HomeMy WebLinkAboutExhibit 2City of is i
INCIEF G8i7 i.Iis€i
Department of Conin=lity Development
Submitted: July 15, 2010
Submitted to:
U.S. Department of Housing and Urban Development
909 SE First Avenue, Room 500
Miami, FL 33131
Administrative Plan
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City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
Page 2 of 70
HOUSING CHOICE VOUCHER ADMINISTRATIVE PLAN
TABLE OF CONTENTS
HOUSING CHOICE VOUCHER PROGRAM............................................................................................ 5
1.0 APPLICABILITY AN\'D SCOPE.........................................................................................................
5
1.1 Mission Statement...............................................................................................................................
5
1.2 General.................................................................................................................................................
5
1.3 Purpose of the Administrative Plan.....................................................................................................
6
1.4 Programs Covered by the Administrative Plan....................................................................................
6
1.5 Equal Opportunity Statement and Reasonable Accommodation Policy [24 CFR 100.202] ................
6
1.6 Outreach to Families and Contact with Owners..................................................................................
7
1.7 Amendments to the Achninistrative Plan.............................................................................................
7
2.0 ELIGIBILITY FOR ADlrgSSION..................................................................................................... 8
2. 1 Eligibility Criteria...............................................................................................................................
8
3. 0 NIA. STAGING THE WAITING LIST...............................................................................................15
3.1 Overview...........................................................................................................................................15
3.2 First Phase..........................................................................................................................................16
3.3 Second Phase -Eligibility Screening................................................................................................18
3.4 Missed Appointments........................................................................................................................18
3.5 Purging the Waiting List....................................................................................................................
19
3.6 Removal of Applicants from the Waiting List...................................................................................
19
3.7 Grounds for Denial............................................................................................................................
19
3.8 Notification of Negative Actions.......................................................................................................
20
3.9 Informal Hearing...............................................................................................................................
20
3.10 Conduct of Hearing..........................................................................................................................
21
4.0 SELECTING FAMILIES FROM THE WAITING LIST..............................................................22
4.1 Maintenance of the Waiting List and Selection of the Families........................................................
22
4.2 Identification of Local Preferences....................................................................................................
22
4.3 Verification Requirements of Preferences Categories.......................................................................
23
4.4 Selection from the Waiting List.........................................................................................................
23
5. 0 SUBSIDY STAINDARDS AND BRIEFING....................................................................................
25
5.1 Bedroom Size Determinations (Subsidy Standards)..........................................................................25
5.2 Briefing of Families and Issuance of Housing Choice Voucher........................................................
26
5.3 Orientation Packet.............................................................................................................................
26
5.4 Information to be provided to Prospective Landlords.......................................................................
27
5.5 Assistance to Applicants and Participants Claiming Illegal Discrimination .....................................
27
5.6 Tenn of the Housing Voucher...........................................................................................................
28
5.7 Assistance Provided to Families that Include Persons with Disabilities ...........................................
29
5.8 Expanding Housing Opportunities....................................................................................................
29
5.9 Disapproval of Owner........................................................................................................................
29
5.10 Security Deposit...............................................................................................................................
30
6.0 RECERTIFICATION.......................................................................................................................
31
6.1 Client Notification of Recertification Appointment..........................................................................
31
6.2 Missed Recertification Appointment.................................................................................................
32
6.3 Reasonable Accommodation during Certification and Recertification .............................................
33
6.4 Verification of Income and Determination of Total Tenant Payment ................................................
6.5 Interim Reexaminations of Income and Household Composition.....................................................
34
6.6 Minimum Rent...................................................................................................................................
34
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6.7 Termination of Assistance upon 180 Days of Zero HAP Payment ...................................................
34
7. 0 INSPECTION POLICIES.................................................................................................................35
7.1 Housing Quality Standards and Inspections......................................................................................
35
7.2 Deteriorated Paint Surfaces...............................................................................................................
35
8. 0 RENT AND HOUSING ASSISTANCE PAYMENTS....................................................................36
8.1 Payment Standards.............................................................................................................................36
8.2 Review and Adjustment of Allowances for Utilities.........................................................................
36
8.3 Rent Reasonableness.........................................................................................................................
37
8.4 Annual Review of Family Circumstances, Rents, Utilities and Housing Quality Standards ............
37
8.5 Family Break-Up...............................................................................................................................
38
8.6 Absence fi•oin Unit.............................................................................................................................
38
8.7 Pa}anent of Monies Owed by the Owner or Family to the PHA .......................................................
39
9. 0 SPECIAL HOUSING........................................................................................................................
41
10.0 TER IINATION OF ASSISTANCE TO THE FAMILY.............................................................42
10.1 Grounds for Termination of Assistance...........................................................................................
42
10.2 Approach to Termination of Assistance..........................................................................................
47
10.3 Termination of Tenancy by the Owner............................................................................................
52
11.0 COMPLAINTS AND APPEALS.....................................................................................................56
11.1 Infornal Hearing for Participants....................................................................................................
56
11.2 Conduct of Hearings........................................................................................................................
56
12.0 ENTERPRISE INCOME VERIFICATION(eiv)..........................................................................58
12.1 EIV Reports.....................................................................................................................................
58
12.2 EIV Security Measures....................................................................................................................
59
12.3 EIV Records Retention....................................................................................................................59
12.4 Disposal of Applicant and Client EIV Records...............................................................................
59
12.5 Storage of EIV Documents..............................................................................................................
59
13.0 ADMINISTRATIVE FEE RESERVE............................................................................................60
ATTACHIIIENTA....................................................................................................................................
61
Statement of Family Obligations.............................................................................................................
61
ATTACHMENTB....................................................................................................................................
65
Operating Procedures for HCV Eligibility Certifications and Re -Certifications & Housing Search and
Lease -up for Voucher Holders.................................................................................................................
65
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TAB 3 - HCV Administrative Plan
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1.0 APPLICABILITY AND SCONE
1.1 Mission Statement
The primary objective of the City of Miami Section 8 Tenant Based Assistance, Housing Choice
Voucher program is to assist eligible low-income families to obtain decent, safe and sanitaiy
housing. The mission of the City of Miami Department of Community Development, through its
Section 8 program, is to promote adequate and affordable housing, economic opportunity and a
suitable living environment free from discrimination.
1.2 General
The Department of Community Development is the designated Public Housing Agency ("PHA") for
the City of Miami. The City of Miami recognizes the housing needs of its low and moderate income
residents. The Section 8 Tenant Based Assistance, Housing Choice Voucher program. is a responsive
mechanism for providing immediate housing assistance for low and very -low income households.
The rental subsidy enables tenants to afford standard units while providing rental income sufficient
to meet the operating expenses of the landlords.
Hereinafter, the administrative plan will refer to the City of Miami Department of Community
Development as the PHA.
The policies and procedures contained herein are applicable to implementation of housing
assistance payments on behalf of eligible families by leasing existing housing pursuant to the
provisions of Section 8 of the U. S. Housing Act of 1937 for the Housing Choice and Replacement
Voucher programs. The basic guidelines for this plan are governed by requirements of 24 CFR Part
982 and other applicable regulations and requirements of the U.S. Department of Housing and
Urban Development ("HUD"). HUD allows public housing authorities broad discretion to adopt
local policies for operation of the tenant -based program. This plan reflects the exercise of these
policy choices by the PHA and incorporates those policy topics required by HUD regulation. The
PHA's policies and procedures articulated herein are subject to change in accordance with
applicable HUD requirements. Any provision of federal law or regulation, or change in such law or
regulation, which is inconsistent with or contrary to the provisions of this Plan shall supersede the
provisions of this Plan. Where not inconsistent, the provisions of federal law or regulation shall
apply in conjunction with the provisions of this Plan.
This plan is not a comprehensive statement of HUD's program regulations or the PHA's procedures
for programn administration, but is intended to provide applicants, participants and owners with a
basic understanding of the PHA's Section 8 Program.. For more information, applicants,
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participants and owners are directed to
• HUD's regulations found in the Code of Federal Regulations under Title 24 and HUD
Document 7420.1OG, the Housing Choice Voucher Program Guidebook;
The PHA's primary responsibilities are:
• 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 detennining their eligibility for assistance;
• Inspecting Section 8 units to determine if they meet or exceed Section 8 Housing Quality
Standards; ✓
• Approving leases;
• Making Housing Assistance Payments to owners;
• Performing annual and periodic re-examinations of income, family composition and re-
detennination of rent.
1.3 Purpose of the Administrative Plan
To establish the City of Miami policies for carrying out the Housing Choice Voucher program in a
manner consistent with HUD requirements as well as local goals and objectives contained in the
City's Public Housing Agency ("PHA") plan.
1.4 Programs Covered by the Administrative Plan
Section 8 Housinh Choice Voucher ProP-ram("HCV")
The Housing Choice Voucher program is a tenant -based rental assistance program in which the
participants choose the unit, within the local govermnent's jurisdiction, where they will live in.
Section 8 Moderate Rehabilitation Program ("Mod -Rehab")
The Mod -Rehab program is governed by federal statute, regulations at 24 CFR 882 and the
Housing Assistance Payments contract for the program. This program provides project -based rental
assistance for low-income families. The US Congress repealed the program in 1991 and no new
projects have been authorized since then.
1.5 Equal Opportunity Statement and Reasonable Accommodation Policy
[24 CFR 100.202
Equal Opportunity
The PHA will comply with the Fair Housing Act, Title VI of the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, Executive Order 11063, Section 504 of the Rehabilitation Act of 1973
and Title II of the Americans with Disabilities Act and all related rules, regulations, and
requirements.
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The PHA will not on account of race, color, creed, national origin, sex, handicap, or familial status
deny to any family the opportunity to apply for admission nor deny an eligible applicant the
opportunity to lease or rent a dwelling unit; if suitable to its needs. In the selection of families, there
will be no discrimination against families otherwise eligible for admission because their income is
derived in whole or in part from public assistance.
Reasonable Accommodation Policy
City policies are designed to provide assurances that persons with disabilities will be given
reasonable accommodations, upon request, so that they may fully access and utilize the HCV
program. It is applicable to all situations described in this administrative plan.
Definition o Disability (24 CFR 5.403)
A person with a disability is defined as an individual who:
1. Has a disability as defined in Section 223 of the Social Security Act;
2. Has a developmental disability as defined in Section 102 of the Development Disabilities
Assistance and Bill of Rights Act; or
3. Is detennined to have a physical, mental, or emotional impairment that is expected to be of
long -continued and indefinite duration; and
a. A physical or mental impairment that substantially limits one or more of the major
life activities of an individual; and
b. A record of such impairment; or
c. Being regarded as having such an impainnent
1.6 Outreach to Families and Contact with Owners
The city utilizes a variety of means to publicize and disseminate information regarding the Section 8
Tenant Based Assistance, Housing Choice Voucher program for income -eligible households. Aside
from the conventional print and broadcast media, the city meets with community organizations,
neighborhood planning and development groups, housing advocates, govermnental departments,
advocacy agencies, and church affiliates. The PHA uses its management experience and capabilities
to disseminate useful relevant information to the widest audience.
The PHA also recognizes that special outreach may be necessary to assist families suffering a
language barrier, disabled or handicapped persons, and the very low income, or very large families.
1.7 Amendments to the Administrative Plan
The City of Miami is responsible for complying with all changes in HUD's regulations pertaining
to the HCV program. If such changes create a conflict with this plan, HUD regulations will have
precedence, and the City of Miami will proceed to amend its FHA plan accordingly. On an on-
2oing basis, the City of Miami may make minor, non -substantive modification s to the
Administrative Plan in order to clarify existing policies and procedures and/or to edit minor
descriptive errors. These changes shall be classified as non -substantial, and therefore, shall not
require the approval of City Commission.
Any substantial changes (i.e. policy change) must be approved by City Commission.
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2.0 ELIGIBILITY FOR. ADMISSION
2. 1 Eligibility Criteria
To be eligible for admission to the Housing Choice Voucher program, all applicants must meet the
following criteria:
1. Be a "family," as described in section 2.1.A of this chapter.
2. An applicant's income cannot exceed the applicable Section 8 very -low income limits or an
applicant must be income eligible according to the HUD Housing Choice Voucher program
standards.
3. An applicant must meet the citizenship/ eligible immigrant status criteria. To be eligible,
each member of the family must be a citizen, national, or a non -citizen who has eligible
immigration status under one of the categories set forth in Section 214 of the Housing and
Community Development Act of 1980 (see 42 U. S. C. 1436a( a)).
4. An applicant must provide social security number documentation for all family members 6
years of age or older or certify that they do not have a social security number.
5. An applicant must have each member of the family who is 18 years of age or older, and each
family head of household and spouse regardless of age, sign one or more of the following
consent forms: HUD -9886 Authorization for the Release of Information/ Privacy Act
Notice, INS consent fors.
6. An applicant head of household and spouse must sign the Applicant Certification for to
certify that the infonnation given to the PHA on household composition, income, net family
assets and allowances and deductions is accurate and complete.
7. An applicant has not committed fraud or misrepresentation in connection with any Federally
assisted housing program.
8. An applicant does not owe rent or other amounts to the PHA or any public housing, in
connection with Section 8, or public housing assistance under the U.S. Housing Act of 1937.
9. An applicant has reimbursed the PHA or any public housing authority for any amounts paid
to an Owner.
10. An applicant must not have been evicted from public housing or any Section 8 program for
drug-related criminal activity within the last three years.
11, No member of the family is subject to a life -time registration requirement under Florida's
sex offender's program.
12. The head of household or oldest family member is at least 18 years old or emancipated.
13. All applicants will be required to certify prior to admission that they do not have a pattern of
illegal use of a controlled substance or pattern of abuse of alcohol that may interfere with
the health, safety, or right to peaceful enjoyment of the premises by other residents.
Applicants may elect not to sign the Non -Alcohol and Drug Abuser Certification provided
they demonstrate to the PHA's satisfaction that they are no longer engaging in illegal use of
a controlled substance or abuse of alcohol through one of the following means:
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a) Applicant has successfully completed a supervised drug or alcohol rehabilitation
program.
b) Applicant has othei wise been rehabilitated successfully.
c) Applicant is participating in a supervised drug or alcohol rehabilitation program.
2.1.A Definition of `Family" — Family Composition [24 CFR 982.201(c)]
The family composition must be written down in the client's application/certification or
recertification.
Family
The definition of "family" includes:
1. A single person;
2. A household consisting of one or more adults with or without children;
3. Two or more persons who share residency and whose income and resources are jointly
available to meet the family's needs;
4. Two or more elderly or disabled persons living together; or
5. One or more elderly, near -elderly or disabled persons living with one or more live-in
aides.
Head of Household
A "head of household" is the adult member of the household who:
1. Has the legal capacity to enter into a lease under state and local law;
2. Will be issued the Housing Choice Voucher;
3. Will sign the lease; and
4. Will be responsible for meeting the family obligations under the lease and Housing
Choice Voucher agreement.
Emancipated Minors
An emancipated minor may be a head of household.
Shouse of Head of Household
"Spouse"' means the husband or wife of the head of household. It includes the partner in a common
law marriage and same sex partners who reside in the same household. The tern "spouse" does not
include boyfriends, girlfriends, significant others, or co -heads of households.
Co -Head of Household
A "co-head of household" is an individual in the household who signs the lease and voucher
agreement and who is equally responsible, with the head of household, for lease and Housing
Choice Voucher agreement obligations. A family may have a spouse or a co-head, but not both.
A co-head cannot be a dependent.
Elderly, Fly
A family in which the head of household, co-head of household or spouse is age 62 or older.
Disabled Family
A family in which the head of household, co-head of household, or spouse meets the definition of
disabled set forth in Chapter 1.
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Live-in Aide
A person who resides with the family and who meets the requirements for a live-in aide described
in earlier in this manual.
Multinle Families in the Same Household
Two families living together (such as a mother and father, and a married child with his or her
spouse and/or children) may be treated as a single family unit.
Joint Custodv of Children
Children who are subject to a joint custody agreement will be considered to be members of that
parent's household with whom they primarily reside (51 percent of the time).
Families who claim primary custody in a joint custody or temporary guardianship arrangement will
be required to certify, and provide supporting documentation to establish, that the child or children
reside primarily with the applicant or resident. At a minimum, the child's school records must show
the child's primary address to be the same as the applicant or resident.
When both parents are on the waiting list and both claim the child as a family member, the primary
custodial parent whose address is listed in the school records as the primary address for the child
will be allowed to claim the school-age child as a dependent for the purposes of claiming the
dependent deduction and determining subsidy.
2.13 Income Limits for Families Exercising Portability
Families who port -in to the City's Housing Choice Voucher Program must be within the applicable
income limit for the City of Miami's program.
2.1.0 Mandatory Social Security Numbers [24 CFR 982.201(c)]
Families are required to provide, prior to admission, verification of Social Security Numbers for all
family members who have been assigned a Social Security Number (SSN). This requirement also
applies to persons joining the family after the family has been admitted to the program, except for
the addition of individuals under the age of six who do not have an assigned SSN, but must provide
verification of a newly assigned SSN within 90 days of being added to the household.
Failure to provide verification of SSN is grounds for denial or termination of assistance.
Persons who have not been assigned a SSN must certify that they have never been assigned a SSN
and can only be admitted to the program if they do not contend to have eligible immigration status
and are part of a "mixed family."
Persons who provide SSN, but cannot provide verification, can retain their place on our waiting list
for a period of 90 days, but cannot be admitted to the program until verification is provided. As of
January 31, 2010, existing program participants who are 62 years of age or older, and had not
previously disclosed a valid SSN are exempt from disclosure, even if the individual moves to a new
assisted unit.
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2.1.D Criminal History and Other Criteria for Admission
HUD -Mandated Denials: Criminal History
The City of Miami is required by HUD regulations [24 CFR 982.553(a)] to deny the applications
that involve:
1. Eviction in the last 3 months from federally assisted housing for illegal drug activity. The City
shall deny admission to this City of Miami subsidized housing program to applicants who
have been evicted from public or other federally assisted housing due to drug-related activity
within the last 3 years [24 CFR 682.553(a)]
a. Definition of drug-related criminal activity: Refers to the illegal manufacture, sale,
distribution or use of a drug, or the possession of a drug with intent to manufacture, sell,
distribute or use the drug.
b. Evidence of rehabilitation or permanent absence of criminal from household:
The City may, however, admit the household if it determines that,
i. The evicted household member who engaged in drug-related criminal activity has
successful completed a drug rehabilitationprogram which must be approved by the
city, at it deems appropriate; or
ii. The circumstance leading to the eviction no longer exists (for example, the criminal
household member has died or is imprisoned).
■ Evidence of rehabilitation. The City's standards for evidence of rehabilitation
under this section may take into consideration documented evidence of
rehabilitation for drug-related offenses if the applicant can provide one of the
following:
Evidence of completion of a recognized drug treatment program;
Commitment of appropriate services by a recognized service provider;
No re -offense in the two year period preceding the issuance interview.
2. Current use of illegal drugs: The City shall deny admission to households if it detennines
that a household member is currently engaged in illegal drug use.
3. Methamphetamine production in federally assisted housing: The City shall permanently
prohibit admission to any applicant if any household member has been convicted of the
manufacture or'production of methamphetamine on the premises of federally assisted
housing.
4. Sex -offenders: The City shall deny admission to a household if any household member is
subject to a lifetime registration requirement under a state sex offender registration
pro grain.
5. Pattern of abuse of a controlled substance or alcohol: The City shall deny admission to a
household if it has cause to believe that a household member's abuse or pattern of illegal
use of a controlled substance or abuse of alcohol may threaten the health, safety or right to
peaceful enjoyment of the premises by other residents.
a. A «Waiver of this may be granted if the family can demonstrate to the city's
satisfaction that the family member is no longer engaging in illegal use of a
controlled substance or abuse of alcohol; and
• Has successfully completed a supervised alcohol rehabilitation program;
■ Has other wise been rehabilitated successfully; or
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■ Is participating in a supervised alcohol rehabilitation program.
HUD -Required Denials: Failure to Submit Consent Forms
The City of Miami shall not admit a family into the program if any member of the family fails to
sign and submit consent forms for obtaining information required by the city including Form HUD -
9886. This denial is required pursuant to 24 CFR 982.552(b).
City of3fiarn-i Policy on Denying Admission Based on Fancily History [24 CFR 982.552(c)]
Participant History Requirements
In addition to denial of admission for the reasons outlined above, the city may deny admission to a
family if any family member:
1. Has been previously assisted under the program and was terminated for violating any family
obligation in the last 5 years;
2. Has been evicted from federally assisted housing for any reason in the last 5 years;
I Has ever committed fraud, bribery, or any other corrupt or criminal act in connection with
any federal housing program, or unlawfully manipulated the application process in any way
in the last five (5) years;
4. Currently owes rent or other amounts to the City of Miami or any other public housing
authority (PHA) that receives federal housing subsidies;
5. Has not reimbursed any PHA in full for amounts paid to an owner under a HAP contract for
rent, damages to the unit, or other amounts owed by the family under the lease;
6. Breaches an agreement with the City of Miami to pay amounts owed to the city, or amounts
paid to an owner by the city:
7. Has ever engaged in or threatened abusive or violent behavior toward City of Miami or other
housing authority personnel, in the last five (5) years, as follows:
a. "Abusive or violent behavior" includes verbal as well as physical abuse or violence. Use
of expletives that are generally considered profane, racial epithets, or other language,
written or oral, that is customarily used to insult or intimidate, may be cause for denial;
or
b. "Threatening" refers to oral or written threats, or physical gestures, that communicate
intent to abuse or commit violence.
Criminal History Requirements [24 CFR 982.552(e)]
The City may perform criminal background checks on all applicants to the Housing Choice
Voucher program. There will be a 12 month period of ineligibility for the HCV program for any
applicant or family member that has been convicted and incarcerated for a Class A felony. In
addition the city may deny an applicant or family member that who has committed a series of
crimes of any kind that indicate habitual criminal behavior.
The 12 month period of ineligibility will begin upon the applicant's release from incarceration. A
list of Class A felonies is below. This list is not inclusive and comparable crimes may be considered
for denial of assistance.
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■ Arson
■ Assault
■ Burglary
■ Explosives
■ Extortion
■ Homicide
■ Incendiary devices, possession, manufacturing or disposal of incendiary device
■ Kidnapping
■ Leading organized crime
■ Machine gun use in felony
• Malicious explosion of substance
■ Malicious placement of an explosive
• Manslaughter
• Possession of explosive device
• Robbery
• Setting a spring gun
■ Trafficking
■ Treason
While a criminal record will not automatically exclude an applicant from consideration; it is an
important criteria used in determining a person's eligibility. In detennining an applicant's
eligibility, the City of Miami will consider an applicant's arrest record, but, place greater emphasis
on actual convictions.
Tinge Inten)als Do Not Include Tinie in Jail
The intervals noted above are the time periods that must have passed after the convicted household
member was released from incarceration.
Violence Against Momen Act
Criminal activity directly related to domestic violence, dating violence, or stalking engaged in by a
member of a tenant's household or any guest or other person under the tenant's control shall not be
cause for tennnination of assistance, tenancy, or occupancy rights IF the tenant or an immediate
member of the tenant's family is the victim of that domestic violence, dating violence or stalking.
Screeninzfor Families ExercisinzPortabilin,
The City of Miami shall use the HUD -required denials, City of Miami participant history
requirements, and criminal history requirements described above to screen families seeking to port -
in to the city's Housing Choice Voucher program.
Consideration of Circumstances [24 CFR 982.552(c)(2)]
In deternining whether to deny or terminate assistance because of a family member's action or
failure to act, the city may consider all relevant circumstances such as the seriousness of the act or
failure, the extent of participation or culpability of family members, mitigating circumstances
related to the disability of a family member, and the effects of denial or termination of assistance on
other family members who were not involved in the action or failure to act.
Notice of Standards to Applicants and Participants
The City of Miami shall give every waidist applicant and participant, at time of appointment, a
written description of:
1. Family obligations under the program;
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TAB 3 - HCV Administrative Plan
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2. The grounds on which the city may deny or terminate assistance because of family action or
failure to act; and
3. The City's informal review procedures for denial of admission to the pro grain.
Notice to Landlords: Not Responsible for Tenant Screening [24 CFR 982.307)]
The city shall screen applicants for satisfaction of the program admission criteria only. The city
does not screen for applicant or family behavior not related to participant history requirements.
The City of Miami does not screen for suitability for tenancy. Screening for suitability is the
property owner's responsibility. The City has no responsibility for the family's behavior or conduct
as tenants, and has no liability to property owners or others for the acts of Housing Choice Voucher
Program's tenants.
Information Provided to Owners
The owner is responsible for the screening and selection of any family that will occupy the owner's
unit before approving a tenancy.
Changes in Eligibility Prior to Effective Date of Contract
Changes that occur during the period between issuance of a voucher and lease up may affect the
family's eligibility or share of the rental payment.
Notification of Denial
Families who are detennined to be ineli-ible will be notified in writing of the reason for denial.
Prohibited Admissions Criteria [982.202(b)]
Eligibility for admission to the prograin may not be based on:
1. Where a family lives prior to admission to the program;
2. Where the family will live with assistance under the program;
3. Whether members of the family are unwed parents, recipients of public assistance, or children
born out of wedlock;
4. Whether a family includes children.
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3.0 MANAGING THE WAITING LIST
3.1 Overview
1. A participant with or without children. Such a family is defined as a group of people related
by blood, marriage, adoption or affinity that lives together in a stable family relationship.
Children temporarily absent from the home due to placement in foster care are
considered participant members.
A first unborn child and children in the process of being adopted are considered
participant members for purposes of determining bedroom size, but are not considered
participant members for determining income limit.
In cases where a parent has joint custody where the child/children reside with the
parent at least 50% of the time, the LA must consider such child/children in
determining the voucher (unit) size for the participant. The 50% custody arrangement
must be verified and documented. If both parents are participants in the Housing
Choice Voucher Program (DHCR Local program or another PHA), only one of the
parents is allowed to claim the child/children as a dependent.
2. An elderly family, which is:
■ a family whose head, spouse, or sole member is a person who is at least 62 years of
age;
two or more persons who are at least 62 years of age living together; or
one or more persons who are at least 62 years of age living with one or more live-in
aides.
3. A disabled family, which is:
■ a participant whose head, spouse, or sole member is a person with disabilities;
■ two or more persons with disabilities living together; or
• one or more persons with disabilities living with one or more live-in aides.
4. A displaced family is a family in which each member or sole member has been 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.
5. A remaining member of a tenant family may qualify as a family.
6. A single person, who is not an elderly or displaced person, a person with disabilities or the
remaining member of a tenant family, may qualify as a family.
Family Guests
Participants in the Housing Choice Voucher program are permitted to have aguest or or in the
household for no more than 30 days in any given calendar year.
If the guest resides in the unit for more than a total of 30 days in a calendar year, the guest(s) will
be considered unauthorized household member(s). Clients are responsible for advising, in writing,
city staff of any guest(s) staying in the property. If the guest(s) stays over 30 days or if the client
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fails to advise the city, the client will be subject to disciplinary action or program termination at the
discretion of the City.
At the discretion of the City of Miami, a separate waiting list for the Section 8 Moderate
Rehabilitation Program may be established and maintained.
The application process will involve two phases: The first phase is the initial application for
housing assistance, or pre -application, and results in the family's placement on the waiting list
The second phase is the final detennination of eligibility and verification of information presented.
This takes place when the family nears the top of the waiting list. The PHA will ensure that
verification of all preferences, eligibility, and suitability selection factors are confirmed so as to
determine the family's final eligibility for admission into the Housing Choice Voucher program.
3.2 First Phase
Opening and Closing the Waiting List
The decision to open or close the waiting list will be based on whether the existing list contains an
adequate pool of applicants for the use of available program funding.
Opening of the waiting list will be announced via public notice. The public notice will state that
applications for the Housing Choice Voucher program will again be accepted. It will also describe
where, when, and how to apply as well as any limitations to who may apply. Closing the waiting list
will be advertised through a public notice in a similar manner.
The notice will include the Fair Housing logo and slogan and otherwise be in compliance with Fair
Housing requirements.
Public Notice will be provided through purchase of legal notice advertising in newspapers. The
Notice will be posted on the PHA's website and also will be made available through outreach efforts
such as distribution of flyers in our offices and/or other public establishments.
Taking Pre -Applications
All applicants will be required to complete a pre -application form, which will contain inforination
necessary for the PHA to make an initial assessment of the family's eligibility and to determine the
family's placement on the waiting list. The PHA will use the pre -application as the basis for follow-
up phone calls, correspondence or direct appointments.
The family will be required to provide documentation to establish eligibility and the level of
assistance when the family is selected from the waiting list. (This process described in the Second
Phase.)
The standardized pre -application form will be posted on the PHA's web -site and distributed at
different locations (i.e. libraries, neighborhood enhancement teams -INET, etc). This pre -application
acceptance process will accommodate an applicant who has difficulty traveling to the PHA office,
either because of a disability, hospitalization, childcare constraints or employment schedule.
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Reasonable accommodations will be afforded to those elderly or disabled applicants that need
support to make application through this method.
Completed pre -applications shall be returned to the PHA by mail, instead of applying in person. The
postmark date on the envelope that contains the mailed pre -application will be the final detennining
factor on whether a pre -application has been received within the qualified time -period.
Upon receipt of the pre -applications, the PHA will make a preliminary determination of eligibility.
If the PHA determines the family to be ineligible, a letter will be sent to the applicant. The notice
Nvill state the reason(s) and offer the family the opportunity for an informal review of this
determination within a set number of days.
If the PHA anticipates receiving far more applicants than it can assist in a reasonable period of time,
the PHA reserves the discretion to establish rules in advance of the open application period which
limit the number of applicants to be placed on the waiting list.
The waiting list will not be established based on the date and time of application but instead by a
computer lottery random selection. The rules that govern who qualifies to participate in the
computer lottery selection are as follows:
1. Only complete applications will be considered.
2. Only pre -applications that are eligible for admission will be considered.
3. Only one pre -application will be allowed per family/household.
4. Only pre -applications received by mail, at the mailing address designated by the PHA, will be
considered.
5. The computer-generated lottery will randomly rank all of the qualified mail -in pre -
applications or, if a limit was established in advance, randomly select and rank a designated
number of qualified mail -in pre -applications. (In the event that a limited number of randomly
selected applicants are to be placed on the waiting list, pre -applications which are not selected
will be discarded).
The computer generated random lottery selection will be conducted in the following manner:
After the deadline for submitting pre -applications has expired, a control report will be generated
listing all of the pre -applicants alphabetically by name and numerically by social security number
("pre -lottery report"). The list will be sorted randomly through the use of a computer program.
Multiple witnesses will observe the computer generated lottery selection, including person(s) that
are outside the direct management of the waiting list.
After the lottery selection is conducted, a report will be generated that will list all of the pre -
applicants alphabetically by name and numerically by social security number ("post -lottery report").
The pre -lottery report and the post -lottery report will be maintained for the active duration of the
waiting list for audit control purposes. The numerical position assigned by the computer will be
added to the applicant's pre -application.
The PHA will provide written notification confinnvng initial acceptance of the pre -application to
those included in the waiting list. The notice will also inform applicants that it is their responsibility
to notify the PHA immediately of any changes affecting (1) their eligibility status or (2) the PHA's
ability to locate the applicant. The applicant's failure to comply with these requirements is grounds
for removal from the waiting list.
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An applicant may at any time report changes in their applicant status including changes in family
composition, income, or preference factors. The PHA will annotate the applicant's file and will
update their place on the waiting list.
The waiting list must contain the following information for each applicant listed:
■ Applicant name;
■ Family unit size;
• Date and time of application;
• Qualification for any local preference;
• Racial or ethnic designation of the head of household.
Completion of Applications
For purposes of applying, be a "family," as described in section 2. LA of chapter 2.0.
For purposes of applying the term "continuously assisted" is defined as:
An applicant who 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
voucher program, including a break in assistance due to temporary residence in a domestic violence
or homeless emergency shelter.
3.3 Second Phase — Eligibility Screening
As vouchers become available, when a waiting listed family approaches the top of the waiting list,
the family will be invited to an eligibility screening appointment and the final verification process
will be completed. It is at this point in time that the family's preference will be verified. All the
remaining eligibility -related documents must be submitted at this time. All required signatures must
be obtained.
The PHA reserves the right to screen applicants for criminal or drug-related activity during the
intake process if information or allegations are brought to the PHA's attention. Ultimately, the rental
unit's owner is responsible for screening the applicants' suitability for tenancy.
3.4 Missed Appointments
All applicants who fail to keep a scheduled appointment in accordance with the paragraph below
will be sent a notice of denial.
The PHA will allow the family to reschedule appointments for good cause. In general, no more than
one re -scheduled appointment will be permitted without good cause. When a good cause exists, the
PHA will work closely with the family to find a more suitable time. Applicants will be offered the
right to an informal review before being removed from the waiting list.
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3.5 Purging the Waiting List
Periodically the PHA conducts mailings to purge inactive applicants from the waiting list. The
purging of the waiting list enables the PHA to update the information regarding address, family
composition, income category and preferences. Applicants will be removed from the waiting list
when they have not maintained a current mailing address with the PHA or when correspondence to
them is unanswered or returned by the post office marked "undeliverable". An exception will be
granted when an applicant has demonstrated that they have a disability that prevented them from
responding to our correspondence.
3.6 Removal of Applicants from the Waiting List
Prior to removing an applicant's name from the waiting list, the PHA will examine the applicant's
file to ensure that all reasonable means to contact the applicant have been exhausted. The PHA will
not remove an applicant's name form the waiting list unless one of the following occur:
1. The applicant requests that the name be removed;
2. The applicant fails to respond to a written request for information or a request to declare their
continued interest in the program or the applicant misses scheduled appointments;
3. The applicant does not meet either the eligibility or screening criteria for the program;
4. The applicant has been offered a housing voucher.
3.7 Grounds for genial
The following will constitute grounds for denying assistance to applicants on the waiting list:
1. Failure to supply information or documentation required by the application process.
2. Failure to respond to a written request for information or a request to declare continued
interest in the program.
3. Failure to complete any aspect of the application process.
4. Failure to meet all of the eligibility for admission criteria.
5. Violation of any of the family obligations under 24 CFR 982.551.
6. A participant or family member engaged in drug-related criminal activity or violent criminal
activity or other criminal activity that is a threat to the health, safety or property of others.
7. A participant has committed fraud (bribery or any other corrupt or criminal act) at the time of
application or during assisted tenancy,
8. Failure to make pa} ments for monies owed to the City or another PHA.
9. If any family members of the family has been evicted from public housing within the last
three years.
10, If the family has engaged in or threatened abusive or violent behavior toward PHA personnel.
11. If it is determined that a family member has a lifetime registration under a State sex offender
registration program.
12. An applicant or participant that abuses alcohol or drugs in a way that may interfere with the
health, safety or right to peaceful enjoyment of the premises by other residents.
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13. All applicants that fail to certify, prior to admission, that they do not have a pattern of illegal
use of a controlled substance or pattern of abuse of alcohol that may interfere with the health,
safety, or right to peaceful enjoyment of the premises by other residents.
Applicants may elect not to sign the NTon-Alcohol and Drug Abuser Certification provided they
demonstrate to the PHA's satisfaction that they are no longer engaging in illegal use of a controlled
substance or abuse of alcohol through one of the following means:
1. Applicant has successfully completed a supervised drug or alcohol rehabilitation program.
2. Applicant has otherwise been rehabilitated successfully.
3. Applicant is participating in a supervised drug or alcohol rehabilitation program.
3.8 Notification of Negative Actions
Any applicant whose name is being removed from the waiting list will be notified by the City of
Miami, in writing, that they have ten (10) business days from the date of the written correspondence,
to present mitigating circumstances or request an informal hearing. The letter will also indicate that
their name will be removed from the waiting list if they fail to respond within the specified
timeframe. The city's system of removing applicants' names from the waiting list will not violate the
rights of persons with disabilities. If an applicant's failure to respond to a request for information or
updates was caused by the applicant's disability, the city will provide a reasonable accommodation.
If the applicant indicates that they did not respond due to a disability, the city will verify that there is
in fact a disability and that the reasonable accommodation they are requesting is necessary based on
the disability.
3.9 Informal Nearing
The City of Miami will provide an applicant an opportunity for an informal review of a decision
denying an applicant:
1. Listing on the waiting list, and/ or
2. Participation in the program.
The City of Miami shall give the applicant written notification of its decision denying assistance.
The notice:
1. May be given personally to the applicant or member of the family, but shall be sent by first
class certified mail to the last known address on file;
2. Shall give a brief statement of the reasons for the decision; and
3. Shall inform the applicant that within ten (10) business days of the date of the notice, the
applicant may request, in writing, that an informal hearing be held to present oral or written
objections and review the decision.
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3.10 Conduct of Hearing
If an applicant or participant requests an infonnal hearing within the time frame set forth above, the
PHA shall conduct a hearing in accordance with the following procedures:
1. The PHA shall appoint a hearing officer to conduct the hearing �vho must be an employee or
an outside person other than the person who made or approved the decision under review or a
subordinate of such person.
2. The hearing officer shall issue a written decision stating briefly the factual and other basis for
the decision, a copy of which shall be furnished promptly to the applicant.
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4.0 SELECTING FAMILIES FROM THE WAITING LIST
4.1 Maintenance of the Waiting List and Selection of the Families
The PHA may admit an applicant for participation in the program either as special admission or as a
waiting list admission. If HUD awards funding that is targeted for families with specific
characteristics or families living in specific units, the PHA will use the assistance for those families
living in these units. The PHA will maintain records showing that the family was issued a HUD -
targeted Voucher.
There is one waiting list for all HCV applicants regardless of the bedroom size the HCV applicant
may need. Each applicant shall be assigned an appropriate place on the waiting list in sequence
based upon lottery assigned number (lower digit numbers have priority over higher digit numbers),
as well as the following identified preference factors.
4.2 Identification of Local Preferences
Federal regulations pen -nit a housing authority to establish a system of preferences for the selection
of families admitted to the program. The system must be based on local housing needs and priorities
determined solely by the PHA. The City of Miami reserves the right to change these preferences to
respond to changes in local housing needs or emergency housing situations. The city will only,
provide preference selection to those households that meet the preference eligibility criteria at time
of selection from the waitlist.
The following categories represent preferences on the waiting list:
Elderly family -A family whose head or spouse (or sole member) is 62 years or older and a family
that includes an elderly person(s).
Disabled family A family whose member(s) include a person(s) who is under a disability as
defined in Section 223 of the Social Security Act (42 U. S. C. 423) or has a developmental disability
as defined in section 102( 7) of the Developmental Disabilities Assistance and Bill of Rights Act (42
U. S. C. 6001( 7)); or
A family whose member(s) include a person(s) having a physical or mental impairment that (a) is
expected to be of a long -continued and indefinite duration, (b) substantially impedes his or her
ability to live independently, and (c) is of such nature that such ability could be improved by more
suitable housing.
Equal weight will be given to one or more of these preferences i.e. a household/applicant who is
both elderly AND disabled will be given the same preference as a household who is only elderly OR
disabled.
The City of Miami's current preferences are summarized below:
Section 8 Housinz Choice Voucher Program:
■ Elderly and Disabled households
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Section 8 Moderate Rehabilitation Pro --ram:
■ Elderly and Disabled households
4.3 Verification Requirements of Preferences Categories
In order to be eligible to apply and to qualify for the preference categories, sufficient documentation
must be provided by the applicant prior to admission. Applicants may provide additional
documentation while on the waiting list that may improve their ranking.
Elderly family members) — documentation must be provided of birth date or senior citizen/ elderly
status. A birth certificate, third -parry verification or sworn affidavit will constitute sufficient
documentation.
Disabled family member(s) — documentation must be provided that an applicant family member(s) is
disabled. A social security disability award letter or a medical letter that supports that the applicants
meet the definition will constitute sufficient documentation.
4.4 Selection from the Waiting List
Families will be selected from the waiting list based on the numerical position assigned by the
lottery and the above stated preferences. If it is necessary to meet the statutory requirements that
75% of newly admitted families in any fiscal year be families who are extremely low-income, the
PHA retains the right to skip higher income families on the waiting list to reach extremely low-
income families. This measure will only be taken if it appears the goal will not otherwise be met. Tc
ensure that this goal is met, the PHA will monitor incomes of newly admitted families and the
income of the families on the waiting list. If there are not enough extremely low-income families on
the waiting list, the PHA will conduct outreach on a non-discriminatory basis to attract extremely
low-income families to reach the statutory requirement.
When it is determined that there are openings in the voucher program, a letter is sent to the next
eligible applicant from the waiting list regardless of the bedroom size that the applicant needs. The
letter explains the information needed to document eligibility, i. e., pay stubs, social security award
letters, savings account books, daycare receipts, etc. The family is assigned to a Housing Specialist
who certifies the family's eligibility, conducts an orientation and issues the Housing Choice
Voucher.
An applicant's income status may change while on the waiting list. Occasionally, a family who has
been contacted for the purposes of enrollment may no longer meet the income eligibility
requirements. When this happens, the reasons are fully explained by the PHA at the time of the
enrollment interview. Ineligible applicants may request an informal hearing.
Once on the waiting list, it is the applicant's responsibility to maintain their current address. Failure
to do so may result in removal from the waiting list. Updating of the applicant's address must be
done in writing or in person.
At the sole discretion of the City, a separate waiting list for the Section 8 Moderate Rehabilitation
Program may be established and maintained. Section 8 Moderate Rehabilitation Project owners must
select from applicants on the City of Miami waiting list (unless the waiting list is exhausted or the
property owner can demonstrate that waiting list applicants are not sufficiently meeting the property
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owners' selection criteria). Upon notice of a vacancy or prospective vacancy, the PHA shall refer
applicants whose housing unit size need and preference status snatches the available project -based
unit in the order in which they appear on the waiting list. The PHA is responsible for screening
applicants for program eligibility and the project owner is responsible for screening applicants for
suitability of tenancy.
Project -based tenants are permitted to apply to the PHA's Section 8 HCV waiting list. Program
rules; however, prohibit a Mod Rehab participant to move during the first year of their lease;
therefore, if the participant's name reaches the top of the HCV waiting list during this time frame,
the PHA will allow them to retain their place on the waiting list if their application number is passed
when pulling from the waiting list.
Families may also be absorbed directly into the program through portability if properly referred and
authorized.
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5.0 SUBSIDY STANDARDS AND BRIEFING
5.1 Bedroom Size Determinations (Subsidy Standards)
The PHA will issue a voucher for a particular bedroom size — the bedroom size is the factor in
determining the family's level of assistance. The following guidelines will detennine each family's
level of assistance. To avoid overcrowding and prevent waste of space and program funds, units
shall be leased in accordance with the subsidy standards set below.
Number of
Bedrooms
Number of Persons
Minimum I Maximum
0
1
1
�1
1
2
2
2
4
3
3
6
4
5
8
5
8
10
The family's unit size shall be detennined using the following criteria:
1. The bedroom size assigned shall provide for the smallest number of bedrooms needed to
house a family without overcrowding.
2. The bedroom size assigned shall not require more than two persons to occupy the same
bedroom.
3. The bedroom size assigned shall not require persons of the opposite sex other than an adult
couple to occupy the same bedroom with the exception of infants and very young children.
4. A family that consists of a pregnant woman only, and (no other persons), will be treated as a
two -person family.
5. Foster adults and children will not be required to share a bedroom with family members.
6. The family has the option to select a smaller -sized unit provided there is at least one bedroom
of appropriate size for each two persons in the household. (For example, a two-bedroom
voucher holder with a mother with an infant may select a one -bedroom unit.) For the Voucher
Program, the payment standard that is used for the family will be the lower of the subsidy
standard that the family qualifies for or the payment standard for the unit rented by the
family.
7. Live-in aides will get a separate bedroom; however, the PHA must certify the live-in aide. A
live -in -aide is defined by 24 CFR 813.102 as a person who resides with an elderly, disabled,
or handicapped person who:
a) is determined to be essential to the care and well-being of the person(s)-
b) is not obligated to support the person(s); and
c) would not be living in the unit except to provide necessary supportive services, which are
being provided through an "anus length transaction" (i.e. under a service contract),
supported with documentation.
8. Provided there is adequate documentation, a child who is temporarily away from the house
because of placement in foster care will be considered a member of the family for purposes of
detennining the family unit size.
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9. Regardless of the number of bedrooms stated on the voucher issued to the family, the PHA
will allow the family to rent an otherwise acceptable unit even if it is larger than the family
needs. The payment standard, however, is always the lower of the payment for the unit size
listed on the voucher or the payment standard for the size of the unit rented by the family.
10. The bedroom size assigned may be increased to a larger size than the family would ordinarily
need if there is a documented medical reason that adequately supports the need for a larger
size unit. The PHA will grant exceptions to the subsidy standards when a family requests a
larger size than the guidelines allow based on a documented medical reason.
5.2 Briefing of Families and Issuance of Housing Choice Voucher
If a person is detennined to be eligible by the PHA and is selected from the waitlist for participation,
the applicant will be notified of an orientation meeting.
When a family initially receives its Housing Choice Voucher, a full explanation of the following
shall be provided to assist the family in finding a suitable unit and to apprise the family of its
responsibilities and the responsibilities of the owner. See Attachment A for a listing of family
obligations and related PHA policies.
Full opportunity shall be provided to the families to ask questions and receive answers.
5.3 Orientation Packet
The Housing Choice Voucher Holder's packet shall include the following:
• The tenn of the voucher, and the PHA's policies on any extensions or suspensions of the
term. If the PHA allows extensions, the packet must explain how the family can request an
extension.
• A description of the method used to calculate the housing assistance payment for a family,
including how the PHA detennines the payment standard for a family, how the PHA
determines total tenant payment for a family, and infonnation on the payment standard and
utility allowance schedule.
• An explanation of how the PHA determines the maximum allowable rent for an assisted unit.
• Where the family may lease a unit. For a family that qualifies to lease a unit outside the PHA
J urisdiction under portability procedures, the information must include an explanation of how
portability works.
• The HUD -required tenancy addendum, which must be included in the lease.
• The fonn the family must use to request approval of tenancy, and a description of the
procedure for requesting approval for a tenancy.
• A statement of the PHA policy on providing information about families to prospective
owners.
• The PHA subsidy standards including when and how exceptions are made.
• The HUD brochure on how to select a unit.
• The HUD pamphlet on lead-based paint entitled Protect Your Family fi-om Lead in Your
Home.
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• Information on federal, state and local equal opportunity laws and a copy of the housing
discrimination complaint form.
• A list of landlords or other parties willing to lease to assisted families or help families find
units, especially outside areas of poverty or minority concentration.
• Notice that if the family includes a person with disabilities, the family may request a list of
available accessible units known to the PHA.
• The family obligations under the program, including any obligations of a welfare -to -work
family.
• The grounds on which the PHA may tenninate assistance for a participant family because of
family action or failure to act.
• PHA informal hearing procedures including when the PHA is required to offer a participant
family the opportunity for an infonnal hearing, and how to request the hearing.
• An explanation of how portability works, including a list of portability contact persons for
neighboring PHAs including names, addresses, and telephone numbers.
5.4 Information to be provided to Prospective Landlords
Selection of a family for participation in the voucher program is not a representation by the PHA of
the family's suitability for tenancy. Determining suitability for tenancy is the landlord's (owner's)
responsibility. Owners are permitted and encouraged to screen families on the basis of their tenancy
history. An owner may consider the following factors:
1. Payment of rent and utilities;
2. Care of their unit and premises;
3. Respect for the rights of other residents to the peaceful enjoyment of their housing;
4. Drug-related criminal activity or other criminal activity that threatens the health, safety, or
property of others (criminal convictions are a matter of public record); and
5. Compliance with other essential conditions of tenancy.
To assist the owner in obtaining this infonnation, the PHA will give prospective landlords, upon
request:
1. The family's current and prior addresses.
2. The name and address, if known by the PHA, of the prospective tenant's current and prior
landlord.
5.5 Assistance to Applicants and Participants Claiming Illegal
Discrimination
If families believe that they have been discriminated against on the basis of race, color, national
origin, sex, disability, or familial status, the PHA will offer to assist them in filling out HUD form
903 (The Housing Discrimination Complaint form). This form is included in the briefing packet or
available upon request. If the family request, the PHA will also forward the completed Housing
Discrimination Complaint fonn to the Department of Housing and Urban Development's Field
Office in Miami. The family will be informed of other available options to pursue a discrimination
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complaint including an appropriate referral to the Miami -Dade Equal Opportunity Board, the Florida
Commission on Human Relations, Housing Opportunities Project for Excellence, Inc. (H.O.P.E.)
and Legal Services of Greater Miaini.
The PHA may approve a request for extension or suspension of the tens of the family's Housing
Voucher if deemed necessary due to the complaint.
5.6 Term of the Housing Voucher
The Housing Choice Voucher shall expire at the end of sixty (60) days unless within that time the
family locates a housing unit approved by the PHA.
If the Housing Voucher expires or is about to expire, a family may submit a written request for an
extension. The PHA may grant one or more extensions, provided the PHA determines that the
family's failure to find a suitable unit is not due to the fault or lack of diligence of the family, based
on the following grounds:
1. As a reasonable accommodation on the basis of disability;
2. As a reasonable accommodation due to hospitalization of a family member or a family
member's illness over an extended period of time that has affected the family's ability to find
a unit within the initial 60 -day ten -n;
3. If the family has made consistent efforts to locate a unit, but has faced rental market
difficulties;
4. If the family requires a unit larger than 3 bedrooms; or
5. If the family has turned in a Request for Tenancy Approval prior to the expiration of the 60 -
day term but the unit has not passed Housing Quality Standard inspection.
The PHA may require that any extension that is granted on the term of the Housing Voucher be
supported by progress reports made by the family during the initial term of the voucher and the
PHA's review of overall rental market conditions.
The cumulative term of the voucher, however, may not be more than 120 days.
In the event that the voucher expires with or without an extension, the family must reapply when the
PHA re -opens the waiting list pre -application period. Families unable to lease up during the tern of
the voucher shall not be deemed ineligible for program assistance solely on the basis of their
inability to lease up during the period of time provided.
All vouchers are automatically suspended upon submission of a Request for Tenancy Approval. A
family may make a written request that the expiration period of their Housing Voucher be suspended
for other reasons, provided that the family can submit documentation, acceptable to the PHA that
after the voucher was issued circumstances occurred that halted its housing search as follows:
1. A family member became temporarily confined to a hospital, nursing home, etc.;
2. A documented medical reason that justifies the inability of the applicant to make use of the
Housing Voucher during that time period;
3. The applicant is admitted to a drug rehab or other rehab pro -gain;
4. Circumstances beyond the control of the family that are inhibiting the family's search.
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Requests will be reviewed on a case by case basis. A voucher will not be issued to a single
individual who cannot conduct a housing search in the first place, e.g., in the hospital or drug rehab.
Where such circumstances prevent a single person from accepting a housing voucher, it may be
"frozen" for up to one year, but not if the person is in prison. The suspension request cannot exceed
120 days.
The sixty-day period in which to locate suitable housing also applies in the event that the client
chooses to re -locate at the expiration of a lease tern. The client shall locate a new housing unit that
passes HQS within sixty days of submitting a request to move to the Section 8 Housing Specialist.
5.7 Assistance Provided to Families that Include Persons with Disabilities
The PHA will provide additional assistance on behalf families that include persons with disabilities
by attempting to collect a listing of available housing units that are handicap accessible units and
providing this information to the family. Additional time may be granted as outlined in the "tern of
the voucher" section and a higher payment standard may be granted (if possible) as a reasonable
accommodation due to a disability.
5.8 Expanding Housing Opportunities
The PHA will encourage participation by owners of units outside areas of poverty or minority
concentration. Outreach will be conducted on an ongoing basis by the PHA.
The booklet called "City of Miami, Section 8 Landlord Outreach Guide", providing an owners'
guide to the Housing Choice Voucher Program is available at the PHA's website and distributed to
all interested parties to answer questions and encourage owner participation in the program. In
addition, landlord workshops are to be conducted on a regular basis.
Voucher holders will be counseled regarding the benefits of choosing housing opportunities outside
areas of poverty and minority concentration. The PHA will make available information about job
opportunities, schools, services and maps and related information when briefing voucher holders.
The PHA briefing packet includes an explanation of how mobility and portability work and explains
how the PHA will assist in identifying a portability contact person in other jurisdictions.
The PHA will collect known available housing units offered by different landlords and will make
this information available for the Voucher -holders. When available, the PHA will refer clients to
agencies that will help support finding units outside areas of poverty or minority concentration.
5.9 Disapproval of Owner
The PHA will disapprove owners as required under regulations governing the Housing Choice
Voucher Program (24 CFR Part 982). In addition, the PHA reserves the right to deny approval to
lease a unit from an owner for any of the following reasons:
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
Paae 29 of 70
1. The owner has violated obligations under a housing assistance payment contract under
Section 8 of the 1937 Act.
2. The owner has committed fraud, bribery or any other corrupt or criminal act in connection
with any federal housing programs.
3. The owner has engaged in drug-trafficking or drug-related criminal activity or violent
criminal activity.
4. The owner has a history or practice of noncompliance with the HQS for units leased under
the tenant -based programs or with applicable housing standards for units leased with project -
based Section 8 assistance or leased under any other federal housing programs.
5. The owner has a history or practice of failing to tenninate tenancy of tenants of units assisted
under Section 8 or any other federally assisted housing program for activity by the tenant, any
member of the household, a guest or another person under the control of any member of the
household that: (i) Threatens the right to peaceful enjoyment of the premises by other
residents; (ii) Threatens the health or safety of other residents, the employees of the PHA, the
employees of the owner or other persons engaged in management of the housing; (iii)
Threatens the right to peaceful enjoyment of their residences, of persons residing in the
immediate vicinity of the premises; or (iv) Is drug-related criminal activity or violent criminal
activity.
6. The owner has a history or practice of renting units that fail to meet State or local housing
codes.
7. The owner has not paid State or local real estate taxes, fines or assessments.
5.10 Security Deposit
The owner may collect a security deposit from the tenant in an amount not in excess of amounts
charged in the private market practice and not in excess of amounts charged by the owner to
unassisted tenants.
When the tenant moves out of the dwelling unit, and subject to Florida law governing the rights and
obligations of landlords and tenants, the owner may use the security deposit, including interest on
the deposit, as reimbursement for any unpaid rent payable by the tenant for damages to the unit or
for other amounts the tenant owes under the lease.
Following the notice requirements imposed upon landlords under state law, the owner must give the
tenant a written list of all items charged against the security deposit and the amount of each itern.
After deducting the amount, if any, used to reimburse the owner, the owner must promptly refund
the full amount of the unused balance to the tenant.
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.
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6.0 RECERTIFICATION
Recertification means: making a determination that the client continues to meet the eligibility
criteria for the HCV program. Re -calculation of the client's share of the rent also takes place during
recertification. This process focuses on income eligibility as changes in income or household
composition.
Coordination of recertification and lease tenn: Federal regulations also require that assisted housing
units be inspected on an annual basis to ensure compliance with the program's housing standards.
As a result of the annual inspection process, the client may have to locate and move into a new unit
if their current landlord is unable or unwilling to make the necessary repairs to the unit'. On the
other hand, a client may wish to move to a new unit, making re -inspection of their current unit a
unnecessary use of resources. Therefore, re -verification of housing income and annual housing
inspection are coordinated to take place at the same time once a year to minimize disruption to the
client and to the program. Accordingly, lease teens also should be tinged with this recertification.
This also pen -nits recalculation of the client's share of rent in light of rent increases or moves during
the same period that a household's income is re -verified.
6.1 Client Notification of Recertification Appointment
a) Tinting of Client Notification of Recertification Appointment.
The City of Miami commences the annual recertification of income and family composition process
ninety (90) days before the client's re -certification deadline. The PHA shall notify the client of the
pending recertification at least 90 — 120 days in advance of the scheduled annual recertification
date. At that time, the provider shall give the client a recertification appointment, which shall take
place fifteen days from the date of the notice. If the client has a conflict with the scheduled
appointment time, he/she may notify the provider and reschedule it. The Recertification Notice
shall explain that clients under the HCV program must be recertified at least annually and failure to
comply may result in tennination of assistance.
b) Client Notification of Annuallnspection:
Housing inspections and paperwork required of third parties (landlords) can take time. To ensure
that clients are re -certified as required under federal regulations, the Housing Inspection Unit must
commence the inspection process 120 days from the re -certification deadline.
Intent to move during recertification period:
In the event that the client intends to look for another unit, the client is required to submit a
written request to move ("Request to Move") at least 15 days of the annual inspection
notice and such request must be approved by the PHA. Families are prohibited from
moving during the initial twelve months of their lease for the assisted unit. Thereafter,
families are limited to one move during any twelve month period. A request to move shall
only be approved under the following circumstances:
1 Moderate Rehab scenarios may be treated differently
Page 31 of 70
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
The lease has been terminated because the PHA has terminated the HAP contract for
the owner's breach or by mutual agreement of the owner and tenant;
The family has received a notice to vacate the premises or the owner has secured
court authority to evict the family; or
The family has given the owner notice of lease termination if such right is afforded
under the lease (the family must send notice to the PHA at the same time); or
The City of Miami may deny permission to move if.
■ The family has violated a family obligation;
■ The family owes the city money; or
■ The family owes the landlord money.
Exceptions to Move Po1_icy: The PHA may grant an exception to these restrictions in an
emergency situation or if the family meets a special circumstances and at the sole discretion
to the PHA. The PHA may also grant an exception if the family becomes overcrowded, as
defined by HUD's HQS standards, or if the apartment has two consecutive HQS failures
attributed to the responsibility of the landlord.
The Housing Specialist shall review the housing search and move -in procedures with the
client during the Re -Certification appointment.
The authorized Request to Move shall be mailed to the client, with copy for the file, noting
that the client's sixty-day housing search period commences on the date of the Request's
approval of the Request to Move. The approved Request shall also incorporate a reminder
of the client's obligations under the program rules and the terns of the lease to: (i) not
abandon the unit while the lease is in effect; (ii) continue to make monthly rent payments as
required under the lease addendum; and (iii) provide the landlord with notice of the client's
intent to vacate the unit upon expiration of the lease at least thirty days in advance or earlier
as may be required under the lease.
c) Date of Recertification:
The client's recertification completion date shall be the first day of the month in which
recertification was completed by the Housing Specialist. The next recertification must take place
within twelve months of that date.
6.2 Alissed Recertification Appointment
If no response from the client is received within fifteen (15) days of the.initial written notice of
pending recertification and appointment and fails to attend the recertification appointment, the PHA
shall be required to conduct a diligent search for the client. The steps to take are as follows:
On the day of the missed appointment, the Housing Specialist shall send the client a
certified letter noting the client's failure to attend the appointment or reschedule the
appointment; setting a new appointment fifteen (15) days from the date of the letter and
providing notice that assistance will be subject to termination if the client fails to meet with
the Housing Specialist.
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ii. Within the next fifteen (15) days, the following documented attempts at contact are to be
made until contact is accomplished or methods of attempted contact below are exhausted:
a) Two phone contact attempts;
b) The Housing Specialist shall conduct a home visit.
iii. If the client does not contact the provider within fifteen (15) days of the second written
notice of pending recertification, termination of the HCV (or Mod Rehab) shall be initiated.
Any request for assistance made after a case is closed shall be considered a new
application.
iv. All communications shall be documented in the client's file.
6.3 Reasonable Accommodation during Certification and Recertification
a) Face -to face Appointments
The client who is mobile and able to travel shall be requested to meet at the PHA in order to
conduct the recertification appointment.
b) Homebound Clients
The client who is homebound shall be scheduled for an in-home recertification appointment.
Definition of Homebound Client.- The client is defined as homebound if there is a physical
and/or mental incapacity which prevents the client from reporting to the PHA for an
appointment to apply for or maintain assistance. Homebound status may be temporary or
permanent. Lack of personal transportation is not cause for in-home recertification.
Homebound status shall be confined by a medical provider, home care, or homemaking
agency, which shall be documented in the Housing Specialist's case notes. If the client
contacts the PHA provider to reschedule the appointment due to an illness, temporary or
permanent, medical confination is not needed.
6.4 Verification of Income and Determination of Total Tenant Payment
Verification of income will be obtained by either third -party verification or using documentation
provided directly by clients.
Accuracy of the calculations of Total Tenant Payments is ensured through the following methods;
computer software is programmed to make correct calculations of entered data. The PHA has
Housing Specialist(s) who review calculations of all executed HAP contracts, as well as auditing a
random sampling of case files to ascertain, among other things, that the Total Tenant Payment is
calculated accurately.
Verification of income and determination of Total Tenant Payment will follow program regulations
as identified in 24 CFR Part 982 and other applicable HUD regulations with the exception of the
policies and procedures identified below.
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6.5 Interim Reexaminations of Income and household Composition
All interim changes in family income or household composition must be reported to the PHA within
thirty days of the occurrence. The PHA must conduct an interim reexamination when the family
reports reduction of income or zero income. Any change resulting from an interim reexamination
will become effective the month following the reexamination. If changes of income occur
frequently, the housing agency reserves the right to review household income changes in tenns of a
yearly average so as to excuse program participants from excessive reporting.
Households must obtain the PHA's approval for allowing any additional family member to the
household composition before the new member occupies the unit. The PHA maintains the right to
tenninate assistance to the family for failure to report change in family composition.
6.6 Minimum Rent
The PHA elects not to impose a minimum rent based on the fact that the majority of clients (if not
all) claiming zero income meet the financial hardship exception categories identified below.
OHIN7R4 established certain exemptions to the minimum rent requirements for hardship
circumstances. Section 3( a)( 3)( B) of the USHA generally states that financial hardship includes
the following situations: (1) the family has lost eligibility determinations for a Federal. State, or
local assistance program: (2) the family would be evicted as a result of the imposition of the
minimum rent requirement: (3) the income of the family has decreased because of changed
circumstances, including loss of employment; (4) a death in the family has occurred; and (5) other
circumstances detennined by the PHA or HUD.
Families or individuals claiming zero income must provide certification of such fact and will need to
report income status quarterly.
6.7 Termination of Assistance upon 180 Days of Zero HAP Payment
A family is eligible for HCV rental assistance as lona as the tenant portion of the rent does not
exceed the Contract Rent. If, upon annual or interum recertification, the tenant rent now exceeds or
equals the total rent for the unit, the family can stay in the HCV Prograin for 180 calendar days at
zero assistance. (The PHA is no longer snaking any payment to the landlord). At the end of the 180
days, the family's rental assistance is terminated, as is the HAP contract with the landlord. If during
the 180 -day period, the family's income decreases, a new recertification would be completed and
assistance may again be paid.
A family can leave the Rental Assistance Program at any time, but the PHA must be notified in
writing so that no further payments are made to the landlord. Once a family leaves the program,
they must reapply in order to participate again.
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7.0 INSPECTION POLICIES
7.1 housing Quality Standards and Inspections
The PHA will use the guidelines delineated in 24 CFR 982.401 as the appropriate Housing Quality
Standards.
Before approving a lease, the PHA shall inspect the unit for compliance with the Housing Quality
Standards. The inspection will be made as quickly as possible, but no later than five (5) days after
the owner's request.
If there are violations that must be corrected in order for the unit to be decent, safe and sanitary, the
PHA will advise both the owner and tenant of the work required to be done. Such work must be
completed within thirty (30) days. The unit will be re -inspected to ascertain that necessary work
has been performed and that the unit meets the Housing Quality Standards before a contract is
executed. The PHA resen7es the right to limit the number of opportunities for such re -inspection,
particularly of units desired, but not currently occupied, by a voucher holder.
The Director, or designee, maintains a report to monitor Housing Quality Standards violations and
the noncompliance sanctions.
7.2 Deteriorated Paint Surfaces
All painted surfaces of all buildings used or intended to be used, in whole or part for human
habitation shall be kept free of deteriorated paint surfaces. Deteriorated paint surfaces is defined as
any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any
paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or
separated from the substrate.
All deteriorated paint must be stabilized or abated, even if the property is exempt under the Lead -
Based Paint Poisoning Prevention Act (42 U. S. C. 4821-4846), the Residential Lead -Based Paint
Hazard Reduction Act of 1992 (42 U. S. C. 4851-4856), and part 35, subparts A, B, M, and R of
Code of Federal Regulations (CFR).
Property with deteriorated paint that is specifically exempt from part 35, subparts A, B, M, and R of
the Code of Federal Regulations (i. e. Property inhere all occupants are age 6 or older; propert)% that
is built after Jammy 1, 1978; Property that has zero bedrooms; Propertj% where all lead-based paint
has been removed or the property has beerz found to be free of lead-based pab?t by a certified lead-
based paint i77specto7), will not require a clearance examination but will still need to be stabilized or
abated according to "safe work practices".
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8.0 RENT AND HOUSING ASSISTANCE PAYMENTS
8.1 Payment Standards
The PHA will set up an applicable payment standard schedule between 90% and 110% of the
published FMR for each bedroom size in accordance with HUD regulations. The PHA may establish
an adjustment standard schedule on an annual basis (prior to FMR increases) in order to assure
continued affordability for participating families.
The following factors will be considered in the assessment of the adequacy of the payment standard:
Success mates ofprogram participants: The PHA will review the number of voucher holders
whose vouchers expire without having a leased unit. The PHA will review the average time
required for voucher holders to find units.
2. Availability of suitable vacant units with rent below the payment standards (Rent Survey
data): The PHA will review its rent reasonableness data, vacancy rate data, and other
relevant information to determine whether there is an ample supply of vacant units with
rents below the payment standard amounts in each bedroom category.
3. Re77t burdens ofprogram participants: The PHA will review the percentage of income
voucher families use to pay rent to determine the extent to which rent burdens exceed 30
percent of income.
4. Availability ofgreater housing choices: The PHA will review the availability of greater
housing choices for voucher holders.
The PHA will also review, on a case by case basis, applying a higher payment standard within the
basic range as a reasonable accommodation for a family with a family member with disabilities.
8.2 Review and Adjustment of Allowances for Utilities
The PHA shall, at least annually, determine whether there has been a substantial change in utility
rates or other charges of general applicability and whether an adjustment is required in the allowance
for utilities and other services by reason of such change or because of errors in the original
detenmination. The procedure for this determination shall be as follows:
The PHA will collect Utility Allowance schedules from the Miami -Dade Housing Agency (the PHA
for Miami -Dade County) or other housing authorities within the county to review ongoing rates
currently in use. The PHA will request estimates and actual data from utility companies and
program participants to compare with other utility allowance schedules. After reviewing the
aforementioned data, decisions will be made to determine if the utility allowance schedule needs to
be adjusted. If the PHA detennines that an adjustment should be made, the PHA shall snake the
necessary modifications taking into account the size of the dwelling unit and other pertinent factors.
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8.3 Rent Reasonableness
Rent Reasonableness will be detennined using the following method: Rent is reviewed at initial
lease -up, as well as upon an owner's request for a rent increase, to determine whether it is
reasonable in relation to rents currently being charged for other comparable unassisted units in the
private market.
Initial rents and rent increase requests will be reviewed for reasonableness by referring to the PHA's
methodology for obtaining rental survey data for appropriateness. The location, quality, size, unit
type and age of the contract unit shall be considered when making this determination. The amenities,
housing services, maintenance and utilities to be provided by the owner under the lease shall also be
considered. If the rent is deemed unreasonable, the PHA may provide the owner with a reasonable
rental amount based on the complied rental survey data. If the owner disputes the PHA's
determination the owner may be afforded the opportunity to provide additional rental survey data
that supports the rent that is being requested. The owner's submission of rental sun°ey information
does not ensure approval of the requested rent. The PHA will determine the rent based on the best
rental survey data that is available. The PHA reserves the right to request and obtain information on
the rents being charged by the owner for other units in the premises or elsewhere.
If the compiled rental survey data does not a have a comparable unit by location, quality, size, or
unit type, then the next best comparable unit from the compiled rental survey data may be used to
support the approved rent.
8.4 Annual Review of Family Circumstances, Rents, Utilities and Housing
Quality Standards
The PHA's Director, or designee, assigns annual re-examinations three (3) months prior to each
lease anniversary date, based on a computer generated monthly report intended for such purposes.
The PHA's Housing Specialist(s) thereby have sufficient opportunity to notify, in writing, both the
owner and the tenant. Should either party have issues to resolve there is then adequate time to
explore the issues, and to work toward their resolution prior to the expiration of the lease.
Changes in tenant income are processed upon verification throughout the lease tern. All tenants who
report zero income are asked to certify their income status at least every three months.
A family is eligible for HCV rental assistance as long as the tenant portion of the rent does not
exceed the Contract Rent. If, upon annual or interim recertification, the tenant rent now exceeds or
equals the total rent for the unit, the farnily can stay in the HCV Program for 180 calendar days at
zero assistance. (The PHA is no longer making any payment to the landlord). At the end of the 180
days, the family's rental assistance is terminated, as is the HAP contract with the landlord. If during
the 180 -day period, the family's income decreases, a new recertification would be completed and
assistance may again be paid.
A family can leave the Rental Assistance Program at any time, but the PHA must be notified in
writing so that no further payments are made to the landlord. Once a family leaves the program,
they must reapply in order to participate again.
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As detailed above, the PHA will assign new cases, as well as annual recertification, to Housing
Specialist(s). The Housing Specialist determines tenants continued eligibility and payment amounts.
Re -inspection of the assisted unit is initiated four (4) months in advance of each lease anniversary
date and may be requested at any time by the tenant or owner.
At annual re -inspections or during the lease tern, should the housing fail an inspection, the
following will occur:
The owner is notified in writing as to the deficiencies. The owner is given thirty (30) days in
which to make the necessary repairs. If the deficiencies are serious the family is issued a
new Voucher and advised to relocate.
Housing Specialists may initiate abatement of all or part of the housing assistance payment
if the owner fails to correct HQS deficiencies in the time period allowed in accordance with
HUD regulations governing abatement practices.
The Director, or designee, maintains a record of all requested repairs and a report to monitor HQS
violations and the noncompliance sanctions. The completion dates are monitored monthly to
ensure that re -inspection deadlines are met or, if not, the appropriate administrative sanctions are
taken. Before monthly housing assistance payments are made, all repairs that are requested are
reviewed to ensure that the Housing Specialist(s) follow through on administrative sanctions.
8.5 Family Break -Up
In the event that a family break-up occurs in an assisted household, the PHA will review the
following factors to determine, at its discretion, which members of the family will continue to
receive assistance in the program:
What is in the best interest of minor children or ill, elderly or disabled family members.
2. Whether family members are forced to leave the unit as a result of actual or threatened
physical violence against family members by a spouse or other member of the household.
Which family member has recognized custody of minor children in the family.
8.6 Absence from Unit
The family may be absent from the unit for brief periods. For longer absences the following PHA
policy shall apply:
Absence is defined as no family member residing in the unit. Family members may not be absent
from the unit for a period of more than thirty (30) consecutive calendar days. If the family will be
absent from the unit for more than thirty (30) days, the family shall promptly notify both the PHA
and the owner in writing and obtain the PHA's approval. The PHA will require the family to
document the reason for the extended absence.
To obtain the PHA's approval, the family must:
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1. Comply with the notice requirements above;
2. Provide documentation acceptable to the PHA regarding the length of the absence and the
reason for the absence;
3. Affirm their intent to return to the unit at the end of the leave period;
4. Agree to be responsible for receiving and responding to all notices sent by the PHA to the
unit during the period of absence;
5. Pay rent to the owner and pay for utilities while the family is absent;
6. Make arrangements for PHA's inspection of the unit as necessary.
If the above vrocedure is not followed, the unit will be considered abandoned and termination of
Housing Assistance Pavments will commence. The term of the HAP Contract and the assisted lease
also will terminate. The PHA reserves the right to consider special circumstances (such as absence
due to hospitalization, medical emergency, etc.) as a basis to determine whether the PHA may want
to allow a resumption of assistance to the family. The family must supply any information requested
by the PHA to verify the special circumstances.
In no event shall the absence be for a period greater than ninety (90) days. Absences are pennitted
for:
Hospitalization;
2. Commitment to short-tenn drug or alcohol treatment;
3. Verifiable family illness or other family emeraencv:
4. Other reasons to be determined by the PHA.
Imprisonment is not a valid reason for an absence and if imprisonment resulted from drug related or
criminal activity, the participant may be terminated under the tennination policy.
The PHA conducts a random mailing to a sample of all program participants to verify continued
occupancy.
8.7 Payment of Monies Owed by the Owner or Family to the PHA.
The PHA staff must report all cases of suspected overpayments of program funds to the Director, or
designee. In every case, efforts will be undertaken to recover actual overpayments. The money may
be recovered by withholding future HAP or utility payments, or by written mutual agreement to a
repayment schedule approved by the Program Management. A monthly Accounts Receivable
Report, which tracks all such activity, is generated by the finance coordinator for the program and
available for review by the Program Management staff.
If reasonable efforts do not result in repayment, the Pro -gain Management will re-evaluate each
account for referral for legal action «here appropriate.
Accounts receivable procedures for Payments made to a landlord for damages, unpaid rent or
vacancy reimbursement or overpayments made on behalf of a tenant.
Cancelled or inactive tenants -for tenants who owe money and whose rental assistance
benefits have been terminated either voluntarily or involuntarily the following will occur:
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The amount that the tenant owes will be maintained in the tenant's permanent file for future
reference. Clients cannot reapply without paying money owed in full or entering into a
repayment schedule if offered to them. If other Housing Authorities request status
information, balance owed will be reported.
Active tenants -for tenants on the program who owe money as a result of payments being
made on their behalf for damages, unpaid rent or vacancy reimbursement or overpayments
the following will occur: Clients will enter into a repayment agreement for the amount of the
monies owed. The terms and conditions of the payment schedule will be based on a
reasonable standard. Tenant's name, allocation code, and the amount owed is entered onto
the "Active Tenants with Damages Report". This report is updated monthly to identify
delinquent accounts for subsequent mailing notices. Tenant's narne and the total amount
owed is entered into the Accounts Receivable computer program.
Failure to cure a breach of the repayment agreement will result in the termination of program
assistance.
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9.0 SPECIAL HOUSING
The PHA shall allow for special housing types as set forth in 24 CFR Part 982 and shall follow the
regulations set forth under s. 982.601 through s. 982.64.
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10.0 TERMINATION OF ASSISTANCE TO THE FAMILY
HUD regulations specify the reasons for which a PHA can tenninate a family's assistance, and the
ways in which such terminations must take place. They also dictate the circumstances under which
an owner may terminate the tenancy of an assisted family. This chapter presents the policies that
govern voluntary and involuntary tenninations of assistance, and termination of tenancy by the
owner. It is presented in three parts;
Part I: Grounds for Tenmination of Assistance. This part discusses various reasons a family's
assistance may be terminated, including voluntary tennination by the family, termination because
the family no longer qualifies to receive subsidy, and tennination by the PHA based on the family's
behavior.
Part II: Approach to Termination of Assistance. This part describes the policies that govern how an
involuntary termination takes place. It specifies the alternatives that the PHA may consider in lieu
of termination, the criteria the PHA must use when deciding what action to take, and the steps the
PHA must take when terminating a family's assistance.
Part III: Termination of Tenancv by the Owner. This part presents the policies that govern the
owner's right to tenninate an assisted tenancy.
10.1 Grounds for Termination of Assistance
10.1.A Ovendew
HUD requires the PHA to terminate assistance for certain offenses and when the family no longer
requires assistance. HUD permits the PHA to terminate assistance for certain other actions family
members take or fail to take. In addition, a family may decide to stop receiving HCV assistance at
any tune by notifying the PHA. The PHA requires families participating in the HCV/ Moderate
Rehabilitation programs to adhere to the Statement of Family's Obligations as stipulated in
Attachment A of this Administrative Plan.
10.13 Family No Longer Requires Assistance [24 CFR 982.4551
As a family's income increases, the amount of PHA subsidy goes down. If the amount of HCV
assistance provided by the PHA drops to zero and remains at zero for 180 consecutive calendar
days, the family's assistance terminates automatically.
PHA Policv
If a participating family receiving zero assistance experiences a change in circumstances that would
cause the HAP payment to rise above zero, the family must notify the FHA of the changed
circumstances and request an interim reexamination before the expiration of the 180 -day period.
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10.1.0 Family Chooses to Terminate Assistance
The family may request that the PHA terminate the family's assistance at any time.
PHA Policv
The request to terminate assistance should be made in writing and signed by the head of household,
spouse, or co-head. Before terminating the family's assistance, the PHA will follow the notice
requirements in Section 10.2.F
10.I.1) Mandatory Termination of Assistance
HUD requires the PHA to terminate assistance in the following circumstances:
➢ Eviction
[24 CFR 982.552(b)(2), Pub.L. 109-1621
The PHA must terminate assistance whenever a family is evicted from a unit assisted under
the HCV program for a serious or repeated violation of the lease. Incidents of actual or
threatened violence, dating violence, or stalking may not be construed as serious or repeated
violations of the lease by the victim or threatened victim of such violence or stalking.
PHA Policv
A family will be considered evicted if the family moves after a legal eviction order has been
issued, whether or not physical enforcement of the order was necessary.
If a family moves after the owner has given the family an eviction notice for serious or
repeated lease violations but before a legal eviction order has been issued, termination of
assistance is not mandatory. However, the PHA will determine whether the family has
committed serious or repeated violations of the lease based on available evidence and may
terminate assistance or take any of the alternative measures described in Section 10.2.0 and
other factors as described in Sections 10.2.E. Upon consideration of such alternatives and
factors, the PHA may, on a case-by-case basis, choose not to terminate assistance.
Serious and repeated lease violations include, but are not limited to, nonpayment of rent,
disturbance of neighbors, destruction of property, or living or housekeeping habits that cause
damage to the unit or premises and criminal activity. Generally, the criterion to be used is
whether the reason for the eviction was through no fault of the tenant or guests.
➢ Failure to Provide Consent
[24 CFR 982.552(b)(3)1
The PHA must terminate assistance if any family member fails to sign and submit any
consent form they are required to sign for reexamination.
;;, Failure to Document Citizenship [24 CFR 982.552(b)(4) and [24 CFR 5.514(c)1
The PHA must terminate assistance if (1) a family fails to submit required documentation
within the required timeframe concerning any family member's citizenship or immigration
status; (2) a family submits evidence of citizenship and eligible immigration status in a timely
manner, but the United States Citizenship and Immigration Services ("USCIS") primary and
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secondary verification does not verify eligible immigration status of the family; or (3) a
family member, as determined by the PHA, has knowingly pennitted another individual who
ZD
is not eligible for assistance to reside (on a permanent basis) in the unit.
For (3) above, such tennination must be for a period of at least 24 months. This does not
apply to ineligible noncitizens already in the household where the family's assistance has
been prorated.
Failure to Provide Social Security Documentation [24 CFR 5.2]8(c)]
The PHA must tenninate assistance if a participant family fails to provide the documentation
or certification required for any family member «Aho obtains a social security number, joins
the family, or reaches 6 years of age.
;�- Metlhairrphetairtirre 3fanufactur-irag or Productiorx [24 CFR 982.333(b)(I)(ii)]
The PHA must tenninate assistance if any household member has ever been convicted of the
manufacture or production of methamphetamine on the premises of federally -assisted
housing.
Failure of Students to Meet Ongoing Eligibility) Requirements
[24 CFR 982.552(b)(5) and FR 4/10106]
If a student enrolled at an institution of higher education is under the age of 24, is not a
veteran, is not married, does not have dependent children, and is not residing with his/her
parents in an HCV assisted household, the PHA must terminate the student's assistance if, at
the time of reexamination, either the student's income or the income of the student's parents
(if applicable) exceeds the applicable income limit.
If a participant household consists of both eligible and ineligible students, the eligible
students shall not be terminated, but must be issued a voucher to move with continued
assistance in accordance with program regulations and PHA policies, or must be given the
opportunity to lease the place if the terminated ineligible student members elect to move out
of the assisted unit.
10.1.E 'Mandatory Policies and Other Authorized Terminations
> Mandatory Policies
[24 CFR 982.553(b) and 982.55](1)]
HUD requires the PHA to establish policies that permit the PHA to terminate assistance if the
PHA determines that:
■ Any household member is currently engaged in any illegal use of a drug, or has a pattern
of illegal drug use that interferes with the health, safety, or right to peaceful enjoyment of
the premises by other residents;
• Any household member's abuse or pattern of abuse of alcohol may threaten the health,
safety, or right to peaceful enjoyment of the premises by other residents;
■ Any household member has violated the family's obligation not to engage in any drug-
related criminal activity;
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■ Any household member has violated the family's obligation not to engage in violent
criminal activity. V
> Use of Illegal Drugs and Alcohol Abuse
PHA Policy
The PHA will tenninate a family's assistance if any household member is currently engaged
in any illegal use of a drug, or has a pattern of illegal drug use that interferes with the health,
safety, or right to peaceful enjoyment of the premises by other residents.
The PHA will terminate assistance if any household member's abuse or pattern of abuse of
alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other
residents.
Currently engaged in is defined as any use of illegal drugs during the previous six months.
The PHA will consider all credible evidence, including but not limited to, any record of
arrests, convictions, or eviction of household members related to the use of illegal drugs or
abuse of alcohol.
In making its decision to terminate assistance, the PHA will consider alternatives as described
in Section 10.2.0 and other factors described in Section 10.2.D. Upon consideration of such
alternatives and factors, the PHA may, on a case-by-case basis, choose not to terminate
assistance.
> Drug -Related and Violent Criminal Activity
[24 CFR 5.100]
Drug means a controlled substance as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802).
Drug-related criminal activij; is defined by HUD as the illegal manufacture, sale,
distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell,
distribute or use the drug.
Violent criminal activity means any criminal activity that has as one of its elements the use,
attempted use, or threatened use of physical force substantial enough to cause, or be
reasonably likely to cause, serious bodily injury or property damage.
PHA Policy
The PHA will tenninate a family's assistance if any household me nber has violated the
family's obligation not to engage in any drug-related or violent criminal activity during
participation in the HCV program.
The PHA will consider all credible evidence, including but not limited to, any record of
arrests and/or convictions of household members related to drug-related or violent criminal
activity, and any eviction or notice to evict based on drug-related or violent criminal activity.
In making its decision to terminate assistance, the PHA will consider alternatives as described
in Section 10.2.0 and other factors described in Section 10.2.D. Upon consideration of such
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alternatives and factors, the PHA may, on a case-by-case basis, choose not to terminate
assistance.
> OtherAuthorizedReasonsforTermination of.Assistance
[24 CFR 982.552(c), Pub.L. 109-162]
HUD permits the PHA to terminate assistance under a number of other circumstances. It is
left to the discretion of the PHA whether such circumstances in general warrant consideration
for the termination of assistance. The Violence Against Women Reauthorization Act of 2005
explicitly prohibits PHAs from considering incidents or actual threatened domestic violence,
dating violence, or stalking as reasons for terminating the assistance of a victim of such
violence.
PHA Policy
The PHA will not terminate a family's assistance because of the family's failure to meet its
obligations under the Family Self -Sufficiency program.
The PHA Adll tenninate a family's assistance if:
■ The family has failed to comply with any family obligations under the program. See
Attachment A for a listing of family obligations and related PHA policies.
■ Any family member has been evicted from federally -assisted housing in the last five
years.
• Any PHA has ever terminated assistance under the program for any member of the
family.
■ Any family member has committed fraud, bribery, or any other corrupt or criminal act in
connection with any federal housing program.
■ The family currently owes rent or other amounts to any PHA in connection with the
HCV, Certificate, Moderate Rehabilitation or public housing programs.
■ The family has not reimbursed any PHA for amounts the PHA paid to an owner under a
HAP contract for rent, damages to the unit, or other amounts owed by the family under
the lease.
■ The family has breached the terns of a repayment agreement entered into with the PHA.
• A family member has engaged in or threatened violent or abusive behavior toward PHA
personnel:
➢ Abusive or violent behavior towards PHA personnel includes verbal as well as
physical abuse or violence. Use of racial epithets, or other language, written or oral,
that is customarily used to intimidate may be considered abusive or violent
behavior.
a Threatening refers to oral or written threats or physical gestures that communicate
intent to abuse or commit violence.
■ In making its decision to terminate assistance, the PHA will consider alternatives as
described in Section 10.2.C. and other factors described in Section 10.2.1), and
Section 10.2.E. Upon consideration of such alternatives and factors, the PHA may, on
a case-by-case basis, choose not to terminate assistance.
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Family Absence from the Unit
(24 CFR 982.312]
The family may be absent from the unit for brief periods. The PHA must establish a policy on
how long the family may be absent from the assisted unit. However, the family may not be
absent from the unit for a period of more than 180 consecutive calendar days for any reason.
Absence in this context means that no member of the family is residing in the unit. Please
refer to 8.6 for PHA policy
PHA Policv
Absence is defined as no family member residing in the unit. Family members may not be
absent from the unit for a period of more than thirty (30) consecutive calendar days. If the
family will be absent from the unit for more than thirty (3 0) days, the family shall promptly
notify both the PHA and the owner in writing and obtain the PHA's approval. The PHA will
require the family to document the reason for the extended absence. If the family is absent
from the unit for more than 30 consecutive calendar days, the family's assistance will be
terminated. Notice of termination will be sent in accordance with Section 10.2. E.
Insufficient Funding
X24 CFR 982.4541
The PHA may terminate HAP contracts if the PHA determines, in accordance with HUD
requirements, that funding under the consolidated ACC is insufficient to support continued
assistance for families in the program.
PHA Policv
The PHA will determine whether there is sufficient funding to pay for currently assisted
families according to HCV policies in place. If the PHA determines there is a shortage of
funding, prior to terminating any HAP contracts, the PHA will determine if any other actions
can be taken to reduce program costs. If, after implementing all reasonable cost cutting
measures, there is not enough funding available to provide continued assistance for current
participants, the PHA will terminate HAP contracts as a last resort.
Prior to terminating any HAP contracts, the PHA Nvill inform the local HUD field office. The
PHA will tenninate the minimum number needed in order to reduce HAP costs to a level
within the PHA's annual budget authority.
10.2 Approach to Termination of Assistance
10.2.A Overview
The PHA is required by regulation to terminate a family's assistance if certain program rules are
violated. For other types of offenses, the regulations give the PHA the discretion to either terminate
the family's assistance or to take another action. This part discusses the various actions the PHA
may choose to take when it has discretion, and outlines the criteria the PHA will use to make its
decision about whether or not to terminate assistance. It also specifies the requirements for the
notice that must be provided before terminating assistance.
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10.2.B Method Of Termination [24 CFR 982552(a)(3)]
The way in which the PHA terminates assistance depends upon individual circumstances. HUD
pennits the PHA to tenninate assistance by:
■ Terminating housing assistance payments under a current HAP contract,
o Refusing to approve a request for tenancy or to enter into a new HAP contract, or
■ Refusing to process a request for or to provide assistance under portability procedures.
10.2.0 Alternatives To Termination Of Assistance
Chance in Household Composition
As a condition of continued assistance, the PHA may require that any household member
who participated in, or was responsible for, an offense no longer resides in the unit [24 CFR
982.552(c)(2)(11)].
PHA Policv
As a condition of continued assistance, the head of household must certify that the culpable
family member has vacated the unit and will not be pennitted to visit or to stay as a guest in
the assisted unit. The family must present evidence of the former family member's current
address upon PHA request.
? Repayment of Family Debts
PHA Policv
If a family owes amounts to the PHA, as a condition of continued assistance, the PHA will
require the family to repay the full amount or to enter into a repayment agreement, within 30
days of receiving notice from the PHA of the amount owed.
10.2.D Criteria for Deciding To Terminate Assistance
Evidence
For criminal activity, HUD permits the PHA to terminate assistance if a preponderance of the
evidence indicates that a household member has engaged in the activity, regardless of
whether the household member has been arrested or convicted [24 CFR 982.553(c)].
PHA Policv
The PHA will use preponderance of the evidence as the standard for making all tennination
decisions.
Preponderance of the evidence is defined as evidence which is of greater weight or more
convincing than the evidence which is offered in opposition to it; that is, evidence which as a
whole shows that the fact sought to be proved is more probable than not. Preponderance of
the evidence may not be determined by the number of witnesses, but by the greater weight of
all evidence.
Consideration of Circumstances
[24 CFR 982.552(c) (2) (i))
The PHA is permitted, but not required, to consider all relevant circumstances when
determining whether a family's assistance should be tenninated.
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PHA Policy
The PHA will consider the following factors when making its decision to terminate
assistance:
■ The seriousness of the case, especially with respect to how it would affect other
residents.
■ The effects that termination of assistance may have on other members of the family
who were not involved in the action or failure.
■ The extent of participation or culpability of individual family members, including
whether the culpable family member is a minor or a person with disabilities or
(as discussed further in section 12-ILE) a victim of domestic violence, dating
violence, or stalking.
■ The length of time since the violation occurred, the family's recent history and the
likelihood of favorable conduct in the future.
• In the case of drug or alcohol abuse, whether the culpable household member is
participating in or has successfully completed a supervised drug or alcohol
rehabilitation program or has otherwise been rehabilitated successfully.
e The PHA will require the participant to submit evidence of the household member's
current participation in or successful completion of a supervised drug or alcohol
rehabilitation program, or evidence of otherwise having been rehabilitated
successfully.
■ In the case of program abuse, the dollar amount of the overpaid assistance and
whether or not a false certification was signed by the family.
ReasonableAccommodatiorz [24 CFR 982.552(c)(2)(iv)J
If the family includes a person with disabilities, the PHA's decision to terminate the family's
assistance is subject to consideration of reasonable accommodation in accordance with 24
CFR Part 8.
PHA Policy
If a family indicates that the behavior of a family member with a disability is the reason for a
proposed termination of assistance, the PHA will detenmine whether the behavior is related to
the disability. If so, upon the family's request, the PHA will detenmine whether alternative
measures are appropriate as a reasonable accommodation. The PHA will only consider
accoiminodations that can reasonably be expected to address the behavior that is the basis of
the proposed termination of assistance.
10.2.E Terminating the Assistance of Domestic Violence, Dating Violence, Or Stalking
Victims and Perpetrators [Pub.L. 109-162, Pub.L. 109-271]
The Violence Against Women Reauthorization Act of 200 ("VAWA") provides that "criminal
activity directly relating to domestic violence, dating violence, or stalking, engaged in by a member
of a tenant's household or any guest or other person under the tenant's control shall not be a cause
for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of
the tenant's family is the victim or threatened victim of that domestic violence, dating violence, or
stalking."
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VAWA also gives PHAs the authority to "terminate assistance to any individual who is a tenant or
lawful occupant and who engages in criminal acts of physical violence against family members or
others, without evicting, removing, terminating assistance to, or otherwise penalizing the victim of
such violence who is also a tenant or lawful occupant."
VAWA does not limit the authority of the PHA to terminate the assistance of any participant if the
PHA "can demonstrate an actual and imminent threat to other tenants or those employed at or
providing service to the property if that tenant is not evicted or terminated from assistance."
i Victim Documentation
PHA Policv
When a participant family is facing assistance termination because of the actions of a
participant, household member, guest, or other person under the participant's control and a
participant or immediate family member of the participant's family claims that she or he is
the victim of such actions, and that the actions are related to domestic violence, dating
violence, or stalking, the PHA will require the individual to submit documentation affinning
that claim.
The documentation must include two elements:
A signed statement by the victim that provides the name of the perpetrator and certifies
that the incidents in question are bona fide incidents of actual or threatened domestic
violence, dating violence, or stalking, and
■ One of the following:
✓ A police or court record documenting the actual or threatened abuse, or
✓ A statement signed by an employee, agent, or volunteer of a victim service
provider; an attorney; a medical professional; or another knowledgeable
professional from whom the victim has sought assistance in addressing the actual
or threatened abuse. The professional must attest under penalty of perjury that the
incidents in question are bona fide incidents of abuse, and the victim must sign or
attest to the statement.
The required certification and supporting documentation must be submitted to the PHA
within 14 business days after the PHA issues their written request. The 14 -day deadline may
be extended at the PHA's discretion. If the individual does not provide the required
certification and supporting documentation within 14 business days, or the approved
extension period, the PHA may proceed with assistance termination.
If the PHA can demonstrate an actual and imminent threat to other participants, or those
employed at, or providing seivice to, the property if the participant's tenancy is not
terminated, the PHA will bypass the standard process and proceed with the immediate
termination of the family's assistance.
;;�, Terminating the Assistance of a Domestic Violence Perpetrator
Although VAWA provides assistance termination protection for victims of domestic
violence, it does not provide protection for perpetrators. VAWA gives the PHA the explicit
authority to "terminate assistance to any individual who is a tenant or lawful occupant and
who engages in criminal acts of physical violence against family members or others... without
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terminating assistance to, or otherwise penalizing the victun of such violence who is also a
tenant or lawful occupant." This authority supersedes any local, state, or other federal law to
the contrary. However, if the PHA chooses to exercise this authority, it must follow any
procedures prescribed by HUD or by applicable local, state, or federal law regarding
termination of assistance [Pub.L. 109-271].
PHA Policy
When the actions of a participant or other family member result in a PHA decision to
terminate the family's assistance and another family member claims that the actions involve
criminal acts of physical violence against family members or others, the PHA will request
that the victim submit the above required certification and supporting documentation in
accordance with the stated time frame. If the certification and supporting documentation are
submitted within the required time frame, or any approved extension period, the PHA will
terminate the perpetrator's assistance. If the victim does not provide the certification and
supporting documentation, as required, the PHA will proceed with tennination of the family's
assistance.
If the PHA can demonstrate an actual and imminent threat to other tenants or those employed
at, or providing service to, the property if the participant's tenancy is not terminated, the PHA
will bypass the standard process and proceed with the immediate tennination of the family's
assistance.
PHA Confidentiality Requirements
All information provided to the PHA regarding domestic violence, dating violence, or
stalking, including the fact that an individual is a victim of such violence or stalking, must be
retained in confidence and may neither be entered into any shared data base nor provided to
any related entity, except to the extent that the disclosure (a) is requested or consented to by
the individual in writing, (b) is required for use in an eviction proceeding, or (c) is otherwise
required by applicable law.
10.2.F Termination Notice [HCV GB, p. 15-71
If a family's assistance is to be terminated, whether voluntarily or involuntarily, the PHA must give
the family and the owner written notice that specifies:
■ The reasons for which assistance has been tenninated;
■ The effective date of the tennination; and
• The family's right to an informal hearing as described in Chapter 11.
If a criminal record is the basis of the termination, a copy of the record must accompany the notice.
A copy of the criminal record also must be provided to the subject of the record [24 CFR
982.553(d)].
PHA Policy
The tenant and landlord will be mailed a notice of intent to tenninate Section 8 benefits. The
notice shall state the grounds for removal. It shall advise the tenant that they have ten (10)
business days in which to respond and contest the action by requesting a hearing.
2. The tenant may have an advocate or attorney present at the hearing.
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3. If the tenant does not respond, they may be automatically removed from the program effective
one month following the date of the notice. Notice of termination will be sent to the tenant and
landlord simultaneously.
When termination is initiated by the PHA, the notice to terminate will be sent to the family and the
owner at least 30 calendar days prior to the effective date of the termination. However, if a family
vacates the unit without infonning the PHA, 30 days notice will not be given. In these cases, the
notice to terminate will be sent at the time the PHA learns the family has vacated the unit.
When a family requests to be terminated from the program they must do so in writing to the PHA
(see section 10. 1. C.). The PHA will then send a confirmation notice to the family and the owner
within 10 business days of the family's request, but no later than the termination effective date (as
requested by the family).
1lrotice of Termination Based on Citizenship Status
[24 CFR 5.514 (c) and (d)J
The PHA must terminate assistance if (1) a family fails to submit required documentation
within the required timefraine concerning any family member's citizenship or eligible
immigration status; (2) evidence of citizenship and eligible immigration status is submitted
timely, but USCIS primary and secondary verification does not verify eligible immigration
status of a family; or (3) the PHA determines that a family member has knowingly permitted
another individual who is not eligible for assistance to reside (on a permanent basis) in the
unit. For (3) above, such termination must be for a period of at least 24 months.
The notice of termination must advise the family of the reasons their assistance is being
terminated, that they may be eligible for proration of assistance, the criteria and procedures
for obtaining relief under the provisions for preservation of families, that they have the right
to request an appeal to the USCIS of the results of secondary verification of immigration
status and to submit additional documentation or a written explanation in support of the
appeal, and that they have the right to request an infonnal hearing with the PHA either upon
completion of the USCIS appeal or in lieu of the USCIS appeal. Informal hearing procedures
are contained in Chapter 11.
PHA Policy
The notice to tenninate will be sent to the family and the owner at least 30 calendar days
prior to the effective date of the tennination.
10.2.G How Termination of Assistance Affects the HAP Contract and Lease
When the family's assistance is terminated, the lease and HAP contract terminate automatically
[Form HUD -52641]. The owner may offer the family a separate unassisted lease [HCV GB,p.15-8].
10.3 Termination of Tenancy by the O«vner
10.3.A Overview
Termination of an assisted tenancy is a matter between the owner and the family; the PHA is not
directly involved. However, the owner is under some constraints when terminating an assisted
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tenancy and the reasons for which a tenancy is terminated dictate whether assistance also will
be terminated.
10.3.B Grounds for Owner Termination of Tenancy [24 CFR 982.310 and Form
HUD -52641-A, Tenancy Addendum, Pub.L. 109-162]
During the tenn of the lease, the owner is not pennitted to tenninate the tenancy except for serious
or repeated violations of the lease, certain violations of state or local law, or other good cause.
Serious or Repeated Lease Violations
The owner is pennitted to tenninate the family's tenancy for serious or repeated violations of
the terns and conditions of the lease, including failure to pay rent or other amounts due under
the lease, except when the violations are related to incidents of actual or threatened domestic
violence, dating violence, or stalking against that participant. This includes failure to pay rent
or other amounts due under the lease. However, the PHA's failure to make a HAP payment to
the owner is not a violation of the lease between the family and the owner.
Violation of Federal, State, or Local Law
The owner is pennitted to tenninate the tenancy if a family member violates federal, state, or
local law that imposes obligations in connection with the occupancy or use of the premises.
Criminal Activity or Alcohol Abuse
The owner may tenninate tenancy during the term of the lease if any cohered person,
meaning any member of the household, a guest or another person under the tenant's control
commits any of the following types of criminal activity (for applicable definitions see 24
CFR 5.100):
■ Any criminal activity that threatens the health or safety of, or the right to peaceful
enjoyment of the premises by, other residents (including property management staff
residing on the premises);
■ Any criminal activity that threatens the health or safety of, or the right to peaceful
enj oyment of their residences by, persons residing in the immediate vicinity of the
premises;
• Any violent criminal activity on or near the premises; or
■ Any drug-related criminal activity on or near the premises.
■ The owner may tenninate tenancy during the tern of the lease if any member of the
household is:
• Fleeing to avoid prosecution, custody, or confinement after conviction for a clime or an
attempt to commit a crime that is a felony under the laws of the place from which the
individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor;
or
Q Violating a condition of probation or parole imposed under federal or state law.
The owner may tenninate tenancy for criminal activity by a household member in accordance
with this section if the owner determines that the household member has committed the
criminal activity, regardless of whether the household member has been arrested or convicted
for such activity.
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The owner may terminate tenancy during the term of the lease if any member of the
household has engaged in abuse of alcohol that threatens the health, safety, or right to
peaceful enjoyment of the premises by other residents.
Evidence of Crinthial Activity
The owner may terminate tenancy and evict by judicial action a family for criminal activity
by a covered person if the owner determines they have engaged in the criminal activity,
regardless of arrest or conviction and without satisfying the standard of proof used for a
criminal conviction, except in certain incidents where the criminal activity directly relates to
domestic violence, dating violence, or stalking and the tenant or an immediate member of the
tenant's family is the victim or threatened victim of the domestic violence, dating violence, or
stalking. (See Section 10.2.E).
Other Good Cause
During the initial lease tern, the owner may not terminate the tenancy for "other good cause"
unless the owner is terminating the tenancy because of something the family did or failed to
do. During the initial lease term or during any extension tern, other good cause includes the
disturbance of neighbors, destruction of property, or living or housekeeping habits that cause
damage to the unit or premises.
After the initial lease term, "other good cause" for termination of tenancy by the owner
includes:
■ Failure by the family to accept the offer of a new lease or re-Nrision;
■ The owner's desire to use the unit for personal or family use, or for a purpose other than
as a residential rental unit; or
■ A business or economic reason for termination of the tenancy (such as sale of the
property, renovation of the unit, or desire to lease the unit at a higher rent).
After the initial lease tern, the owner may give the family notice at any time, in accordance
with the terms of the lease.
10.3.0 Eviction [24 CFR 982.310(e) and (f) and Form HUD -52641-A, Tenancy
Addendum]
The owner must give the tenant a written notice that specifies the grounds for termination of
tenancy during the tenn of the lease. The tenancy does not terminate before the owner has given
this notice, and the notice must be given at or before commencement of the eviction action. The
notice of grounds may be included in, or may be combined with, any owner eviction notice to the
tenant.
Owner eviction notice means a notice to vacate, or a complaint or other initial pleading used under
state or local law to commence an eviction action. The owner may only evict the tenant from the
unit by instituting a court action. The owner must give the PHA a copy of any eviction notice at the
same time the owner notifies the family. The family is also required to give the PHA a copy of any
eviction notice.
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PHA Policy
If the eviction action is finalized in court, the owner must provide the PHA with documentation
related to the eviction, including notice of the eviction date, as soon as possible, but no later than 5
business days following the court-ordered eviction.
10.3.D Deciding Whether to Terminate Tenancy [24 CFR 982.310(h), Pub.L. 109-
162]
An owner who has grounds to tenninate a tenancy is not required to do so, and may consider all of
the circumstances relevant to a particular case before making a decision. These might include:
■ The nature of the offending action;
• The seriousness of the offending action;
■ The effect on the community of the termination, or of the owner's failure to terminate the
tenancy;
■ The extent of participation by the leaseholder in the offending action;
■ The effect of termination of tenancy on household members not involved in the offending
activity;
6 The demand for assisted housing by families who will adhere to lease responsibilities;
• The extent to which the leaseholder has shown personal responsibility and taken all
reasonable steps to prevent or mitigate the offending action;
■ The effect of the owner's action on the integrity of the program.
The owner may require a family to exclude a household member in order to continue to reside in
the assisted unit, where that household member has participated in, or been culpable for, action or
failure to act that warrants termination.
In determining whether to terminate tenancy for illegal use of drugs or alcohol abuse by a
household member who is no longer engaged in such behavior, the owner may consider whether
such household member is participating in or has successfully completed a supervised drug or
alcohol rehabilitation program, or has otherwise been rehabilitated successfully (42 U.S.C. 13661).
For this purpose, the owner may require the tenant to submit evidence of the household member's
current participation in, or successful completion of, a supervised drug or alcohol rehabilitation
prograin or evidence of otherwise having been rehabilitated successfully.
The owner's termination of tenancy actions must be consistent with the fair housing and equal
opportunity provisions in 24 CFR 5.105.
An owner's decision to tenninate tenancy for incidents related to domestic violence, dating
violence, or stalking is limited by the Violence Against Women Reauthorization Act of 2005
(VAWA). (See Section 10.2.13.)
10.3.E Effect of Tenancy Termination on the Family's Assistance
If a termination is not due to a serious or repeated violation of the lease, and if the PHA has no
other grounds for termination of assistance, the PHA may issue a new voucher so that the family
can move with continued assistance.
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11.0 COMPLAINTS AND APPEALS
11.1 Informal Hearing for Participants
The PHA will provide an opportunity for an informal hearing to a participant to consider whether
decisions made against participants are in accordance with HUD regulations and the PHA rules in
the following situations:
1. A determination of the family's annual or adjusted income, and the use of such income to
compute the housing assistance payment;
2. A determination of the appropriate utility allowance (if any) for tenant -paid utilities from the
PHA's Utility Allowance schedule. This hearing requirement does not apply to the utility
allowance schedule, itself;
3. A determination that a participant is residing in an overcrowded or under utilized unit;
4. In the case of a participant who wants to move to another dwelling unit a determination of
the number of bedrooms to be entered on a voucher when a participant family desires to
move to another unit;
5. A determination to tenninate assistance to a participant family because of the family's
action or failure to act (see §982.552), as well as failure to fulfill the family's obligations
under the program regulations or hereunder; or
6. A detennination to tenninate assistance due to an absence beyond the permissible period set
forth herein without the PHA's approval.
In the case of a decision to deny or tenninate assistance, the PHA shall give the applicant written
notification of its decision denying or tenninating assistance. The notice:
1. May be given personally to the applicant or member of the family, but must be sent by first
class certified mail to the last known address on file;
2. Shall give a brief statement of the reasons for the decision; and
3. Shall inform the applicant that within ten (10) business days of the date of the notice, the
applicant may request, in writing, that an informal hearing be held to present written or oral
objections and review the decision.
11.2 Conduct of Hearings
If an applicant or participant requests an informal hearing within the time frame set forth above, the
PHA shall conduct a hearing in accordance with the following procedures:
1. The PHA shall appoint a hearing officer to conduct the hearing who must be an employee or
outside person other than the person who made or approved the decision under review or a
subordinate of such person.
2. Discovery — The family can examine, before the PHA hearing, any PHA documents that are
directly relevant to the hearing. The family can make copies at its own expense. If the PHA
fails to make requested documents available, it cannot then rely on the document(s) at the
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hearing. Similarly, the PHA must be given the opportunity to review at its offices, prior to the
hearing, any family documents directly relevant to the hearing and may make copies at its own
expense. Failure to produce such document(s) upon the PHA's request precludes the family
from relying upon such document(s) at the hearing.
3. The family may be represented by a lawyer or other representative.
4. The hearing officer shall issue a written decision stating briefly the factual and other basis for
the decision, a copy of which shall be furnished promptly to the applicant.
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TAB 3 - HCV Administrative Plan
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12.0 ENTERPRISE INCOME VERIFICATION (EIV)
The PHA will use the EIV system to identify potential discrepancies in income reporting by
participants during the annual and intermn reexamination processes. In order to identify any
discrepancies, the PHA will use EIV wage/benefit data in conjunction with third party income
verification documents received during the annual and interim recertification processes. If there are
discrepancies in the amount of income, or if the income is outdated, the PHA will use the most
accurate and reliable source of income verification.
The data contained and provided by the EIV system will be protected by the PHA and should only
be used for official program purposes. Data will not be disclosed to anyone in any manner that
would violate the privacy of the individuals represented.
The PHA must adhere to EIV security awareness measures to ensure that only authorized system
users may access the EIV system in order to maintain overall privacy and security compliance.
The PHA must use the EIV system to verify household income on such sources as social security,
social security disability, SSI, wages and unemployment compensation for each family member.
The PHA must use the EIV system to compare the income source and amount recorded in the
participant -supplied income data and form, HUD 50058 which is maintained in the Public Housing
Information Center (PIC) database.
12.1 EIV Reports
When the EIV income data differs from the participant -provided income data by at least $200.00
per month; this constitutes a "substantial difference.''
In cases where the EIV income data is NOT substantially different than participant -reported
income, the PHA will:
■ Use participant documents or third party income verification to calculate anticipate annual
income if the EIV income is less than current participant -provide documentation; or
■ Use EIV income data unless the participant provides documentation of a change in
circumstances when the EIV data is more than the current participant -provided
documentation. If acceptable participant documentation is provided to justify a change in
circumstances, the participant's documents will be used to calculate income.
In cases where EIV income is substantially different than the participant -reported income, the PHA
must:
• Request written third -party verification from the income source in accordance with 24 CFR
5.236(3) (i).
■ Review historical income data for patterns of employment, paid benefits, and/or receipt of
other income when the LA cannot readily anticipate income such as in the cases of seasonal
employment, unstable working hours and suspected fraud.
• Analyze all data and attempt to resolve the income discrepancy.
■ Use the most current verified income data (and historical income date if appropriate) to
calculate anticipated annual income.
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12.2 EIV Security Measures
Handling of Discrepancy Reports
The PHA must handle EIV discrepancy reports in the following manner:
If a participant disagrees with the discrepancy report issued by the EIV system, a meeting
will be scheduled by the PHA with the client to resolve the dispute. All details of the
discrepancy report must be documented and the client will have 15 business days from the
date of the meeting to obtain third -party verification of the discrepancy and submit supporting
documentation to the PHA. All participant -provided infonnation and submitted
documentation should be dated not more than 60 days prior to the initial resolution meeting.
Once the infonnation is received from the client, the PHA will review and make a final
decision within ten business days from the date that the infonnation was received from the
client.
If a situation arises where facts indicate that a client has not reported or has underreported
income, a repayment agreement will be executed between the client and the PHA. A revision
to the current and future participant's share must also be made. If a participant refuses to
enter into a repayment agreement and/or refuses to pay the newly calculated rent, tennination
of assistance will occur using the established policies and procedures in accordance with the
PHA's Administrative Plan.
12.3 EIV Records Retention
During the term of the assisted tenancy and for at least three years thereafter, the PHA must retain
the documents in the participant's files.
12.4 Disposal of Applicant and Client EIV Records
All EIV documents shall be destroyed at the end of the three-year retention period. Documents shall
be destroyed in a manner that would not compromise the confidentiality of the applicants and/or
clients. The preferred method for destroying documents is shredding.
12.5 Storage of EIV Documents
All EIV documents shall be destroyed at the end of the three-year retention period. Documents shall
be destroyed in a manner that would not compromise the confidentiality of the applicants and/or
clients. The preferred method for destroying documents is shredding.
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13.0 ADM NISTRAUVE FEE RESERVE
The Director of the City of Miami Department of Community Development is authorized to approve
the use of funds in the Section 8 administrative fee reserve and can expend up to 525,000 of Section
8 administrative fee reserve during any one fiscal year without direct City Commission approval.
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ATTACHMENT A
STATEMENT OF FAMILY OBLIGATIONS
Clients have general responsibilities, which accrue from their right to fair treatment under federal
assistance programs, and specific responsibilities associated with the Section 8 HCV and Moderate
Rehabilitation Programs. A client's failure to comply with any of these program's responsibilities
can lead to tennination from the program. Clients receiving Section 8 assistance shall comply with
all Program policies and procedures as set forth in this administrative manual, as well as any
subsequent Program directives issued by the City.
The following are the participant family's obligations under the HCV / Mod -Rehabilitation
program. Violation of one or more of these obligations by the client or any member of the client's
family (household) is grounds for denial or termination of assistance.
The family must;
I. Provision of information
a) Disclose and document all household members and their income, including consent
to third parties' disclosure of financial infonnation to the Section 8 Program for all
household members 18 years or older. Supply any information the PHA or HUD
determines to be necessary, including submission of required evidence of citizenship
or eligible immigration status.
b) Disclose and verify social security numbers and sign and submit consent forms for
obtaining information.
c) Provide information, documentation and completed Section 8 program forms within
fifteen (15) business days from the date that such information or material is
requested.
d) Provide accurate, comprehensive, and timely infonnation. Any information supplied
by the family must be true and complete.
e) Notify the Section 8 program of any changes in income or financial eligibility and
household composition within fifteen (15) business days of the event and, if possible,
in writing. Such changes are:
i. A family member moves out of the assisted unit;
ii. The client proposes to move a family member into the unit;
iii. An adult member of the household who was reported as unemployed on the
most recent certification or recertification obtains employment; or
iv. The family's income cumulatively increases by $200 or more per month.
f) If the PHA has given approval, a foster child or a live-in aide may reside in the unit.
The PHA has the discretion to adopt reasonable policies concerning residency by a
foster child or a live-in aide, and to define when PHA consent may be given or
denied.
g) The program recognizes that friends and family may occasionally visit. A faznily
member or other guest whose stay in an assisted unit exceeds thirty (30) days will be
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
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considered a member of a household, either a family member or roommate, and will
trigger recertification. The client must report this change in the household. Failure to
report a change in household will be deemed an act of fraud and a serious violation,
resulting in immediate termination.
h) Notice is required when all family members wlill be absent from the unit for an
extended period. An extended period is defined as any period greater than 30
calendar days. Written notice must be provided to the PHA prior to the start of the
extended absence.
i) Maintain a current mailing address and phone number with the Section 8 program at
all times.
J) Maintain current contact information for two persons selected by the client for
notification in case of emergency or for receipt of program notices and
communications in the event that the program experiences difficulty in locating the
client.
2. Client's Responsibilities to Find and Secure Housing
a. Must refer to section 5.6 Tenn of Housing Voucher in the Section 8 administrative
policy manual for client's responsibilities regarding securing a place to live within 60
days. Failure to do so may be grounds for program termination.
b. Move into a City -approved housing unit within seven (7) calendar days of the City's
Move -In Authorization. Failure to do so will result in immediate issuance of a
program termination notice.
c. Program rules prohibit approval of a housing unit if the owner of the unit is the client,
the client's parent, child, grandparent, grandchild, sister, or brother, or any member
of the client's household. Clients are obligated to disclose any familial relationship
between themselves, or any member of their household, and the owner of the housing
unit. Exception: the PHA may detennine that approving rental of the unit,
notwithstanding the familial relationship, would provide reasonable accommodation
for a family member who is a person with disabilities [Form HUD -52646, Voucher].
d. Provide written acknowledgment that; (a) no rent payments will be made by the City
of Miami towards a unit unless and until the City of Miami approves the unit and
authorizes the commencement of assistance in writing; (b) if the client gives money
to a landlord to hold an apartment, pending a successful HQS inspection and issuance
of Move -In Authorization by the City of Miami, the client may lose that money if the
unit fails inspection or is not approved by the City of Miami; and (c) the Program
will not be responsible for any rent (or deposits) incurred or accrued as a result of
occupancy prior to the date of the Move -in Authorization Notice.
e. Only after the unit passes inspection and the unit size and rent amount are approved
by the City of Miami, provide the Housing Specialist with a copy of the written lease
and lease addendum previously approved by the Housing Specialist and signed by
both the client and the landlord.
f. Clients may not move to a new unit while subject to a current lease. Further, clients
shall request in writing permission to move to a new unit ninety (90) days in advance
of a desired move date. Move -in authorization will not be granted until the new unit
passes inspection and all the required documents are on file with the client's Housing
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
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Specialist. Moving into a new apartment without program authorization, unless the
client is able to provide sufficient justification for the unauthorized move to the
satisfaction of the City of Miami, will result in a violation and the immediate
issuance of a tennination notice and the client will be fully responsible for any and all
rents or deposits incurred or owed towards the rental of the new unit.
g. Maintain continuous residence in the assisted rental unit through the lease tern.
Abandonment of an assisted unit, defined as a failure to reside on the assisted
premises for a period exceeding thirty (30) consecutive days without any approval
from the Section 8 program, except in cases where the client is hospitalized or placed
into residential substance abuse or mental health treatment, will result in a violation
and the immediate issuance of a termination notice.
h. Clients' rental units must be re -inspected at least once a year. In order to complete
the inspection, the client or any adult aged 18 or older must be present at the time of
the inspection. If the client cannot keep the inspection appointment, the client is
responsible for re -scheduling the inspection in advance. If the client fails to provide
access to the unit at the scheduled time, this will be deemed a program violation for
failure to keep a program appointment. If the client fails to keep a second inspection
appointment, program assistance will be tenninated.
i. The family must notify the PHA and the owner before moving out of the unit or
tenninating the lease.
j. Clients' eligibility to participate in the Program must be re -certified annually. Clients
must attend re -certification appointments and provide information and documents
requested by their Housing Specialists.
k. The family is responsible for any Housing Quality Standards (HQS) breach by the
family caused by failure to pay tenant -provided utilities or appliances, or damages to
the dwelling unit or premises beyond non -nal wear and tear caused by any member of
the household or guest.
3. Client as Tenant.-
a.
enant.
a. Respect the rights, property, and privacy and/or confidentiality of others and their
right to peaceful enjoyment of their rental premises. This means avoiding behavior
(the client's or that of a household member or guest) that would disturb neighbors'
peaceful enjoyment of their own home (i.e. yelling, loud music or noise, harassment,
violence, drug use, other illegal activity, damage to, or theft of, others' property,
blocking or cluttering common areas
b. the required client portion of the rent and utilities, as set forth in the Lease, Lease
Addendum and Move -In Authorization Notice, directly to the landlord and utility
companies by the due date set forth in the client's lease and utility bill(s); assume
responsibility for paying the client portion of the rent and utilities directly to the
landlord and utility companies in the event that a third party who had agreed to pay
the client's portion, stops snaking such payment on the client's behalf. Secure written
receipts for all rents payments spade to the landlord.
c. Pay any late fees which result from late payments of the client's portion of the rent
and utilities.
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TAB 3 - HCV Administrative Plan
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d. Maintain the housing unit in good condition as set forth in the lease and housing
quality standards (except for normal wear and tear which remains the responsibility
of the landlord) and assume financial responsibility for the repair of any damage to
the premises, other than nonnal wear and tear, caused by the client or member or
guest of his or her household.
e. If the client is responsible for basic utility service(s) (defined as water, electricity and
gas services) under the teens of the Lease, the client must maintain the basic utility
service(s) for which they are responsible. Failure to maintain basic utility services
will result in non-compliance with housing quality standards and program rules set
forth herein.
f. Promptly notify the client's Housing Specialist of any problems with the landlord,
including failure to repair physical condition(s) in the unit which may be in violation
of HQS.
g. Promptly provide the PHA with copies of any eviction threats or notices.
h. Promptly notify the Housing Specialist of any problems related to inability to snake
rent payment obligations or any other financial issues.
Give the landlord at least thirty day (30) notice in writing of the client's intentions to
move at the expiration of the lease tern, unless the lease requires more advance
notice.
j. Comply with all other terns of the lease.
k. The family must use the assisted unit for residence by the family. The unit must be
the family's only residence.
1. The family must not sublease the unit, assign the lease, or transfer the unit.
in. The family must not receive HCV assistance while receiving another housing subsidy
for the same unit or for a different unit, under any duplicative housing assistance
program.
n. The family must not engage in any profit-making activities in the unit, unless such
activities are legal and incidental to primary use of the unit for residence by members
of the family.
o. The family must not engage in drug-related criminal activity, violent criminal
activity, other criminal activity, or alcohol abuse that threatens the health, safety, or
right to peaceful enjoyment of other residents and persons residing in the immediate
vicinity of the premises.
PHA Policy
The PHA will determine if a family has conunitted serious or repeated violations of the lease based
on available evidence, including but not limited to, a court-ordered eviction, or an owner's notice to
evict.
Lease violations include, but not be limited to, nonpayment of rent, disturbance of neighbors,
destruction of property, or living or housekeeping habits that cause damage to the unit or premises
and criminal activity. Generally, the criterion to be used is whether the reason for the eviction or
violation was through no fault of the tenant or his/her guests.
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
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ATTACHMENT B
Operating Procedures for HCV Eligibility Certifications and Re -
Certifications & Housing Search and Lease -up for Voucher Molders
I. Eligibility Certifications and Re -Certifications
A. Scheduling the Initial or the Re -Certification Appointment
1. «aitlisted Applicant
Upon availability of a voucher, the applicant at the top of the waiting list will be
scheduled for an eligibility screening appointment to take place fifteen calendar
days from the date of the notice.
2. Current Program Participant
Ninety (90) days in advance of the participant's prior certification anniversary
date, the participant must be scheduled for a re -certification appointment.
Inspection of their housing unit will have commenced 120 days in advance of the
certification anniversary date in accordance with Attachment B below and Tab 5
of the Section 8 Programs Manual.
3. Required Documents and Information
a. The notice must describe required information and documentation
required of the household at the time of the appointment and the
consequences for failure to attend or re -schedule the appointment.
b. Copies of HUD Form 9886 (Authorization for the Release of
Information/Privacy Act Notice) must be sent along with the notice
with the instruction to have each household member sign one and bring
the signed forms to the eligibility screening appointment.
C. Re-Certifyina participants remaining in their current unit must also bring
a new lease, incorporating HUD's Tenancy Addendum on Form
52641-A, executed only by the landlord, to the appointment.
4. Failure to Appear
In the event that the applicant/participant fails to appear at the scheduled
appointment, a certified letter is to be sent to the applicant/participant on the day
of the missed appointment, noting: (a) the applicant's failure to attend or
reschedule the appointment; (b) setting a new appointment for 15 days from the
date of the letter; (c) and providing notice that failure to attend the re -scheduled
appointment will result in the applicant being deemed ineligible for assistance
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
Page 65 of 70
and removal from the waiting list or, in the case, of a participant, termination for
failure to comply with program rules.
In addition, the Housing Specialist shall make the following effort to contact the
applicant/participant: (a) at least two phone contact attempts to reach the
applicant/participant at the number(s) provided by the applicant/participant and
(b) a phone call to "Emergency Contacts" on record until applicant contact is
accomplished or above methods of contact are exhausted, whichever occurs first.
B. Verifications and Participant Certifications
1. Eligibility Criteria
The Housing Specialist must determine if the applicant or participant meets the
eligibility criteria set forth in Section 2 of the Section 8 HCV Administrative
Plan herein. The primary criteria are:
• Household income does not exceed HUD income limits (for new
admissions).
• The applicant meets the documentation requirements of citizenship or
eligible immigration status.
• Persons evicted from public housing or any Section 8 Program for drug-
related activities are ineligible for assistance for at least three years from
the date of the eviction.
2. Income and Citizenship/Immigration Status Verification
Housing Specialists must perforin income and citizenship/immigration status
verification in accordance with Tab 4 of the Section 8 Programs Manual,
Housing Specialists must utilize the HUD EIV system to verify income.
3. Re -Certified Participants Staying in Place
a. Lindsey and PIC Submission:
Upon completion of recertification and HQS compliance determination,
the head of household must sign the lease. The Housing Specialist must
generate a Family Report on Form HUD -50058 via the Lindsey system
and transmit it to the HUD PIC System. This action should be reported
as an "Annual Reexamination."
The Housing Specialist must forward (a) the TTP Print-out; (b) the letter
to owner and tenant advising them of the HAP Payment and tenant
portion; and (c) completed W-9 form to the Department's Finance Unit
Housing Specialists should follow HUD's guidance in completing HUD
Form 5 005 8:
• Form HUD -50058 Instruction Booklet at:
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
Page 66 of 70
www.hudcli-os.ore/sub nonhud/ca-i/pdfforms/50058i.pdf
• PIC Form -50058 User Manual at:
http://www.hud. aov/offices/pih/systeins/pic/userguides. cfm#5005 8)
b. Notification to Owner, Participant and Finance Unit
Upon the completion of the certification process, the housing specialist
will forward the following documents:
• To the owner: original lease, including Tenancy Addendum,
executed by owner and tenant;
• To both owner and participant: Letter advising owner and participant
of housing assistance payments and tenant's portion.
C. Family Participation Terminates After 180 Days of Zero HAP
Payments
A family is eligible for HCV rental assistance as long as the tenant
portion of the rent does not exceed the Contract Rent. If, upon annual or
interim recertification, the tenant rent now exceeds or equals the total
rent for the unit, the family can stay in the HCV Program for 180
calendar days at zero assistance. (The PHA is no longer snaking any
payment to the landlord). At the end of the 180 days, the family's rental
assistance is terminated, as is the HAP contract with the landlord. If
during the 180 -day period, the farnily's income decreases, a new
recertification would be completed and assistance may again be paid.
4. Re -Certified Participants moving to a new unit
a. Voucher Issuance
1. If the waitlisted applicant is deemed eligible, a Housing Choice
Voucher on HUD Form 52646 shall be issued to the household.
2. If a current participant requests the opportunity to move to a new unit at
the time of recertification, a Housing Choice Voucher on Form 52646
shall be issued to the participant's household.
3. The Housing Specialist must review the family's obligations as
contained in the Voucher on HUD Form 52646 as well as the voucher
orientation package (as described in section 5.3 of the Section 8 HCV
Administrative Plan herein) with the head of household.
4. If the client has not found a suitable unit by the re -certification date, the
Housing Specialist must complete the income re -certification procedure
and generate a Family Report on Form HUD -50058 via the Lindsey
system and transmit it to the HUD PIC System. This action should be
reported as an "Annual Reexam/Searching."
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
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Housing Specialists should follow HUD's guidance in completing HUD
Form 50058:
• Form HUD -50058 Instruction Booklet at:
www.hudclips.ora/sub nonhud/cei/pdff6rms/50058i.pdf
• PIC Form -50058 User Manual at:
http://Nv«,�v.hud. gov/offices/-oih/systems/pic/user-uides.cfin#50058)
II. Housing Search and Lease -up for Voucher Holders
A. Search Period
Program participants must identify a housing unit and submit it for approval within sixty days
of the date that the Housing Choice Voucher was issued to them. The Department may extend
the sixty day period to locate suitable housing by two (2) additional thirty day periods due to
extenuating circumstances.
B. Request for Tenancy Approval
1. Minimum Requirements for Unit Approval
• The unit must meet the HCV occupancy standards;
• The unit must pass an HQS inspection; and
• If the gross rent exceeds the Department's payment standard, the family's share
for the unit may not exceed the family's maximum initial rent burden, which is
40% of the household's monthly adjusted income.
2. Oivner Approval
In addition to approval of the unit, the property owner is subject to certain
disapproval criteria set forth in section 5.9 of the Section 8 HCV Administrative
Plan.
HQS Inspection in General
a. To initiate inspection, the Program participant must submit: (a) a Request
for Tenancy Approval (HUD Form 52517); (b) an unexecuted lease,
incorporating a Tenancy Addendum on HUD Foi7n 52641-A and to the
Program's Housing Specialist.
b. Within one (1) business day of the request, the Housing Specialist is
responsible for verifying that the selected unit meets the voucher's
approved unit size and that the gross rent is equal to or less than the
payment standard or would not result in a cost to the household that
exceeds the household's maximum rent burden.
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
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C. If the unit on paper is acceptable, the Housing Specialist is to order an
HQS inspection within one (1) business day of receiving the Request for
Tenancy Approval and other required documents. The Department will
reject the request for inspection in absence of any of the documents listed
above.
d. The first inspection will take place within seventy-two (72) hours of
coordination with the Program participant and landlord for the date and
approximate time of the inspection. Coordination efforts shall
commence upon request for inspection. Under HUD rules, a
determination whether a unit meets HQS standards must take place
within fifteen (15) calendar days after submittal of the Request for
Tenancy Approval. The 15 -day clock is suspended during any period
that the unit is not available for inspection.
e. Prior to conducting the inspection, Housing Inspectors must verify the
property description provided against public property records to ensure
that the rental unit is not an illegal structure and that the owner does not
owe real estate taxes on the rental property. Property search criteria are
set forth below.
f. Housing Inspectors shall follow the inspection procedures and apply the
Housing Quality Standards set forth in Tab 5 of the Manual to determine
if the unit is acceptable under HQS.
C. Approval of Unit — HAP & Lease Execution
1. Upon a passing HQS inspection, the owner must sign a HAP Contract prepared
by the Housing Specialist.
2. The voucher holder then will be required to sign the lease, incorporating the
Tenancy Addendum.
D. Family Report on Form HUD -50058 Via PIC System
1. PIC Submission
a. Upon execution of the lease by the voucher holder and the owner's
execution of a HAP Agreement, the Housing Specialist must generate a
Family Report on Form HUD -50058 and submit it to the HUD PIC
system via the Lindsey system. If the family is entering the HCV
Program for the first time, this must be reported as a "New Admission".
If this is a household moving from one HCV -assisted unit to a new one,
this action should be reported as a "Unit Transfer".
Housing Specialists should follow HUD's guidance in completing HUD
Form 50058:
• Form HUD -50058 Instruction Booklet at:
www.hudcli-os.or�_,/sub nonhud/cLyi/pdfforms/50058i.pdf
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
Page 69 of 70
• PIC Form -50058 User Manual at:
htt-o://,�N,v,�v.hud. L,ov/offices/pih/systeins/-oic/usereuides.efin#50058)
2. Notification to OiNmer and Participant
Upon submission of the Form 50058 to HUD, the Housing Specialist must snail:
• To the owner: the original lease, including Tenancy Addendum, executed by
owner and tenant;
• To both owner and participant: Letter advising owner and participant of
housing assistance payments and tenant's portion.
Copies are to be retained on file.
3. Notice to Finance Unit
The Housing Specialist must forward (a) the TTP Print-out; (b) the letter to
owner and tenant advising them of the HAP Payment and tenant portion; and (c)
completed W-9 form to the Department's Finance Unit.
If a current participant is moving to a new unit, the Housing Specialist is
responsible for entering a hold payment for the current unit in Lindsey with a
note describing the date the participant is vacating their current unit.
City of Miami Section 8 - Program Manual
TAB 3 - HCV Administrative Plan
Page 70 of 70