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#8 Rent Assistance Administrative Plan _A_ Cov NEIGHBORHOOD SERVICES MEMORANDUM May 21, 2009 Memo To: Community Development Authority Memo From: Kimberly Mangione, Housing Specialist Subject: Item #8 – Public Hearing and Action on Proposed Revised Administrative Plan for the Section 8 Rental Assistance Program Background The City of Janesville, Neighborhood Services office, which administers the Section 8 Housing Choice Voucher Program is governed on two levels. The first level is the Code of Federal Regulations, which HUD uses to outline many of the Section 8 Program requirements. The second level is a HUD authorized local Administrative Plan, which must cover any policies that are exclusive to the local housing agency. The Community Development Authority has the responsibility of establishing and updating the Administrative Plan. Any time policy changes are necessitated, a formal change must be made to the Administrative Plan, and any changes must ultimately be submitted to the local HUD field office for review. The Administrative Plan currently in use by the Neighborhood Services Office was last revised and approved in April of 2001. Summary of Changes The following are HUD-mandated expansions of existing policy, and inclusions of new policies for all housing authorities participating in the Section 8 Housing Choice Voucher Program, as well as staff recommended changes. Policy 2 -Definitions A number of new definitions were added to the Plan. These serve as clarification for any existing policies in place. They do not change any policies or procedures that have been in practice. This is in response to notification from HUD to all housing authorities that specific terms be well defined in a clear, concise manner within their Administrative Plan to ensure consistency in Program administration and Program clarification upon public review. Policy 13 – Minimum Rent Minimum Rent. Neighborhood Services has always had a minimum rent contribution of $25.00 per month for Voucher holders. We have issued a separate policy number to this requirement to expand upon how a family could apply for a hardship exemption from this minimum rent contribution if circumstances prevent them from making this contribution. Policy 28 - Equal Opportunity and Fair Housing Policy Expanded to include policy on Services for non-English speaking applicants and participants. Also includes policy on Reasonable Accommodation requests. Reasonable Accommodation is referenced in various policies throughout the Plan. The references apply to individuals with disabilities and to when notification of the right to request Reasonable Accommodation will be provided. Notification policy and procedure is a fairly recent mandate by HUD, and is a new addition to our Plan. Policy 30 – Violence Against Women Act (VAWA) This is a new policy which addresses the provisions of the Violence Against Women and Department of Justice Reauthorization Act of 2005. It explains the policies of Neighborhood Services regarding victims of domestic violence, dating violence and stalking. This policy protects a victim’s rights in regards to lease obligations and Program participation if they are a Voucher holder, or member of an assisted household. Compliance with this Act is a HUD requirement. Criminal History Admission to the Program Current Policy: Drug-Related Offenses. We currently review for 1 offense in last 12 months, or 5 offenses in the last 36 months. Disorderly Conduct Offenses Charges are completely disregarded. Proposed Policy: Drug-Related Offenses. Review for 1 offense in last 12 months, or 3 offenses in the last 36 months. Disorderly Conduct Offenses. Review for 1 offense in the last 12 months, or 3 offenses in the last 36 months. I Criminal History Participation in the Program Current Policy: Drug-Related Offenses – No change requested. Current Policy: Disorderly Conduct Offenses – If there is record of charges for Disorderly Conduct, in which there was use of a weapon, and the victim were to have sought medical attention, Termination proceedings would begin. Proposed Policy: Disorderly Conduct Offenses – If there is a record of charges for Disorderly Conduct, which involved any physical contact violations, Termination proceedings would begin. The specifics of these policies can be found in Policy 6.03.2 for Admissions and Policy 18 for Termination of existing Voucher holders. Language Changes, Clarifications and Omissions There were numerous references in the 2001 Plan to “Certificates”, which have been removed. The Certificate Program is no longer in existence, and the Program offers Vouchers exclusively. These out of date references have been removed. There are clarifications regarding a Voucher holder’s right to request judicial review of a hearing or review decision from the circuit court within thirty days of the date of the decision. Previously, it was simply stated that the Housing Director’s decision would be final. We shall also provide this language on formal notification to Voucher holders after hearings and reviews. Other changes have been made throughout the plan to clarify or expand upon current policy. A draft of this plan has been shared with the local HUD field office and Legal Action of Wisconsin. Recommendation Following a public hearing, staff recommends that the CDA approve the proposed Administrative Plan as revised. cc: Jennifer Petruzzello, Neighborhood Services Director