •
c ),
Revised Oct. 1999
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City of Miami, Dept. of co ��v,
r 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:
SECTION VI.
• Notices to churches and other places of worship
® Notices to agencies that assist the elderly
Public service announcements on radio or television
Notices to an
y governmental agencies designed to assist the low-income
•
community
Any other methods deemed appropriate to increase the scope of the outreach
for eligible applicants
MISSED APPOINTMENTS FOR APPLICANT OR PARTICIPANT
whoMissed Appointment Without Notification: An applicant or person receiving assistance
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
reasonable times and after reasonable notice, if applicable) in the following situations:
unit at
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
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City of Miami, Dept. of CorieV
Plan
I. Scheduled CounsQling 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 noti-fy 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
1. 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
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City of Miami, Dept. of Conr7.- ; ev.
(P 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.
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City of Miami, Dept. of Cony{ x ev. ,)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:
1. 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
listedbelow 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
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City of Miami, Dept. of Con�.: v.
O1,11Section 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.
4
3.
Employer Identification Number (EIN) and applicable consent form.
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 of 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
S, 9 - IS 0 6
City of Miami, Dept. of Co R 4 ,' ev.
h< 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
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City of Miami, Dept. of Co
Section 8 Administrative Plan
5•aration - 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
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City of ]Miami, Dept. of Corgi ev.
D
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 fancily 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 Manage nent 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
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City of Miami, Dept. of Co iN..„ v.
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
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City of Miami, Dept. of CorK,,7 eV.
}: :; ection 8 Administrative Plan
44 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
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City of Miami, Dept. of Co t : V.
r7,00--- 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
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City of Miami, Dept, of Cone #' ev.
SECTION XI.
1.
011-11 Section 8
Administrative Plan
APPLICANT DENIED ASSISTANCE AND PRVIDED
OPPORTUNITY FOR INFORMAL REVIEW OR PARTIC ANT
ASSISTANCE IS TERMINATED
OPPORTUNITY FOR INFORMAL, HEARING AND PROVIDED
ATplicant Infornal____ �eV1e�,�,; DCD must give an applicant for participation Prompt notice
of a decision denying assistance to the applicant. The notice mu p once
statement of the reasons for DCD decision, must contain a brief
may request an informal review of the decision nand must mustdescribethow tto a applicant
informal review. The request must be in writing and presented to DCD win bean the
of the notice of denial. days
A• Informal Review Process: DCD must give an applicant an opportunity for
informal review of DCD decision denying assistance to the applicant. an
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
objections to DCD decision. DCD must notify the applicant of the f al decision
after the informal review. This notice must include a brief statement of the
reasons for the final decision.
D• Informal Review Not Re wired:
n the ol
An informal review is not required to be given
by DCD iflowing 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
certificate or voucher term. a
(5) A determination not to grant approval to lease a unit under the program,
to approve a proposed lease. bn , or
(6) A determination that a unit selected by the applicant is not in comp,ian
With HQS.ce
(7) A determination that the unit is not in accordance with HQS because
the family size or composition. of
2. Participant Informal Hearin: DCD must give an Opportunity to the
informal hearing to consider whether DCD aredecisions relating to the
circumstances of a participant for an
and DCD policies. Under the participant
owiing circumstances:in accordance
ccoaCe with
the law, Individual
HUD regulations,
A determination of the faniilY '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
DCD utility allowance schedule. from
A determination of the famil
■ Y unit size under DCD subsidy standards.
A determination that the certificate program family is residing in a unit wit
h a
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City of Miami, beet. of Conf§t: V.
� k� „,. 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.
E. Notice to the Fancily: 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
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the hearing in accordance with DCD hearing procedures. DCD and the
participant shall each have the right to review any and all relevant documents
which may 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 XH. SECTION 8 APPLICANT SELECTION PROCESS
I . 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
Organization of the Waiting List: DCD waiting list must contain the following
information for each applicant listed:
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City of Miami, beet. of Com �k -BEY• V. F Section 8 Administrative Plan
A. Applicant name;
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 Waitin 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:
l . 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
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City of Miami, Dept. of Comv,
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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. All other additions to the
family shall be considered on a case -by -case basis and must be documented at the
time such change occurs. The final determination shall be made at the discretion
of DCD. DCD will accept other changes to the family listing if the applicant can
Provide documentation showing that adult, unrelated
have resided together for at least one year as evide
nce
a of oed f stable familamily ial
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.
m the
be notified by DCD, in writing, that they'Name
ha eeten o(10) calendar days, the date OThe f 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(s). If an applicant's failure
to respond to a request from DCD for information or updates was caused b the
Y
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City of Miami, Dept. of Co ev.
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applicant's 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
1. 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.
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4
e• 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 EO-6). Opportunity Compliant form (HUD 903) and "Fair Housing U.S.A." (HUD 63-
5. Addendum to Lease.
6. Information regarding procedures for requesting and conducting an informal hearin .
7. Declaration of Citizenship, g
�. 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 Briefin : When a Family is initially receives its Certificate of
Fly 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 o 0
questions and to discuss the information listed below: ' rtu ity
( to raise
Reference 24 CFR
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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 a 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
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Section 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
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.
(4) How DCD determines the maximum rent for an assisted unit;
(5) 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.
(6) 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;
(7) The HUD -required "lease addendum" (The lease addendum is the
language that must be included in the lease).
(8) The form of request for lease approval, and an explanation of how
to request DOD's approval to lease a unit;
(9) A statement of DCD policy on providing information about a
family to prospective owners (See Section XV. 3 below);
(10) DCD subsidy standards, including when DCD will consider
granting exceptions to the standards;
(11) The HUD brochure on how to select a unit;
(12) The HUD lead -based paint (LBP) brochure;
(13) Information on federal, state and local equal opportunity laws, and
a copy of the housing discrimination complaint form;
(14) 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;
(15) 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
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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 Dox menu
and 982 305. w Reference: 24 CFR 982.302
When a family finds a unit, and the owner is willing to lease the unit tinder 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,
fie, 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 HousingAct or other federal equal opportunityg
requirements and the action is pending; or q
B. A court or administrative agency has determined that the owner violated the Fai
Housing Act or other federal equal opportunity requirements. r
2. DCD Administrative Discretion: DCD will deny approval to lease a unit from
for any one of the following: an owner
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Section 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. Faf , 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 ConcerningTenancy: 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
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City of Miami, Dept. of Cam £ ! V. ; 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;
H. 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.
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.
13. 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.
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City of ARiatni, Dept. of cor;f ev.
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B. If the above conditions exist, the family retrains 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 DCD's jurisdiction.
7. Portability - Administration by Receiving PHA:
A. When a family moves under portability to an area outside DOD'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.
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
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<"*Nection 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
or more than 14 consecutive calendars days, the Head of Householdanticipates being absent f
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 notifyDCD 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, g
2. - Interest of Family Members. The interest of minor children or of ill, elderly or disabled
family members.
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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 v%rithout 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 rill 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:
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.
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3. Ph sical Violence: Whether family members are force
actual or threatened physical violence against family
member of the household.
qi�. Section 8 Administrative Plan
d
to leave the unit as a result or
members by a spouse or other
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:
Sep
Standard Chart
Number of Persons
In determining family unit size for a particular family, the DCD may grant an exception to the
above subsidy standard if the BCD 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.
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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 Pro ram
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 6y 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 the y wer
caused during the period of occupancy by the Family. 3 e
DCD will perform HQS inspections for 100 % of the City's Section 8 Housing Inventory. Th
Inspections Unit will be able to perform follow up and emergency inspections as needed. More
importantly, the Inspections Unit will: e
Establish an annual schedule of inspections
inspections for the City's Section 8
to effectively complete HQS required
LQ.
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 -
certification. p re
Re -inspections will be conducted more frequently at the landlord's or resident's request
initiated by DCD depending in the history of the results of the inspections for the individual
or
al
units. ividual
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ection 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 Program
When DCD receives a Request for Lease approval, DCD shall inspect the unit for compliance
With DOD'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 donne
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 yeone
ars, ��th
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 indefinite)
and, if applicable, the Owner's certification of the treatment. The inspection reports wills eci y
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,
it
that do not cause the unit to fail, in the event of a subsequent claim by the Owner that the were
caused during the period of occupancy by the Family. y
SECTION XXI. INSPECTION STANDARDS
Before a unit can be approved of Occupancy
performance requirements set forth in 24 CFR 982.40 1,Swhi h areection 8 pthe Housing unit
ali must meet the
(HQS)' g Quality Standards
I• HQS Inspection Art�as: 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.
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a.
2. T Y es of HQS Inspections,
A. Initial Inspections: Performed by DCD's housing inspectors after receiving the
Request for Lease Approval from the applicant.
13. 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. 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. 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 appli
cannot schedule the inspection prior to recable. If DCD
-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
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.
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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 eamer that is 18 years of age; or determining eligibility or at reexamination. to correct errors made when
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 higher
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
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<74{ , 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.
1. 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.
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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.
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(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. SS ecial 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.
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
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ection 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. Noncompliance with economic self-sufficiency program or;
B. Work activities requirements or;
C. Because of fraud.
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
I • Utilitv Allowances At least annually, DCD shall determine whether there has been a
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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.
$• 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 Payment fH
to an owner on behalf of a family `RIPavments: Monthly payments will be made
y 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.
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SECTION XXIV. FAIR MARKET RENT (FMR), PAYMENT STANDARD FOR
VOUCHERS AND RENT REASONABLENESS LIMITATION
1 • Three Tvnes of Tenancy in the Section 8 Tenant -based Pro rams: 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.
K
3.
4.
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.
Neotiatin 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.
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.
Maximum Subsidy: FMR/Exception Rent Limit.
A. Pu ose.
(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
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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. Determininq 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 40'h 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 wiless 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
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ection 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.
Voucher Tenancv 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.
E. 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
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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
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(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.
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 so that 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.
Re ular 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
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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 Iimit 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 adiustment 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) 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.
unit must not be increased at the annual anniversary date unless: (4) Notwithstanding paragraph (b)(1) of this section, the rent to osVmer for a
(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
CD) 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.
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10. Regular Tenancy: (Special adjustment of rent to owner)
QSection 8 Administrative plan
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;
(e) 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.
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.
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).
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0Section 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.
Other Fees and Char es.
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 i calculation of reasonable rent. n the
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.
Distribution of Hous. Assistance Payment.
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.
Family Share• fFamily 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.
A. DCD responsibility for reexamination and verification
(1) DCD's responsibilities for reexamining family income and composition are
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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 champ-. 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
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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.
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QSection 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 XX'V. 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)
3. 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 Disapproval 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
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4 Section 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
charges against the security deposit, and the amount of each itemamounts the tenant owes under the lease. The owner must give the tenant a written list of all
any, used to reimburse the owner, the owner must refund promptly the full amount of the unused After deducting the amount, if
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.
DCD is not responsible for any damages to the unit and will not process any dama a claims
for HAP contracts signed after October 2,1995. g
SECTION XXVII, TERMINATION OF TENANCY BY OWNER
l . 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
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rbsection 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 Rig 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.
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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
1. 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.
3. 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.
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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:
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 that 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
City of Miami, Dept. of Co ":`- ev.
back rent.
@11�
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 XKXIV, 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. 1999
��Page 78
®R
ATTACHMENT A
M.-
01'9- 806
k t:
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
FAMILY SELF-SUFFICIENCY PROGRAM
ACTION PLAN
Oct.1999
09- 806
Q
CITY OF MIAMIDEPAMENT OF COMMUNITY DEVEL PMENT
FAMILY SELF-SUFFICIENCY PROGRAM
ACTION PLAN
The City Of Miami's Department Of Community Development (DCD) will administer the
United States Department of Housing and Urban Development (U.S. HUD) Family Self -
Sufficiency (FSS) Program through the use of Section 8 Voucher Program.
The goal of the FSS is to target federal resources to provide incentives and opportunities for
families receiving housing assistance through the Section 8 Voucher Program and enrolled in the
FSS Program. These incentives and opportunities will provide assistance to participant for
obtainment of necessary skills to become gainfully employed and economically independent.
Participation in the FSS Program is voluntary. DCD will not delay assistance to any applicant
for Section 8 assistance on the basis that the applicant has elected not to participate in the FSS
Program.
Description of Number, Size, Characteristics and Needs of Program Participants
The DCD Family Self -Sufficiency Program participants will consist of a minimum of one -
hundred -nine (109) families. These participant families will come from the current Section 8
assistance recipients.
Presently there are 109 families that are expected to receive rental assistance through the Section
8 Voucher program. The population's annual income range places them in the very -low-income
population. The sources of income are from public assistance, social security, alimony, child
support, and wages. The major source of income is public assistance and social security.
Of these families, 97 % are female -headed households. Eighty-six percent of these families have
dependents. Eighty-three percent of the families have children under the age of twelve. This
indicates that day care will be an important factor in the participant's ability to fulfil the program
requirements.
Description of the number of eligible participating families who can reasonably be expected
to receive supportive services
Based on the availability of current funding, these families are expected to receive supportive
services through the FSS Program. The program shall utilize agencies that will provide case
management and supportive services.
Timetable for implementation of program
Outreach activity and participant selection will begin within 12 months from the date of
notification of approval of the first application for new units.
Enrollment will be completed and the delivery of support services for all FSS families will begin
no later than two years from the date of notification of approval.
Oct. 1999
Page 2
09- 60'
DEFA�MENT OF
OF MIAMI
F COMMUNITY DEVE) -'' MENT
FAMILY SELF-SUFFICIENCY PROGRAM
ACTION PLAN
Implementation of the FSS Program will begin 30 days after the action plan has been approved
by USHUD.
Description of the activities, c and supportive services to be provided by Public private
Public and private support service providers will be utilized to assist with the implementation the FSS Program. These agencies will provide: aptitude and attitude assessment testing, sk iof
s
enhancement, job training, transportation, job placement and other supportive servicestesting, skills
Participating families to achieve social and economic independence. to enable
Selection preference
No selection preference will be utilized to fill the FSS slots.
Outreach and selection
To ensure non-discrimination with regard to race, color, religion, sex, handicap,
national origin, DCD shall make known to all Section 8 voucher holders the avail
FSS ro familial status or
Program. This will be accomplished at the time of initial, interim and annualacertificationbility of the
through special mailings; word of mouth; use of flyers and posters; advertisements in newspaper
Tentative selection of FSS applicants will be from interested current Section
regardless of family size. 8 voucher holders,
Selection of these applicants shall be on a first -come first -serve basis until all
have been filled. Once these slots are filled, an FSS waiting list will be start available FSS slots
ranked based on the date and time of receipt of an FSS Prelimin ed. This list will be
Program slot opening, the person at the top of the FSS waiting Application.
Offeredna there is a
participate.
chance to
Motivational pre-screening
After DCD has tentatively selected an applicant for an FSS slot, the a lican
attend an FSS orientation presentation; interview and intake assessment sessio , and training
management and service plan development sessions provided by the case PP twill be required to
nsgement agencies.
Reasons for refusal to offer an FSS slot to a family:
I • Non-attendance to any of the motivational tasks.
2. Regular tardy attendance for any of the motivational tasks.
3- Failure to undertake assigned motivational tasks.
Oct. 1999
Page 3
CITY OF MIAMI
DEPAQMENT OF COMMUNITY DEVELOPMENT
FAMILY SELF-SUFFICIENCY PROGRAM
ACTION PLAN
Families that do not comply with any of the. motivational prescreening tasks will be notified in
writing that their FSS file is closed because of failure to complete the motivational pre-screening.
The families will also be told that the closing of the FSS file will not affect their rights and
Privileges under the Section 8 program, and if interested, they may reapply in six months.
Any FSS applicant that failed the motivational pre-screening task may reapply in six months.
The applicant must resubmit an FSS Preliminary Application and their name will be placed at the
end of the waiting list.
Description of how the FSS will participating
identify needs and deliver services to the partii
families g
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 an
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.
The approach to be utilized to identify needs of FSS participants includes a self-awareness
survival skill component, JTPA eligibility assessment, and a Homebuyers Preliminary
Assessment. Participants will be referred and placed in personal growth and development
Programs, educational programs (GD), remedial education, job training, specialized job training
E
PPOgrams through the Job Training partnership Act (JTPA), or DIES Wages Program service
Providers. If a participant is otherwise qualified they will be assisted in locating entry-level
employment (preferably in a career -ladder profession).
Once an FSS applicant attends an FSS Program Orientation meeting, they will be given an
appointment to complete a host of assessments. This
working with the FSS participant to develop a realistic tr niing andserviceplan.ent The followinbe critical g
are the steps utilized: g
INTERVIEW AND INTAKE/ASSESSMENT
Perform a comprehensive intake and assessment. This l assessment will onsiassigned case steof will
the
following areas:
A Psychosocial assessment. This assessment will include information on the family.
The goal of this assessment is to identify the strengths
nesses of the
Participant and assess barriers that would prevent growth and development
towards self-sufficiency. These social barriers may include immediate needs in
areas such as food, clothes, or transitional financial assistance. Personal barriers
may include the inability to speak English, and negative police background
Oct. 1999
Page 4
CITY OF MIAMI
-- DEPA. TMENT OF COMMUNITY DEVEL&MENT
FAMILY SELF-SUFFICIENCY PROGRAM
ACTION PLAN
record. Number of children in the family, if applicable. Existing childcare support
system and assessment of child care need.
B. Vocational Assessment. This assessment will include an assessment of the
educational and employment history of the participant. This assessment will
assist in identifying the areas of employment opportunities and the skill
limitations of the participant.
C. Homeownership Assessment. This assessment will include an assessment of the
participants finances, credit and employment history.
TRAINING AND SERVICE PLAN DEVELOPMENT SESSION - The FSS applicant
and the assigned service provider's case manager will begin development of the
participant's training and service plan.
CONTRACT OF PARTICIPATION
The participant is then referred back to DCD to execute a Contract of Participation
(COP). The Individual Training and Services PIan becomes a part of this signed contract.
The participant is then appropriately referred to begin their training and receipt of the
supportive services.
After COP execution, the participant will begin their prescribed plan of action, which
should lead to self-sufficiency by the participant.
The Case manager will assure that the participant receives all the required services. In addition,
DCD shall require quarterly client monitoring reports from the case management agencies, to
monitor and assure that services are appropriately delivered and that the participant is working
toward the achievement of their targeted goal.
Turnover from the FSS Program slots will be utilized to assist new families. The mandatory FSS
program size will be maintained at all times. DCD will keep the PCC informed regarding the
number of available slots in the FSS Program.
Incentives for FSS families
DCD will establish an FSS escrow account for the FSS family. A portion of the increases in the
family's rent because of increase in earned income will be credited to the escrow account in
accordance with HUD requirements.
Withdrawal from the FSS escrow fund, by the participant, shall be in accordance with HUD
regulations. DCD will invest the escrow funds in HUD -approved investments, and give the FSS
family a report on the amount in their account at least once a year.
Oct. 1999
Page 5
��� 50
�� �'` CITY OF MIAMI r f
DEPA 'MENT OF COMMUNITY DEVEL�UPMENT
FAMILY SELF-SUFFICIENCY PROGRAM
ACTION PLAN
DCD will also work closely to assist interested participants to make the transition from rental
assistance into homeownership.
DCD shall continue to work at obtaining commitments from public and private sources to
increase the number of program incentives for the FSS families.
Portability Issues
FSS participants who cannot fulfill their COP because they have moved out of the DCD jurisdiction, will
be terminated from the program if:
the move by the participant is after the initial term of the COP, and the receiving PHA
allows the participant to participate in its FSS program. Unless the family is absorbed
into the receiving PHA's program, DCD will continue to maintain the family's escrow
account.
the move by the participant causes them to be unable to receive training because they
have moved too far away from their training center and there is no alternative center
within DCD's jurisdiction that is available, or another PHA that will receive the family.
The family's escrow will be closed and DCD will use the funds in accordance with HUD
approved regulations.
Description of DCD's policies for terminating assistance and supportive services for
families failing to comply with the contract of participation
DCD will comply with all of the federal regulations regarding the termination of housing
assistance to participating families. If the participant does not comply and the contract is
terminated, DCD will terminate the participant from FSS. The participant may reapply after one
year from the termination date.
Notices of termination from the FSS will be in writing and sent to the participant's last known
address. All participants requesting a hearing will be afforded the opportunity.
Hearing procedure for FSS participants will be the same as those of Section S participation.
Oct. 1999
Page 6
09- 806
CITY OF MIAMI, FLORIDA 18
INTER -OFFICE MEMORANDUM
To ` The Honorable Mayor and Members of
the City oanmission
FRO
nald H. Warshaw
City Manager
RECOMMENDATION:
DATE: OCT ( R ;0001 FILE:
Jr
SUBJECT:
Resolution Approving City's Revised
Section 8 Housing Administrative
REFERENCES: Plan
City Commission Meeting
ENCLOSURES: of October 26, 1999
It is respectfully recommended that the City Commission adopt the attached resolution approving the
City of Miami's revised Administrative Plan, in connection with the implementation and
administration of the City's Section 8 Moderate Rehabilitation Program and Section 8 Moderate
Rehabilitation Replacement Voucher Program. The revisions to the City's Administrative Plan are
required by the U.S. Department of Housing and Urban Development for the City's continued
participation in the Section 8 Moderate Rehabilitation Program and implementation of the Section 8
Moderate Rehabilitation Replacement Voucher Program.
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 were required to undertake rehabilitation activities on substandard
structures, 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 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 in Annual Contributions from U.S. HUD for a fifteen (15) year period for implementation
of the Program.
Moreover, in September of 1988, through Resolution No. 88-840, the City Commission further
authorized the City Manager to accept an additional $567,000 in Annual Contributions from U.S.
HUD, in connection with the expansion of the Section 8 Moderate Rehabilitation Program in the City.
Overall, for the past twelve (12) years rental assistance has been provided through the City's Section 8
0 0()b
Moderate Rehabilitation Program to approximately four hundred twenty (420) housing units for low
income families and individuals in the Little Havana (214 units), Model City (140), and Overtown (66)
neighborhoods.
Since the establishment of the various Section 8 Housing Programs, there have been various statutory
and regulatory modifications of the Federal Regulations (24 CFR) and guidelines governing the
various housing programs. When this occurs, U.S. HUD requires the City to modify its Administrative
Plan for the City to continue its participation in the Section 8 Moderate Rehabilitation Program.
Moreover, on October 1, 1999, the Quality Housing and Work Responsibility Act of 1988 provided for
the merger of the Section 8 tenant -based Certificate and Voucher Programs into a new Housing Choice
Voucher Program.
At the September 28, 1999 City Commission meeting, the City Commission adopted Resolution No.
99-712 that authorized and directed the City Manager to take the necessary actions to initiate and assist
in the relocation of the residents currently residing in the Miami Limited II Section 8 housing project.
This authorization to move forward in relocating the residents is contingent upon the determination by
the City Attorney and City Manager that the property owner is in default of its Housing Assistance
Payment Contract with the City and U.S. HUD.
The attached Administrative Plan has been modified to allow the City to issue a Section 8 Moderate
Rehabilitation Replacement Voucher to each tenant currently residing in the Miami Limited II housing
project, in the event individual housing units are removed from the HAP contract or the contract with
Miami Limited II is terminated by the City.
In order to ensure the City's continued participation in the Section 8 Moderate Rehabilitation Program
and the establishment of a Section 8 Moderate Rehabilitation Replacement Voucher Program, approval
of the City's revised Section 8 Administrative Plan is required by the City Commission and U.S. HUD.
It is recommended that the City Commission adopt the proposed resolution which effectuates this
re u�rement.
B Gt�W/JBH/mb
Enclosures
2
�9— 806