HomeMy WebLinkAboutExhibitCITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT.
HOUSING CHOICE
VOUCHER PROGRAM
ADMINISTRATIVE PLAN
Approved by City Commission on
HOUSING CHOICE VOUCHER ADMINISTRATIVE PLAN
TABLE OF CONTENTS
1. 0 APPLICABILITY AND SCOPE 5
1. 1 Mission Statement 5
1. 2 General 5
1. 3 Equal Opportunity Statement 6
1. 4 Outreach to Families and Contact with Owners 6
2. 0 ELIGIBILITY FOR ADMISSION 7
2. 1 Eligibility Criteria 7
3. 0 MANAGING THE WAITING LIST 8
3. 1. Overview 8
3. 2. First Phase 9
3. 3. Second Phase 11
3. 4 Missed Appointments 11
3. 5 Purging the Waiting List 11
3. 6 Removal of Applicants from the Waiting List 12
3. 7 Grounds for Denial 12
3. 8 Notification of Negative Actions 13
3. 9 Informal Hearing 13
3. 10 Conduct of Hearing 13
4. 0 SELECTING FAMILIES FROM THE WAITING LIST 14
4. 1 Maintenance of the Waiting List and Selection of the Families 14
4. 2 Identification of Preferences 14
4. 3 Verification Requirements of Preferences Categories 15
4. 4 Selection from the Waiting List 15
5. 0 SUBSIDY STANDARDS AND BRIEFING 16
5. 1 Bedroom Size Determinations (Subsidy Standards) 16
5. 2 Briefing of Families and Issuance of Housing Choice Voucher 17
5. 3 Orientation Packet 18
5. 4 Information to be Provided to Prospective Owners 19
5. 5 Assistance to Applicants and Participants Claiming Illegal Discrimination 19
5. 6 Term of the Housing Voucher 19
5. 7 Assistance Provided to Families that Include Persons with Disabilities 21
5. 8 Expanding Housing Opportunities 21
5. 9 Disapproval of Owner 21
5. 10 Security Deposit 22
6. 0 RECERTIFICATION 23
6. 1 Verification of Income and Determination of Total Tenant Payment 23
6. 2 Missed Recertification Appointment 23
6. 3 Interim Reexaminations of Income and Household Composition 23
6. 4 Minimum Rent 23
6. 5 Termination of Assistance Upon 180 Days of Zero HAP Payment 24
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7. 0 INSPECTION POLICIES 24
7. 1 Housing Quality Standards and Inspections 24
7. 2 Deteriorated Paint Surfaces 25
8. 0 RENT AND HOUSING ASSISTANCE PAYMENTS 25
8. 1 Payment Standards 25
8. 2 Review and Adjustment of Allowances for Utilities 26
8. 3 Rent Reasonableness 26
8. 4 Annual Review of Family Circumstances, Rents, Utilities and HQS 27
8. 5 Requests to Move 28
8. 6 Family Break -Up 28
8. 7 Absence from Unit 29
8. 8 Payment of Monies Owed by the Owner or Family to the PHA 30
9. 0 SPECIAL HOUSING 30
10. 0 TERMINATION OF ASSISTANCE TO THE FAMILY 31.
10. 1 Grounds for Termination of Assistance 31
10. 1. A Overview 31
10. 1. B. Family No Longer Requires Assistance [24 CFR 982.455) 31
10. 1. C. Family Chooses to Terminate Assistance 32
10. 1. D. Mandatory Termination of Assistance'. 32
10. 1. E. Mandatory Policies and Other Authorized Terminations 33
10. 2. Approach to Termination of Assistance 37
10. 2. A. Overview 37
10. 2. B. Method Of Termination [24 CFR 982.552(a)(3)] 37
10. 2. C. Alternatives To Termination Of Assistance 37
10. 2. D. Criteria For Deciding To Terminate Assistance 38
10. 2. E. Terminating The Assistance Of Domestic Violence, Dating Violence, Or
Stalking Victims And Perpetrators 39
10. 2. F. Termination Notice [HCV GB, p. 15-7] 41
10. 2. G. How Termination of Assistance Affects the HAP Contract and Lease42
10. 3. Termination of Tenancy by the Owner 42
10. 3. A. Overview 42
10. 3. B. Grounds For Owner Termination Of Tenancy 42
10. 3. C. Eviction 44
10. 3. D. Deciding Whether To Terminate Tenancy 45
11. 0 COMPLAINTS AND APPEALS 46
11. 1 Informal Hearing for Participants 46
11. 2 Conduct of Hearings 47
12. 0 ADMINISTRATIVE FEE RESERVE 47
ATTACHMENT A 48
Statement of Family Obligations 48
ATTACHMENT B 51
Operating Procedures for HCV Eligibility Certifications and Re -Certifications &
Housing Search and Lease -up for Voucher Holders 51
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HOUSING CHOICE VOUCHER PROGRAM
1. 0 APPLICABILITY AND SCOPE
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 sanitary 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 program 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, participants and owners are directed to
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• 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 owners information packet available upon request;
• The PHA's information packet for participants that is available upon request;
• The PHA's Operating Procedures Manual for its Section 8 Programs.
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 determining 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 -determination of rent.
1. 3 Equal Opportunity Statement
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.
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.
1. 4 Outreach to Families and Contact with Owners
The PHA 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 PHA
meets with community organizations, owner and renter associations, block groups,
neighborhood planning and development committees, housing advocates,
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governmental departments, advocacy agencies, and church groups. The PHA will use 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.
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. 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.
2. 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)).
3. 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.
4. 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 forms.
5. An applicant head of household and spouse must sign the Applicant Certification
form to certify that the information given to the PHA on household composition,
income, net family assets and allowances and deductions is accurate and
complete.
6. An applicant has not committed fraud or misrepresentation in connection with
any Federally assisted housing program.
7. 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.
8. An applicant has reimbursed the PHA or any public housing authority for any
amounts paid to an Owner.
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9. 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.
10. No member of the family is subject to a life -time registration requirement under
Florida's sex offender's program.
11. The head of household or oldest family member is at least 18 years old or
emancipated.
12. 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:
a) Applicant has successfully completed a supervised drug or alcohol
rehabilitation program.
b) Applicant has otherwise been rehabilitated successfully.
.c) Applicant is participating in a supervised drug or alcohol rehabilitation
program.
3. 0 MANAGING THE WAITING LIST
3. 1. Overview
For purposes of applying, the term "family" is defined as a single person or a group of
persons and includes, but is not limited to, households with or without children; an
elderly person(s) (at least 62 years old or older); a disabled person(s); the remaining
member of an assisted tenant family who remains in the unit when other members of
the family have left; a displaced person( s) and a single person who is not an elderly or
displaced person; or a person with disabilities; or remaining members of a tenant
family.
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.
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
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The second phase is the final determination 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 including some with primarily minority readership. 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 libraries and neighborhood groups.
Taking Pre -Applications
All applicants will be required to complete a pre -application form, which will contain
information 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 -NET,
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. 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
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will be the final determining 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 will 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.
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 confirming 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.
3. 3. Second Phase
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 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.
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.
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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 him or her have been
exhausted. The PHA will not remove an applicant's name form the waiting list unless:
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 Denial
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 payments for monies owed to the PHA for 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.
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 Non -Alcohol and Drug Abuser Certification
provided they demonstrate to the PHA's satisfaction that they are no longer engaging in
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illegal use ,of a controlled substance or abuse of alcohol through one of the following
means:
a) Applicant has successfully completed a supervised drug or alcohol rehabilitation
program.
b) Applicant has otherwise been rehabilitated successfully.
c) 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
PHA, in writing, that they have ten (10) business days from the date of the written
correspondence, to present mitigating circumstances or request an informal review.
The letter will also indicate that their name will removed from the waiting list if they fail
to respond within the specified timeframe. The PHA 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 PHA will provide a reasonable accommodation. If the applicant
indicates that they did not respond due to a disability, the PHA 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 Hearing
The PHA 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 PHA 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.
3. 10 Conduct of Hearing
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:
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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. 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.
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 Preferences
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.
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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 member(s) - documentation must be provided of birth date or senior
citizen/ elderly status. A birth certificate, third -party 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. To ensure that this goat 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 review.
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 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
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list (unless the waiting list is exhausted or the property owner can demonstrate that
waiting list applicants are not sufficiently meeting the property owners' selection
criteria). Upon notice of a vacancy or prospective vacancy, the PHA shall refer
applicants whose housing unit size need and preference status matches 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.
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
determine 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 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 determined 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.
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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 "arms 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 determining the family unit size.
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 request 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 determined to be eligible by the PHA and is selected 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.
Full opportunity shall be provided to the families to ask questions and receive answers.
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5. 3 Orientation Packet
The Housing Choice Voucher Holder's packet shall include the following:
• The term 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 determines the payment standard for a family,
how the PHA determines total tenant payment for a family, and information 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 jurisdiction 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 form 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 from Lead in
Your Home.
Information on federal, state and local equal opportunity taws 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 terminate 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 informal 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.
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5. 4 Information to be Provided to Prospective Owners
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
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 information, the PHA will give prospective owners:
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 form 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 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 Miami.
The PHA may approve a request for extension or suspension of the term 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
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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 term;
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 term of the lease 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 program;
4. Circumstances beyond the control of the family that are inhibiting the family's
search.
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.
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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 "term 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:
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.
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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 terminate 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 item. 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
6. 1 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.
6. 2 Missed Recertification Appointment
If the family fails to respond to the recertification letter and fails to attend the
recertification appointment, a second letter will be sent by certified mailed. The second
letter will advise the family of their failure to appear, the opportunity to attend a re-
scheduled appointment and that termination of their assistance will result if the family
fails to appear at the second appointment. The family may request appointment re-
scheduling for good cause.
6. 3 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 terms of a yearly average so
as to excuse program participants from excessive reporting.
6. 4 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.
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QHWRA 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
determined 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. 5 Termination of Assistance Upon 180 Days of Zero HAP Payment
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 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.
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 reserves 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.
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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 where all occupants are age
6 or older; property that is built after January 1, 1978; property that has zero
bedrooms; property where all lead -based paint has been removed or the property has
been found to be free of lead -based paint by a certified lead -based paint inspector), will
not require 'a clearance examination but will still need to be stabilized or abated
according to "safe work practices".
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:
1. Success rates of program 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. Rent burdens of program 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 of greater housing choices: The PHA will review the availability of
greater housing choices for voucher holders.
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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 determination. 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 determines
that an adjustment should be made, the PHA shall make the necessary modifications
taking into account the size of the dwelling unit and other pertinent factors.
8. 3 Rent Reasonableness
Rent Reasonableness will be determined 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 compiled rental survey data for appropriateness. The location, quality,
size, unit type and age of the contract unit will be considered when making this
determination. The amenities, housing services, maintenance and utilities to be
provided by the owner under the lease will 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 survey
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 rental survey data used to make comparisons may be obtained through the
services of a state certified real estate appraiser or through collected rental data
information.
Each approved rent will contain a "Certification of Rent Reasonableness" form in the file
that will certify and document that the rent has been approved. The "Certification of
Rent Reasonableness" form will identify a specific comparable rent for a. similar type
unit considering the location, quality, size, unit type, and age of the contract unit.
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In addition, initial lease -up rent request will require the owner to sign the "Owner's
Certification of Rent Reasonableness" form to require owners to support the rent they
are charging. The "Owner's Certification of Rent Reasonableness" form will require the
owner to acknowledge that acceptance of housing assistance payments certifies that
the rent is not more than rent charged by the owner for comparable unassisted units in
the premises. 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. Each
case -file will contain this certification at initial lease -up.
Each file is subject to file review for completeness before payment is authorized.
Payment will not be authorized unless the "Certification of Rent Reasonableness" form
is contained in the file.
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 term.
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 family 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.
As detailed above, the PHA will assign new cases, as well as annual recertifications, to
Housing Specialist(s). The Housing Specialist determines tenants continued eligibility
and payment amounts.
Reinspection 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.
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At annualreinspections or during the lease term, should the housing fail an inspection,
the following will occur:
1. 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.
2. 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 reinspection 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 Requests to Move
Families must submit a written request to move and obtain the PHA's approval.
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 may only be approved under the following circumstances:
1. The lease has been terminated because the PHA terminated the HAP contract for
the owner's breach or by mutual agreement of the owner and tenant;
2. The family has received a notice to vacate the premises or the owner has
secured court authority to evict the family; or
3. The family has given notice of lease termination if such right is afforded under
the lease (the family must send notice to the PHA at the same time).
8. 6 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, in its discretion, which members of the family
continue to receive assistance in the program:
1. What is in the best interest of minor children or ill, elderly or disabled family
members.
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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.
3. Which family member has recognized custody of minor children in the family.
8. 7 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:
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 procedure is not followed, the unit will be considered abandoned and
termination of Housing Assistance Payments 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 maywant 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 permitted for:
1. Hospitalization
2. Commitment to short-term drug or alcohol treatment
3. Verifiable family illness or other family emergency
4. Other reasons to be determined by the PHA
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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
termination policy.
The PHA conducts a random mailing to a sample of all program participants to verify
continued occupancy.
8. 8 Payment of Monies Owed by the Owner or Family to the PHA
The PHA staff must report all cases ofsuspected 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 Program Management will re-
evaluate each account for referral for legal action where 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.
1. 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: 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.
2. 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 name 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.
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 terminate 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
terminations of assistance, and termination of tenancy by the owner. It is presented in
three parts:
Part I: Grounds for Termination of Assistance. This part discusses various reasons that
a family's assistance may be terminated, including voluntary termination by the family,
termination because the family no longer qualifies to receive subsidy, and termination
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 Tenancy by the Owner. This part presents the policies that
govern the owner's right to terminate an assisted tenancy.
10. 1 Grounds for Termination of Assistance
10. 1. A Overview
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 time by notifying the PHA.
10. 1. B. Family No Longer Requires Assistance [24 CFR 982.455]
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 Policy
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 PHA of the changed circumstances and request an interim reexamination
before the expiration of the 180-day period.
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10. 1. C. Family Chooses to Terminate Assistance
The family may request that the PHA terminate the family's assistance at any time.
PHA Policy
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. 1. D. Mandatory Termination of Assistance
HUD requires the PHA to terminate assistance in the following circumstances:
Eviction [24 CFR 982.552(b)(2), Pub.L. 109-162]
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 Policy
A family'will be considered evicted if the family moves after a legal eviction order has
been issued, whether or not physical enforcement of the order was necessary.
If a family moves after the owner has given the family an eviction notice for serious
or repeated lease violations but before a legal eviction order has been issued,
termination of assistance is not mandatory. 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. C 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)]
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)]
The PHA must terminate assistance if (1) a family fails to submit required
documentation within the required timeframe concerning any family member's
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citizenship or immigration status; (2) a, family submits evidence of citizenship and
eligible immigration status in a timely manner, but United States Citizenship and
Immigration Services ("USC1S") primary and secondary verification does not verify
eligible immigration status of the family; or (3) a family member, as determined by
the PHA, has knowingly permitted another individual who is not eligible for
assistance to reside (on a permanent basis) in the unit.
For (3) above, such termination must be for a period of at least 24 months. This
does not apply to ineligible noncitizens already in the household where the family's
assistance has been prorated.
Failure to Provide Social Security Documentation [24 CFR 5.218(c)]
The PHA must terminate assistance if a participant family fails to provide the
documentation or certification required for any family member who obtains a social
security number, joins the family, or reaches 6 years of age.
Methamphetamine Manufacturing or Production [24 CFR 982.553(b)(1)(ii)]
The PHA must terminate assistance if any household member has ever been
convicted of the manufacture or production of methamphetamine on the premises of
federally -assisted housing.
Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR
982.552(b)(5) and FR 4/10/06]
If a student enrolled at an institution of higher education is under the age of 24, is
not a veteran, is not married, does not have dependent children, 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 982.551(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;
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• Any household member has violated the
any' drug -related criminal activity;
• Any household member has violated the
violent criminal activity.
Use of Illegal Drugs and Alcohol Abuse
PHA Policy
family's obligation not to engage in
family's obligation not to engage in
The PHA will terminate a family's assistance if any household member is currently
engaged in any illegal use of a drug, or has a pattern of illegal drug use that
interferes with the health, _ safety, or right to peaceful enjoyment of the premises by
other residents.
The PHA will terminate assistance if any household member's abuse or pattern of
abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the
premises by other residents.
Currently engaged in is defined as any use of illegal drugs during the previous 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. C 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 activity is defined by HUD as the illegal manufacture, sale,
distribution, or use of a drug, or the possession of a drug with intent to manufacture,
sell, distribute or use the drug.
Violent criminal activity means any criminal activity that has as one of its elements
the use, attempted use, or threatened use of physical force substantial enough to
cause, or be reasonably likely to cause, serious bodily injury or property damage.
PHA Policy
The PHA will terminate a family's assistance if any household member has violated
the family's obligation not to engage in any drug -related or violent criminal activity
during participation in the HCV program.
The PHA will consider all credible evidence, including but not limited to, any record of
arrests and/or convictions of household members related to drug -related or violent
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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. C 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.
Other Authorized Reasons for Termination 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 will terminate 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 terms of a repayment agreement entered into
with the PHA.
. A family member has engaged in or threatened violent or abusive behavior
toward PHA personnel.
Abusive or violent behavior towards PHA personnel includes verbal as well as
physical abuse or violence. Use of racial epithets, or other language, written
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or oral, that is customarily used to intimidate may be considered abusive or
violent behavior.
Threatening refers to oral or written threats or physical gestures that
communicate intent to abuse or commit violence.
In making its decision to terminate assistance, the PHA will consider
alternatives as described in Section 10. 2. C. and other factors described in
Section 10. 2. D. 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.
Family Absence from the Unit [24 CFR 982.312]
The family may be absent from the unit for brief periods. The PHA must establish a
policy on how long the family, may be absent from the assisted unit. However, the
family may not be absent from the unit for a period of more than 180 consecutive
calendar days for any reason. Absence in this context means that no member of the
family is residing in the unit.
PHA Policy
If the family is absent from the unit for more than 180 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 [24 CFR 982.454]
The PHA may terminate HAP contracts if the PHA determines, in accordance with
HUD requirements, that funding under the consolidated ACC is insufficient to support
continued assistance for families in the program.
PHA Policy_
The PHA will determine whether there is sufficient funding to pay for currently
assisted families according to the policies in Part VIII of Chapter 16. If the PHA
determines there is a shortage of funding, prior to terminating any HAP contracts,
the PHA will determine if any other actions can be taken to reduce program costs. If,
after implementing all reasonable cost cutting measures, there is not enough funding
available to provide continued assistance for current participants, the PHA will
terminate HAP contracts as a last resort.
Prior to terminating any HAP contracts, the PHA will inform the local HUD field office.
The PHA will terminate the minimum number needed in order to reduce HAP costs to
a level within the PHA's annual budget authority.
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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.
10. 2. B. Method Of Termination [24 CFR 982.552(a)(3)]
The way in which the PHA terminates assistance depends upon individual
circumstances. HUD permits the PHA to terminate assistance by:
• Terminating housing assistance payments under a current HAP contract,
• 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. C. Alternatives To Termination Of Assistance
Change in Household Composition
As a condition of continued assistance, the PHA may require that any household
member who participated in, or was responsible for, an offense no longer resides in
the unit [24 CFR 982.552(c)(2)(ii)].
PHA Policy
As a condition of continued assistance, the head of household must certify that the
culpable family member has vacated the unit and will not be permitted to visit or to
stay as a guest in the assisted unit. The family must present evidence of the former
family member's current address upon PHA request.
Repayment of Family Debts
PHA Policy
If a family owes amounts to the PHA, as a condition of continued assistance, the PHA
will require the family to repay the full amount or to enter into a repayment
agreement, within 30 days of receiving notice from the PHA of the amount owed.
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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 Policy
The PHA will use preponderance of the evidence as the standard for making all
termination decisions.
Preponderance of the evidence is defined as evidence which is of greater weight or
more convincing than the evidence which is offered in opposition to it; that is,
evidence which as a whole shows that the fact sought to be proved is more probable
than not. Preponderance of the evidence may not be determined by the number of
witnesses, but by the greater weight of all evidence.
Consideration of Circumstances [24 CFR 982.552(c)(2)(i)]
The PHA is permitted, but not required, to consider all relevant circumstances when
determining whether a family's assistance should be terminated.
PHA Policy
The PHA will consider the following 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-II.E) 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.
• 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.
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• 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.
Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]
If the family includes a person with disabilities, the PHA's decision to terminate the
family's assistance is subject to consideration of reasonable accommodation in
accordance with 24 CFR Part 8:
PHA Policy
If a family indicates that the behavior of a family member with a disability is the
reason for a proposed termination of assistance, the PHA will determine whether the
behavior is related to the disability. If so, upon the family's request, the PHA will
determine whether alternative measures are appropriate as a reasonable
accommodation. The PHA will only consider accommodations that can reasonably be
expected to address the behavior that is the basis of the proposed termination of
assistance.
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 2005 ("VAWA") provides that
"criminal activity directly relating todomestic 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."
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."
Victim Documentation
PHA Policy
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 affirming that claim.
The documentation must include two elements:
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• 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 service 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 terminating assistance to, or otherwise penalizing the
victim 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 termination 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
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terminated, the PHA will bypass the standard process and proceed with the
immediate termination 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. 15-7]
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 terminated;
• The effective date of the termination; 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
1. The tenant and landlord will be mailed a notice of intent to terminate Section 8
benefits. The notice shall state the grounds for removal. It shalladvise 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.
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 informing 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).
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Notice of Termination Based on Citizenship Status [24 CFR 5.514 (c) and
(d)]
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 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 informal 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 terminate will be sent to the family and the owner at least 30 calendar
days prior to the effective date of the termination.
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 Owner
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 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 term of the lease, the owner is not permitted to terminate the tenancy
except for serious or repeated violations of the lease, certain violations of state or
local law, or other good cause.
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Serious or Repeated Lease Violations
The owner is permitted to terminate the family's tenancy for serious or repeated
violations of the terms and conditions of the lease, 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 permitted to terminate the tenancy if a family member violates federal,
state, or local law that imposes obligations in connection with the occupancy or use
of the premises.
Criminal Activity or Alcohol Abuse
The owner may terminate tenancy during the term of the lease if any covered
person, meaning any member of the household, a guest or another person under the
tenant's control commits any of the following types of criminal activity (for applicable
definitions see 24 CFR 5.100):
• Any criminal activity that threatens the health or safety of, or the right to
peaceful enjoyment of the premises by, other residents (including property
management staff residing on the premises);
• Any criminal activity that threatens the health or safety of, or the right to
peaceful enjoyment of their residences by, persons residing in the immediate
vicinity of the premises;
• Any violent criminal activity on or near the premises; or
• Any drug -related criminal activity on or near. the premises.
The owner may terminate tenancy during the term of the lease if any member of the
household is:
• Fleeing to avoid prosecution, custody, or confinement after conviction for a crime
or an attempt to commit a crime that is a felony under the laws of the place from
which the individual flees, or that, in the case of the State of New Jersey, is a
high misdemeanor; or
• Violating a condition of probation or parole imposed under federal or state law.
The owner may terminate tenancy 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.
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.
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TAB 3 - HCV Administrative Plan
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Evidence of Criminal Activity
The owner may terminate tenancy and evict by judicial action a family for criminal
activity by a covered person if the owner determines 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 term, the owner may not terminate the tenancy for "other
good cause" unless the owner is terminating the tenancy because of something the
family did or failed to do. During the initial lease term or during any extension term,
other good cause includes the disturbance of neighbors, destruction of property, or
living or housekeeping habits that cause damage to the unit or premises.
After the initial lease term, "other good cause" for termination of tenancy by the
owner includes:
• Failure by the family to accept the offer of a new lease or revision;
• The owner's desire to use the unit for personal or family use, or for a purpose
other than as a residential rental unit; or
• A business or economic reason for termination of the tenancy (such as sale of the
property, renovation of the unit, or desire to lease the unit at a higher rent).
After the initial lease term, the owner may give the family notice at any time, in
accordance with the terms of the lease.
10. 3. C. Eviction [24.CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy
Addendum]
The owner must give the tenant a written notice that specifies the grounds for
termination of tenancy during the term of the lease. The tenancy does not terminate
before the owner has given this notice, and the notice must be given at or before
commencement of the eviction action.
The notice of grounds may be included in, or may be combined with, any owner
eviction notice to the tenant.
Owner eviction notice means a notice to vacate, or a complaint or other initial
pleading used under state or local law to commence an eviction action. The owner
may only evict the tenant from the unit by instituting a court action. The owner must
give the PHA a copy of any eviction notice at the same time the owner notifies the
family. The family is also required to give the PHA a copy of any eviction notice.
City of Miami Section 8 Programs Manual
TAB 3 - HCV Administrative Plan
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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 982.31O(h), Pub.L. 109-
162]
An owner who has grounds to terminate a tenancy is not required to do so, and may
consider all of the circumstances relevant to a particular case before making a
decision. These might include:
• The nature of the offending action;
• The seriousness of the offending action;
• The effect on the community of the termination, or of the owner's failure to
terminate the tenancy;
• The extent of participation by the leaseholder in the offending action;
• The effect of termination of tenancy on household members not involved in the
offending activity;
• The demand for assisted housing by families who will adhere to lease
responsibilities;
• The extent to which the leaseholder has shown personal responsibility and taken
all reasonable steps to prevent or mitigate the offending action;
• The effect of the owner's action on the integrity of the program.
The owner may require a family to exclude a household member in order to continue
to reside in the assisted unit, where that household member has participated in, or
been culpable for, action or failure to act that warrants termination.
In determining whether to terminate tenancy for illegal use of drugs or alcohol abuse
by a household member who is no longer engaged in such behavior, the owner may
consider whether such household member is participating in or has successfully
completed a supervised drug or alcohol rehabilitation program, or has otherwise
been rehabilitated successfully (42 U.S.C. 13661). For this purpose, the owner may
require the tenant to submit evidence of the household member's current
participation in, or successful completion of, a supervised drug or alcohol
rehabilitation program or evidence of otherwise having been rehabilitated
successfully.
The owner's termination of tenancy actions must be consistent with the fair housing
and equal opportunity provisions in 24 CFR 5.105.
An owner's decision to terminate tenancy for incidents related to domestic violence,
dating violence, or stalking is limited by the Violence Against Women Reauthorization
Act of 2005 (VAWA). (See Section 10. 2. E.)
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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.
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 terminate 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 determination to terminate 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 terminate assistance,. the PHA shall give the
applicant written notification of its decision denying or terminating 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.
City of Miami Section 8 Programs Manual.
TAB 3 - HCV Administrative Plan
Page 46 of 56
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 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.
12. 0 ADMINISTRATIVE 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 $25,000 of Section 8 administrative fee reserve during any one fiscal year
without direct City Commission approval.
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TAB 3 - HCV Administrative Plan
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ATTACHMENT A
Statement of Family Obligations
The following is a listing of a participant family's obligations under the HCV program:
• The family must supply any information that the PHA or HUD determines to be
necessary, including submission of required evidence of citizenship or eligible
immigration status.
• The family must supply any information requested by the PHA or HUD for use in a
regularly scheduled reexamination or interim reexamination of family income and
composition.
• The family must disclose and verify social security numbers and sign and submit consent
forms for obtaining information.
• Any information supplied by the family must be true and complete.
• The family 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 normal wear and tear caused by any member of the
household or guest.
PHA Policy
Damages beyond normal wear and tear will be considered to be damageswhich could be
assessed against the security deposit.
• The family must allow the PHA to inspect the unit at reasonable times and after
reasonable notice, as described in Chapter 8 of this plan.
• The family must not commit any serious or repeated violation of the lease.
PHA Policy
The PHA will determine if a family has committed serious or repeated violations of the
lease based on available evidence, including but not limited to, a court -ordered eviction,
or an owner's notice to evict.
Serious and repeated lease violations will include, but not be limited to, nonpayment of
rent, disturbance of neighbors, destruction of property, or living or housekeeping habits
that cause damage to the unit or premises and criminal activity. Generally, the criterion
to be used is whether the reason for the eviction was through no fault of the tenant or
guests.
• The family must notify the PHA and the owner before moving out of the unit or
terminating the lease.
PHA Policy
The family must comply with lease requirements regarding written notice to the owner.
The family must provide written notice to the PHA at the same time the owner is
notified.
• The family must promptly give the PHA a copy of any owner eviction notice.
• The family must use the assisted unit for residence by the family. The unit must be the
family's only residence.
City of Miami Section 8 Programs Manual
TAB 3 - HCV Administrative Plan
Page 48 of 56
• The composition of the assisted family residing in the unit must be approved by the PHA.
The family must promptly notify the PHA in writing of the birth, adoption, or court -
awarded custody of a child. The family must request PHA approval to add any other
family member as an occupant of the unit.
PHA Policy
The request to add a family member must be submitted in writing and approved prior to
the person moving into the unit. The PHA will determine eligibility of the new member in
accordance with the PHA policies.
• The family must promptly notify the PHA in writing if any family member no longer lives
in;the unit.
If the PHA has given approval, a foster child or a live-in aide may reside in the unit. The
PHA has the discretion to adopt reasonable policies concerning residency by a foster
child or a live-in aide, and to define when PHA consent may be given or denied.
• The family must not sublease the unit, assign the lease, or transfer the unit.
PHA Policy
Subleasing includes receiving payment to cover rent and utility costs by a person living
in the unit who is not listed as a family member.
• The family must supply any information requested by the PHA to verify that the family is
living in the unit or information related to family absence from the unit.
• The family must promptly notify the PHA when the family is absent from the unit.
PHA Policy
Notice is required under this provision only when all family members will be absent from
the unit for an extended period. An extended period is defined as any period greater
than 30 calendar days. Written notice must be provided to the PHA at the start of the
extended absence.
• The family must pay utility bills and provide and maintain any appliances that the owner
is not required to provide under the lease [Form HUD-52646, Voucher].
• The family must not own or have any interest in the unit, (other than in a cooperative
and owners of a manufactured home leasing a manufactured home space).
• Family members must not commit fraud, bribery, or any other corrupt or criminal act in
connection with the program.
• Family members must not engage in drug -related criminal activity or violent criminal
activity or other criminal activity that threatens the health, safety or right to peaceful
enjoyment of other residents and persons residing in the immediate vicinity of the
premises. See Chapter 10 for HUD and PHA policies related to drug -related and violent
criminal activity.
• Members of the household must not engage in abuse of alcohol in a way that threatens
the health, safety or right to peaceful enjoyment of the other residents and persons
residing in the immediate vicinity of the premises. See Chapter 10 for a discussion of
HUD and PHA policies related to alcohol abuse.
• An assisted family or member of the family must not receive HCV program assistance
while receiving another housing subsidy, for the same unit or a different unit under any
other federal, state or local housing assistance program.
City of Miami Section 8 Programs Manual
TAB 3 - HCV Administrative Plan
Page 49 of 56
• A family must not receive HCV program assistance while residing in a unit owned by a
parent, child', grandparent, grandchild, sister or brother of any member of the family,
unless the PHA has determined (and has notified the owner and the family of such
determination) that approving rental of the unit, notwithstanding such relationship,
would provide reasonable accommodation for a family member who is a person with
disabilities. [Form HUD-52646, Voucher]
City of Miami Section 8 Programs Manual
TAB 3 - HCV Administrative Plan
Page 50 of 56
ATTACHMENT B
Operating Procedures for HCV Eligibility
Certifications and Re -Certifications & Housing
Search and Lease -up for Voucher Holders
I. Eligibility Certifications and Re -Certifications
A. Scheduling the Initial or the Re -Certification Appointment
1. Waitlisted 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 -Certifying 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)
City of Miami Section 8 Programs Manual
TAB 3 - HCV Administrative Plan
Page 51 of 56
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 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
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 perform 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
City of Miami Section 8 Programs Manual
TAB 3 - HCV Administrative Plan
Page 52 of 56
Housing Specialists should follow HUD's guidance in completing
HUD Form 50058:
Form HUD-50058 Instruction Booklet at:
www.hudclips.org/sub nonhud/cgi/pdfforms/50058i.pdf
• PIC Form-50058 User Manual at:
http://www.hud.gov/offices/pih/systems/pic/userguides.cfm
#50058)
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 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 th.e landlord. If during
the 180-day period, the family'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
City of Miami Section 8 Programs Manual
TAB 3 - HCV Administrative Plan
Page 53 of 56
voucher orientation package (as described in section 5.3 of the
Section 8 HCV Administrative Plan herein) with the head of
household.
. 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."
Housing Specialists should follow HUD's guidance in completing
HUD Form 50058:
• Form HUD-50058 Instruction Booklet at:
www.hudclios.org/sub nonhudlcgi/pdfformsJ50058i.pdf
• PIC Form-50058 User Manual at:
htto://www.hud.gov./offices]pih/systems/pic/userguides.cfm
#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. Owner 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.
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TAB 3 - HCV Administrative Plan
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3. 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
Form 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 Tess than the payment standard or would not
result in a cost to the household that exceeds the household's
maximum rent burden.
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 plate 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.
City of Miami Section 8 Programs Manual
TAB 3 - HCV Administrative Plan
Page 55 of 56
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.hudclios.orglsub nonhud/cgi/pdfforms/50058i.odf
PIC Form-50058 User Manual at:
http;IIwww.hud.govloffices/pih/systems/pic/userguides.cfm
#50058)
▪ Notification to Owner and Participant•
Upon submission of the Form 50058 to HUD, the Housing Specialist
must mail:
• 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.
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