#4 Rent Assistance Administrative Plan 4-14-10
SECTION 8
RENTAL ASSISTANCE
ADMINISTRATIVE
PLAN
JANESVILLE COMMUNITY
DEVELOPMENT AUTHORITY
18 North Jackson Street
Janesville, WI 53548
4/14/10 PROPOSED REVISIONS
Proposed changes are noted in bold, underline and/or strike-through
This plan was adopted by the Janesville Community Development Authority on May 27, 2009.
This plan supersedes all previously adopted plans.
TABLE OF CONTENTS
Policy #Page #
1 Plan and Program Purpose and Organization………………………………… 1
2 Definitions……………………………………………………………………. 3
3 Eligibility for Participation……………………………………………………14
4 Wait List Management………………………………...……………………...15
5 Selection of Applicants from Wait List(s)……………………………………17
6 Admission to Program……………………………………………………….. 19
7 Term of Housing Choice Voucher…………………………………………... 25
8 Dwelling Unit Approval……………………………………………………... 26
9 Release of Tenant Information………………………………………………. 29
10 Approval of Owners…………………………………………………………. 30
11 Lease Requirements…………………………………………………………. 32
12 Re-Examination of Income, Expenses, Assets, and Family Composition…... 33
13 Minimum Rent ……………………………………………………………….35
14 Moving with Continued Assistance…………………………………………. 37
15 Absence from Unit…………………………………………………………... 40
16 Family Break-up/Deceased Head of Household…………………………….. 41
17 Failure to Report Changes in Income, Expenses, Assets, Family
Composition or Other Misrepresentations……………………………………42
18 Termination of Assistance to Illegal Drug Users and Alcohol Abusers…….. 44
19 Termination of Lease………………………………………………………… 46
20 Informal Review for Applicant……………………………………………… 47
TABLE OF CONTENTS
Policy #Page #
21 Informal Hearing for Participant…………………………………………….. 48
22 Informal Hearing Procedures………………………………………………... 49
23 Claims for Rent, Damages, and Vacancy Loss……………………………… 51
24 Approval of Live-In Aide……………………………………………………. 52
25 Family Self-Sufficiency (FSS) Program……………………………………...53
26 Rent Reasonableness………………………………………………………… 55
27 Verification of Information ………………………………………….……….57
28 Equal Opportunity and Fair Housing Policy…………………………….……58
29 Certification ………………………………………………………………….60
30 Violence Against Women Act ……………………………………………….61
31 Termination of Assistance Due to Insufficient Funds……………………….64
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POLICY 1
PLAN AND PROGRAM PURPOSE AND ORGANIZATION
1.01 PURPOSE
1.01.1
The purpose of the Administrative Plan is to establish policies for items which are not
clearly defined under Federal Regulations for the Section 8 Housing Choice Voucher
Program (hereinafter referred to as the “Program”) operated by the Janesville
Community Development Authority. The plan covers both admission to and continued
participation in the Program. Changes to the Plan will be approved by the Janesville
Community Development Authority.
The Janesville Community Development Authority (CDA) is responsible for complying
with Federal Statute and HUD regulations pertaining to the Program. This Plan is
subject to changes in all Statutes and Federal Regulations. In the event of a
discrepancy, Statute and Regulation will supersede the Administrative Plan.
The Program’s objectives are to provide rental assistance to eligible low income
households, to provide safe, decent and sanitary housing to low income households in
the City of Janesville, and to offer a Family Self Sufficiency Program. All households
served by this Program will reside in housing units that meet Housing Quality
Standards as specified in 982.401 of the Code of Federal Regulations (CFR).
1.02 PROGRAM DEFINITION
1.02.1
The Section 8 Rent Assistance Program, as administered by the Janesville Community
Development Authority, is a program designed to assist very low income families in renting, or
continuing to rent, decent, safe, and sanitary housing at costs which they can afford. The
Community Development Authority will comply with HUD regulations for Section 8 Existing
and Housing Voucher Programs (CFR 24, Chapter VIII, Parts 982 and Administrative Handbook
7420.7) in administration of the program. The Janesville Community Development Authority is
created pursuant to Section 66.4325 of the Wisconsin Statutes.
1.02.2
The Authority will also operate a Family Self-Sufficiency (FSS) Program. The FSS
Program will enable families participating in the Section 8 Rental Assistance Program to attain
the skills, knowledge and motivation to secure the opportunities needed for them to become
economically, socially and financially independent and self-sufficient. The goal of the FSS
program is to develop opportunities for clients participating in the program. Clients will be
connected to agencies and organizations in the community who will help them achieve their
goals.
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1.03STAFFING
The following staff, under the direction of the Neighborhood Services Director, will administer
the Section 8 Rent Assistance program.
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Section 8 Housing Specialist (2)
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Customer Service Representative (part-time)
1.04ACTIVITIES AND RESPONSIBILITIES
Section 8 staff shall be responsible for and complete the following activities:
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Maintain program records
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Inform eligible families of program
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Encourage owners to make units available
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Encourage fair housing
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Inspect or assure unit conditions
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Approve leases
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Make housing assistance payments to owners
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POLICY 2
DEFINITIONS
2.01DEFINITIONS
In order to provide clarification, the following terms used in this plan shall be defined as follows:
Allowance for Utilities and Other Services ("Allowances")
An amount which serves as an allowance for the cost of utilities (except telephone and cable
television) and charges for other services payable directly by the family. Where the family pays
directly for one or more utilities or services, the amount of the allowance is deducted from the
Gross Rent in determining the Contract Rent and is included in the Total Tenant Payment.
Annual Income
The anticipated total income from all sources of the family head and spouse (even if temporarily
absent), and each additional member of the family household who is over 18 (including foster
children) anticipated to be received during a 12 month period.
Income, including all net income derived from assets, shall include, but not be limited to:
a) Annual income means all amounts, monetary or not, which:
(1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other
family member; or
(2) Are anticipated to be received from a source outside the family during the 12-month period
following admission or annual reexamination effective date; and
(3) Which are not specifically excluded in paragraph (c) of this section.
(4) Annual income also means amounts derived (during the 12-month period) from assets to
which any member of the family has access.
(b) Annual income includes, but is not limited to:
(1) The full amount, before any payroll deductions, of wages and salaries, overtime pay,
commissions, fees, tips and bonuses, and other compensation for personal services;
(2) The net income from the operation of a business or profession. Expenditures for business
expansion or amortization of capital indebtedness shall not be used as deductions in determining
net income. An allowance for depreciation of assets used in a business or profession may be
deducted, based on straight line depreciation, as provided in Internal Revenue Service
regulations. Any withdrawal of cash or assets from the operation of a business or profession will
be included in income, except to the extent the withdrawal is reimbursement of cash or assets
invested in the operation by the family;
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(3) Interest, dividends, and other net income of any kind from real or personal property.
Expenditures for amortization of capital indebtedness shall not be used as deductions in
determining net income. An allowance for depreciation is permitted only as authorized in
paragraph (b) (2) of this section. Any withdrawal of cash or assets from an investment will be
included in income, except to the extent the withdrawal is reimbursement of cash or assets
invested by the family. Where the family has net family assets in excess of $5,000, annual
income shall include the greater of the actual income derived from all net family assets or a
percentage of the value of such assets based on the current passbook savings rate, as determined
by HUD;
(4) The full amount of periodic amounts received from Social Security, annuities, insurance
policies, retirement funds, pensions, disability or death benefits, and other similar types of
periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed
start of a periodic amount (except as provided in paragraph (c)(14) of this section);
(5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's
compensation and severance pay (except as provided in paragraph (c)(3) of this section);
(6) Welfare assistance payments. (i) Welfare assistance payments made under the Temporary
Assistance for Needy Families (TANF) program are included in annual income only to the extent
such payments:
(A) Qualify as assistance under the TANF program definition at 45 CFR 260.31; and
(B) Are not otherwise excluded under paragraph (c) of this section.
(ii) If the welfare assistance payment includes an amount specifically designated for shelter and
utilities that is subject to adjustment by the welfare assistance agency in accordance with the
actual cost of shelter and utilities, the amount of welfare assistance income to be included as
income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount specifically designated for
shelter or utilities; plus
(B) The maximum amount that the welfare assistance agency could in fact allow the family for
shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of
need by applying a percentage, the amount calculated under this paragraph shall be the amount
resulting from one application of the percentage.
(7) Periodic and determinable allowances, such as alimony and child support payments, and
regular contributions or gifts received from organizations or from persons not residing in the
dwelling;
(8) All regular pay, special pay and allowances of a member of the Armed Forces (except as
provided in paragraph (c) (7) of this section).
(9) For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in
excess of amounts received for tuition, that an individual receives under the Higher Education
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Act of 1965 (20 U.S.C. 1001 et seq. ), from private sources, or from an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be
considered income to that individual, except that financial assistance described in this paragraph
is not considered annual income for persons over the age of 23 with dependent children. For
purposes of this paragraph, “financial assistance” does not include loan proceeds for the purpose
of determining income.
(c) Annual income does not include the following:
(1) Income from employment of children (including foster children) under the age of 18 years;
(2) Payments received for the care of foster children or foster adults (usually persons with
disabilities, unrelated to the tenant family, who are unable to live alone);
(3) Lump-sum additions to family assets, such as inheritances, insurance payments (including
payments under health and accident insurance and worker's compensation), capital gains and
settlement for personal or property losses (except as provided in paragraph (b)(5) of this section);
(4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of
medical expenses for any family member;
(5) Income of a live-in aide, as defined in §5.403;
(6) Subject to paragraph (b) (9) of this section, the full amount of student financial assistance
paid directly to the student or to the educational institution;
(7) The special pay to a family member serving in the Armed Forces who is exposed to hostile
fire;
(8)(i) Amounts received under training programs funded by HUD;
(ii) Amounts received by a person with a disability that are disregarded for a limited time for
purposes of Supplemental Security Income eligibility and benefits because they are set aside for
use under a Plan to Attain Self-Sufficiency (PASS);
(iii) Amounts received by a participant in other publicly assisted programs which are specifically
for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing,
transportation, child care, etc.) and which are made solely to allow participation in a specific
program;
(iv) Amounts received under a resident service stipend. A resident service stipend is a modest
amount (not to exceed $200 per month) received by a resident for performing a service for the
PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such
services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance,
resident initiatives coordination, and serving as a member of the PHA's governing board. No
resident may receive more than one such stipend during the same period of time;
(v) Incremental earnings and benefits resulting to any family member from participation in
qualifying State or local employment training programs (including training programs not
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affiliated with a local government) and training of a family member as resident management
staff. Amounts excluded by this provision must be received under employment training programs
with clearly defined goals and objectives, and are excluded only for the period during which the
family member participates in the employment training program;
(9) Temporary, nonrecurring or sporadic income (including gifts);
(10) Reparation payments paid by a foreign government pursuant to claims filed under the laws
of that government by persons who were persecuted during the Nazi era;
(11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the
head of household and spouse);
(12) Adoption assistance payments in excess of $480 per adopted child;
(13) [Reserved]
(14) Deferred periodic amounts from supplemental security income and social security benefits
that are received in a lump sum amount or in prospective monthly amounts.
(15) Amounts received by the family in the form of refunds or rebates under State or local law
for property taxes paid on the dwelling unit;
(16) Amounts paid by a State agency to a family with a member who has a developmental
disability and is living at home to offset the cost of services and equipment needed to keep the
developmentally disabled family member at home; or
(17) Amounts specifically excluded by any other Federal statute from consideration as income
for purposes of determining eligibility or benefits under a category of assistance programs that
includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c)
apply. A notice will be published in the Federal Register and distributed to PHAs and housing
owners identifying the benefits that qualify for this exclusion. Updates will be published and
distributed when necessary.
(d) Annualization of income. If it is not feasible to anticipate a level of income over a 12-month
period ( e.g., seasonal or cyclic income), or the PHA believes that past income is the best
available indicator of expected future income, the PHA may annualize the income anticipated for
a shorter period, subject to a redetermination at the end of the shorter period.
Annual Income after Allowances
The gross income minus the following allowances:
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$480 for each minor;
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Unusual expenses, i.e., amounts paid by the family for care of minors under 13 years of age
or for the care of disabled or handicapped family household members, but only where such
care is necessary to enable a family member to be gainfully employed or to further his/her
education and the amount allowable as Unusual Expenses shall not exceed the amount of
income from such employment;
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$400 for each elderly or handicapped family;
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Medical expenses anticipated during the 12 month period for which the annual income is
computed, which are not covered by insurance, and which exceed 3% of the annual income
(for elderly or handicapped or disabled families only).
Applicant
A family that has applied for admission to a program, but is not yet a participant in the program.
Co-head
The spouse of the head of household.
Contract Rent
The rent payable to the owner under his/her contract including the portion of the rent payable by
the family and Public Housing Authority or HUD on family's behalf. In the case of a
cooperative, the term "Contract Rent" means charges under occupancy agreements between the
members and the cooperative.
Dating Violence
The term “dating violence” means violence committed by a person:
(A)Who is or has been in a social relationship of a romantic or intimate nature with the
victim; and
(B)Where the existence of such a relationship shall be determined based on a
consideration of the following factors:
a.The length of the relationship.
b.The type of relationship
c.The frequency of interaction between the persons involved in the
relationship.
Disabled Person
A person who is under a disability as defined in section 223 of the Social Security Act (42
U.S.C. 423), or who 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)). For purposes
of the Fair Housing Act, the Americans with Disabilities Act, §504 of the Rehabilitation Act of
1973, and state and local laws protecting the rights of the disabled, the CDA will interpret the
definition of “disabled person” consistent with definitions provided in the applicable statute,
regulation or ordinance.
Displaced Family
A family displaced by governmental action, or a person whose dwelling has been extensively
damaged or destroyed as a result of a disaster declared or otherwise formally recognized under
Federal disaster relief laws.
Domestic Violence
The term “domestic violence” includes felony or misdemeanor crimes of violence committed by
a current or former spouse of the victim, by a person with whom the victim shares a child in
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common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by
a person similarly situated to a spouse of the victim under the domestic or violence laws of the
jurisdiction receiving grant monies, or by any other person against an adult or youth victim who
is protected from that person’s acts under the domestic or family violence laws of the
jurisdiction.
Drug-Related Criminal Activity
The illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell,
distribute or use a controlled substance.
Elderly Family
A family whose head, spouse, or sole member is a person who is at least 62 years of age; or two
or more persons who are at least 62 years of age living together; or one or more persons who are
at least 62 years of age living with one or more live-in aides.
Elderly Person
A person who is at least 62 years of age.
Eligible Immigrants
Eligible immigrants are noncitizens and non-nationals of the United States who are residing in
the United States and able to provide verification according to HUD and INS guidelines that they
are eligible to receive federal housing assistance.
The Housing Authority shall require those persons claiming to be eligible immigrants to provide
verification of status according to the following two categories:
a. Persons who are 62 years or older:
Self certification of eligible immigrant status; and Proof of age.
b. Persons who are under 62 years of age:
Self certification of eligible immigrant status.
Verification form for INS SAVE system:
One or more of the following acceptable INS documents:
?Resident Alien Card (I-551)
?Alien Registration Receipt Card (I-151)
?Arrival-Departure Record (I-94)
?Temporary Resident Card (I-688)
?Employment Authorization Card (I-688B)
?Receipt issued by INS for issuance of replacement of any
of the above documents that shows individual’s entitlement
has been verified.
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Each family must declare their status once. Assistance cannot be delayed, denied, or terminated
while verification of status is pending, except that assistance to applicants may be delayed while
a Hearing is pending.
Extremely Low Income Family
A family whose gross annual income does not exceed 30% of the median income for Rock
County (adjusted for family size) as determined by the Secretary of the Department of Housing
and Urban Development (HUD).
Fair Market Rent (FMR)
The rent, including utilities (except telephone and cable television), all maintenance
management, and other services which would be required to be paid in order to obtain privately
owned, existing, decent, safe, and sanitary rental housing of modest nature with suitable
amenities. Separate Fair Market Rents shall be established by HUD for dwelling units of varying
sizes and types and will be published in the Federal Register annually.
Family Composition
A “family” may be a single person or a group of persons.
A single person family may be:
An elderly person
A disabled person
A displaced person
Any other single person
A family includes a family with a child or children. A child who is temporarily away from the
home for less than a 12 month time period because of placement in foster care is considered a
member of the family.
A group of persons consisting of two or more elderly persons or disabled persons living together,
or one or more elderly or disabled persons living with one or more live-in aides is a family.
Family Self-Sufficiency (FSS) Program
A voluntary program whose goal is to enable families participating in the Section 8 Rental
Assistance Program to attain the skills, knowledge and motivation to secure the opportunities
needed for them to become economically, socially and financially independent and self-
sufficient.
Gross Rent
The Contract Rent plus any Allowance for Utilities and Other Services.
Immediate Family Member
A spouse, parent, brother, sister, or child of that person, or an individual to whom that person
stands in loco parentis; or any other person living in the household of that person and related to
that person by blood or marriage.
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Ineligible Family Members
Ineligible family members are noncitizens and non-nationals of the United States who are
residing in the United States and who do not meet HUD and INS guidelines as eligible to receive
federal housing assistance.
Noncitizen students on student visas are ineligible members even though they are in the country
lawfully. They must provide their student visa but their status will not be verified and they do
not sign a self certification but are listed as ineligible family members.
Failure to Provide: If an applicant or participant family member fails to sign required
declarations and consent forms or provide documents, as required, they must be
listed as an ineligible family member. If the entire family fails to provide and sign
as required, the family may be denied or terminated for failure to provide required
information.
Live-in Aide
A person who resides with one or more elderly persons, or near-elderly persons, or persons with
disabilities, and who:
1.Is determined to be essential to the care and well being of the persons, as documented in a
signed physician’s statement declaring the necessity of such an individual;
2.Is not obligated for the support of the persons; and
3.Would not be living in the unit except to provide the necessary supportive services.
Minimum Rent
$35.00
Minimum rent is $25.00 (note this would be effective immediately with the July 1, 2010
Effective 4/1/2011, with the July 1, 2011 annuals and 6 month interim reviews the
annuals).
minimum rent would be $50.00.
Minimum rent refers to Total Tenant Payment and includes
the combined amount a family pays towards rent and/or utilities when it is applied.
Minor Family Member
Children who reside in the unit at least 50% of the time will be considered household family
members. Children can be counted for a deduction in one household only.
Monthly Income
One twelfth (1/12) of the annual income.
Monthly Income after Allowances
One twelfth (1/12) of the Annual Income after Allowances.
Near-elderly Family
A family whose head, spouse, or sole member is a person who is at least 50 years of age but
below the age of 62; or two or more persons, who are at least 50 years of age but below the age
of 62, living together; or one or more persons who are at least 50 years of age but below the age
of 62 living with one or more live-in aides.
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Non-Recurring Income
The following items shall not be considered as income:
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Casual, sporadic, or irregular gifts;
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Amounts which are specifically for or in reimbursement of the cost of medical expenses;
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Lump-sum additions to family assets, such as inheritances, insurance payments, (including
payments under health and accident insurance and workmen's compensation), capital gains
and settlement for personal or property losses;
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Amounts of educational scholarships paid directly to the student or to the educational
institution, and amounts paid by the government to a veteran for use in meeting the costs of
tuition, fees, books, and equipment. Any amount of such scholarships or payments to
veterans not used for the above purposes or which are available for subsistence, are to be
included as income;
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The special pay to a family member serving in the armed forces who is exposed to hostile
fire;
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Relocation payments made pursuant to Title II of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970;
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Foster child care payments;
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The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of
1964 which is in excess of the amount actually charged to the eligible households;
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Payments received pursuant to participation in the following volunteer programs under the
ACTION Agency:
1.National Volunteer Anti-poverty Programs which include VISTA, Service Learning
Programs and Special Volunteer Programs.
2.National Older American Volunteer Programs for persons age 60 and older which
includes Retired Senior Volunteer Programs, Foster Grandparent Program, Older
American Community Services Program, and the National Volunteer Program to Assist
Small Business Experience, Service Corps of Retired Executives (SCORE) and Active
Corps of Executives (ACE).
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For families participating in the Family Self Sufficiency Program an escrow account will be
established for each family participating in the program. Deposits will begin into the escrow
account when the participant's earned income increases and the participant's portion of the
rent decreases the amount of the housing assistance payment paid to the landlord on their
behalf. Deposits into the escrow account will be based on earned income only. Earned
income is defined as income from: gross wages, gross salaries, other employee
compensation, earnings from self employment, tips, gross pay for overtime, commissions,
bonuses, fees, etc., net income from operation of a business or profession, military pay
(excluded if on active duty in a declared war zone). Earned income does not include:
income of children under 18, pension or annuity payments, transfer payments or cash or in
kind benefits, AFDC, general relief, social security, SSI, DVR, etc.;
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Income from employment of children (including foster children) if under 18 years of age;
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Income of live-in aide who resides with and cares for an elderly, disabled, or handicapped
person(s). It must be determined by the client's health care provider that the live-in-aide is
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essential to the care and well being of the person or persons; the aide is not obligated for the
support of the person(s) and that the aide would not be living in the unit except to provide the
necessary supportive services;
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Amounts received under training programs funded by HUD; amounts received by a Disabled
person that are disregarded for a limited time for purposes of Supplemental Security Income
eligibility and benefits because they are set aside for use under a Plan to Attain Self-
Sufficiency (PASS); or amounts received by a participant in other publicly assisted
programs which are specifically for or in reimbursement of out-of-pocket expenses incurred
(special equipment, clothing, transportation, child care, etc.) and which are made solely to
allow participation in a specific program;
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For all initial determinations and reexaminations of income carried out on or after April 23,
1993, reparation payments paid by a foreign government pursuant to claims filed under the
laws of that government by persons who were persecuted during the Nazi era;
Participant
A family that has been admitted to the Housing Authority program, and is currently assisted in
the program. The family becomes a participant on the effective date of the first Housing
Assistance Payments contract executed by the HA for the family (first day of initial lease term).
Perpetrator
A person who commits an act of domestic violence, dating violence or stalking against a victim.
Remaining Member of Tenant Family
A person remaining in a unit when other member(s) of an assisted family have moved, unless
this individual was an unrelated member of the former family who was necessary to care for the
well-being of an elderly, disabled, or handicapped head of household or spouse and whose
income was not counted for eligibility (i.e. a Live-in Aide).
Stalking
The term “stalking” means;
(A) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or
intimidate another person; and to place under surveillance with the intent to kill,
injure, harass or intimidate another person; and
(B)In the course of, or as a result of, such following, pursuit, surveillance or repeatedly
committed acts, to place a person in reasonable fear of the death of, or serious
bodily injury to, or to cause substantial emotional harm to –
a.That person;
b.A member of the immediate family of that person; or
c.The spouse or intimate partner of that person
Student
Child away at school will be considered permanently absent. This applies to students who reside
in the home only at recess and holidays. If the family wants an away student included in the
household, then income (which includes financial assistance) will be counted. If the student is
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eighteen or over, they will be required to attend all recertification reexams and sign all of the
necessary documents. It is the family’s option how they want to consider an away student.
Student status shall be determined by the resident family providing documentation of school
schedule, written documentation of classes taken, etc.
Tenant Rent
The amount paid directly to the owner by the family. This amount is equal to the Total Tenant
Payment minus any applicable Allowance for Utilities and Other Services.
Total Tenant Payment
The portion of the Gross Rent payable by an eligible family.
Transitional Living Program
A Program intended to move a family from homelessness to independent living through
counseling, education, and other programs designed to prevent future occurrence(s) of the
issue(s) that lead to homelessness.
Very Low Income Family
A family whose gross annual income does not exceed 50% of the median income for Rock
County (adjusted for family size) as determined by the Secretary of the Department of Housing
and Urban Development (HUD).
Very Large Very Low Income Family
A very low income family which includes eight or more minors.
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POLICY 3
ELIGIBILITY FOR PARTICIPATION
3.01OUTREACH
3.01.1
Outreach will be implemented after execution of the Annual Contributions Contract and
according to the Equal Opportunity Housing Plan (EHOP) filed with the original Section 8
application. The Neighborhood Services Director will advertise and contact groups and agencies
as specified in the EHOP.
3.01.2
Advertisements inviting landlord and tenant participation will be made as specified in
the EHOP. Brochures will be prepared and distributed to interested agencies and individuals
(Appendix A). Continued outreach toward tenants and landlords will concentrate on attracting
households and landlords who have not participated in the program before. This will be done on
an "as needed" basis. Such outreach will conform with Part 882.103 8 of the Section 8 Program
Rules and Regulations.
3.02ELIGIBLE APPLICANTS
In order to be eligible for participation in the Section 8 Rent Assistance program, the applicant
must be a family, must be income-eligible, and must be a citizen of the United States or a
noncitizen who has eligible immigration status as determined in accordance with 24 CFR part 5.
To be income-eligible, the applicant must be a family in any of the following categories:
1. A very low income family.
2.A low income family that is “continuously assisted” under the 1937 Housing Act.
3.Not less than 75 percent of the families admitted to the tenant-based Voucher
program during the calendar year must be “extremely low income” families.
3.03INELIGIBLE APPLICANTS
3.03.1
If, at the time of application, the HA has determined that there are grounds to deny an
applicant assistance pursuant to 24 CFR§ 982.552(b), the applicant may be denied listing on the
waiting list(s).
3.03.2
If an applicant is denied listing on the wait list(s), he/she will be notified in writing of
that decision, and will be given the opportunity to request an informal review of the decision.
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POLICY 4
WAIT LIST MANAGEMENT
4.01APPLICATIONS FOR ASSISTANCE
4.01.1
Applications for assistance will be accepted and the wait list(s) will remain open until
the wait for assistance is more than one year. At that time, the HA may elect to close the waiting
list to additional applications. Announcements of the closing and opening of the waiting list will
be made by press release and/or ads in the local media.
4.01.2
Applications for housing assistance will be accepted on an ongoing basis at the
Neighborhood Services office. Applicants must appear in person to complete the application
form. A TDD phone is available (755-3190). In the case of disability or other special
circumstances, applications may be taken and returned by mail to the Neighborhood Services
Dept. All potential applicants will be notified of the applicant’s right to complete the process
through the mail as a reasonable accommodation, in response to any potential applicant’s inquiry
regarding the application process via phone, email, mail or in person. In addition, the application
materials shall notify applicants of his/her right to request to complete the application process
through the mail as a reasonable accommodation if doing so is necessary to provide equal access
to the application process on account of the applicant’s disability.
4.02WAIT LIST(S)
In order to implement the income targeting requirements of the Quality Housing and Work
Responsibility Act of 1998, the use of a Primary and a Secondary wait list will be utilized.
4.02.1
At the time of application, all applicants will be placed on the Primary wait list.
4.02.2
After an applicant has been selected from the Primary wait list, if it is determined that
the gross annual income of the applicant family is greater than 30% of the Rock County median
income (adjusted for family size), the applicant will be placed on the Secondary wait list.
4.02.3
If, while on the Secondary wait list, the gross annual income of an applicant family
decreases so that it falls below 30% of the Rock County median income (adjusted for family
size) the applicant will be moved from the Secondary wait list to the Primary wait list. It shall
be the responsibility of the applicant to notify the HA of changes in family income.
4.03POSITION ON WAIT LIST(S)
4.03.1
An applicant’s position on the Primary wait list for admission to the Section 8 Rent
Assistance program will be determined based upon a system of local preferences, a local
residency preference and the date and time of application.
4.03.2
An applicant’s position on the Secondary wait list for admission to the Section 8 Rent
Assistance program will be based upon a system of local preferences, a local residency
preference, and the date and time of application.
15
4.04WAIT LIST(S) MAINTENANCE
4.04.1
If an applicant is selected from the wait list(s) and it is determined that the applicant
does not qualify for the local or residency preference selected, the applicant shall be placed back
on the wait list at their original date and time of application without the preference.
4.04.2
Periodically letters may be mailed to all applicants on the wait list(s) to update the
information on their applications and determine their interest in continuing to be listed on the
wait list(s). Applicants whose letters are returned by the Postmaster, or who fail to respond
within the prescribed time frame, within 30 days from the date of the letter, will have their names
removed from the wait list(s). Applicants whose names are removed from the wait list(s) in this
manner must reapply for assistance.
16
POLICY 5
SELECTION OF APPLICANTS FROM WAIT LIST(S)
5.01PRIMARY WAIT LIST
5.01.1
Applicants will be selected for admission to the Section 8 Rent Assistance program from
the Primary wait list based upon a system of local preferences, a local residency preference and
the date and time of application.
5.01.2
Applicants who qualify for one or more of the following local preferences will receive
assistance before applicants who do not qualify for one or more of the following preferences:
?
Displaced by Governmental Action – To qualify for this preference, a family must have been
ordered to vacate their living unit by a governmental body for reasons beyond their control,
and such order must be expected to last a minimum of 30 days.
?
Displaced by Rental Rehabilitation – To qualify for this preference, the unit in which the
family resides must have been approved for a Rental Rehabilitation Program loan from the
City of Janesville and the family must be considered “displaced” according to the Uniform
Relocation Act.
?
Homeless TLP Participant – To qualify for this preference, a family must be homeless and
have signed an agreement to participate in a transitional living program (TLP) with an
Agency or Organization that has a transitional living program approved by the HA.
5.01.3at the time their name comes to
Applicants who live or work in the city of Janesville
the top of the waiting list
will receive assistance before those applicants who do not live or
work in the city of Janesville.
5.01.4
Selection from among applicants with equal local and residency preferences will be
based upon date and time of application.
5.01.5
The following summarizes the order in which applicants will be selected from the
primary wait list:
?
Applicants who qualify for the Displaced by Governmental Action local preference and who
live or work in the city of Janesville
?
Applicants who qualify for the Displaced by Governmental Action local preference and who
do not live or work in the city of Janesville
?
Applicants who qualify for the Displaced by Rental Rehabilitation local preference and who
live or work in the City of Janesville
?
Applicant who qualify for the Displaced by Rental Rehabilitation local preference and who
do not live or work in the City of Janesville
?
Applicants who qualify for the Homeless TLP Participant local preference and who live or
work in the city of Janesville
?
Applicants who qualify for the Homeless TLP Participant local preference and who do not
live or work in the city of Janesville
?
Applicants who live or work in the city of Janesville
?
Applicants who do not live or work in the city of Janesville
17
5.02 SECONDARY WAIT LIST
5.02.1
Applicants will be selected for admission to the Section 8 Rent Assistance program
from the Secondary wait list based upon a system of local preferences, a local residency
preference, and the date and time of application.
5.02.2
Applicants who qualify for one or more of the following local preferences will receive
assistance before applicants who do not qualify for one or more of the following preferences:
?
Displaced by Governmental Action – To qualify for this preference, a family must have been
ordered to vacate their living unit by a governmental body for reasons beyond their control,
and such order must be expected to last a minimum of 30 days.
?
Displaced by Rental Rehabilitation – To qualify for this preference, the unit in which the
family resides must have been approved for a Rental Rehabilitation Program loan from the
City of Janesville and the family must be considered “displaced” according to the Uniform
Relocation Act.
?
Homeless TLP Participant – To qualify for this preference, a family must be homeless and
have signed an agreement to participate in a transitional living program (TLP) with an
Agency or Organization that has a transitional living program approved by the HA.
5.02.3at the time their name comes to
Applicants who live or work in the city of Janesville
the top of the waiting list
will receive assistance before those applicants who do not live or
work in the city of Janesville.
5.02.4
Selection from among applicants with equal local and residency preferences will be
based upon date and time of application.
5.02.5
The following summarizes the order in which applicants will be selected from the
secondary wait list:
?
Applicants who qualify for the Displaced by Governmental Action local preference and who
live or work in the city of Janesville
?
Applicants who qualify for the Displaced by Governmental Action local preference and who
do not live or work in the city of Janesville
?
Applicants who qualify for the Displaced by Rental Rehabilitation local preference and who
live or work in the City of Janesville
?
Applicants who qualify for the Displaced by Rental Rehabilitation local preference and who
do not live or work in the City of Janesville
?
Applicants who qualify for the Homeless TLP Participant local preference and who live or
work in the city of Janesville
?
Applicants who qualify for the Homeless TLP Participant local preference and who do not
live or work in the city of Janesville
?
Applicants who do not qualify for one of the local preferences who live or work in the city of
Janesville
?
Applicants who do not qualify for one of the local preferences who do not live or work in the
city of Janesville
18
POLICY 6
ADMISSION TO PROGRAM
6.01ELIGIBILITY
6.01.1
This Authority will not deny to any family the opportunity to apply for admission, nor
deny an eligible applicant the opportunity to receive assistance on the basis of sex, race, color,
sexual orientation, disability, religion, national origin, marital status, family status, lawful source
of income, age or ancestry.
6.01.2
In order to be eligible for admission to the program, a family's income at time of
admission must not exceed 50% of the Rock County median income, as adjusted for family size.
The schedule of median incomes, adjusted for family size, issued by the U.S. Department of
Housing and Urban Development will be used to make such eligibility determinations.
6.01.3
To comply with the Income Targeting requirements of the Quality Housing and Work
Responsibility Act of 1998, at least 75% of all new admissions must have gross annual incomes
below 30% of the Rock County Median income, as adjusted for family size. To implement this
requirement, the following process shall be used:
A.All applicants will be selected from the Primary wait list in accordance with the applicable
preferences.
B.If it is determined that a family is eligible to participate in the Section 8 Tenant-Based Rent
Assistance program, but their gross annual income of the family exceeds 30% of the Rock
County median income, as adjusted for family size, the family will be placed on the
Secondary wait list.
C.For every three (3) families admitted to the program (where a HAP contract is executed on
their behalf) with gross annual incomes below 30% of the Rock County median income, as
adjusted for family size, one (1) family will be selected from the Secondary wait list. For
example, if twelve (12) families with incomes below 30% of the Rock County median
income, as adjusted for family size, are admitted to the program, four (4) families will be
admitted to the program from the Secondary wait list. In this way sixteen (16) total families
are admitted to the program, twelve (12) of which, or 75%, have gross annual incomes below
30% of the Rock County median income, as adjusted for family size.
D.Applicants will be selected from the Secondary wait list in accordance with the applicable
preferences.
19
6.02VERIFICATION PROCESS
6.02.1
Applicants selected from the wait list(s) will be notified via U.S. mail and given
fourteen (14) calendar days to appear in person at the offices of the housing authority to sign the
necessary consent forms and begin the verification process. Applicants failing to report within
fourteen (14) calendar days will have their names removed from the wait list(s) and must reapply
for assistance (this includes applicants whose notification letter is returned by the post office).
6.02.2
Applicants must sign all consent forms and provide all information requested by the
housing authority in a timely manner.
6.02.3
The housing authority must verify any and all admission preferences claimed by the
applicant. If the housing authority is unable to verify an admission preference, or determines
that an applicant does not qualify for an admission preference, the applicant will be placed back
on the wait list(s) at their original date and time of application without the claimed preference.
6.02.4VERIFICATION HEIRARCHY
The housing authority will require third-party verifications for all sources of income, assets, and
expenses. A first request will be mailed to the verification source and they will be given fourteen
(14) calendar days to respond. If no response is received within fourteen (14) calendar days, a
second request will be mailed. If no response is received to the second request, staff may use
other means to verify the information such as telephone verification, check stubs, or other means
as determined by the housing authority, including mandatory use of the HUD Enterprise Income
Verification System (EIV).
6.02.5
For each family member who contends that he or she is a U.S. citizen or noncitizen
with eligible immigration status, the family must submit to the PHA a written declaration, signed
under penalty of perjury, by which the family member declares that he or she is a U.S. citizen or
noncitizen with eligible immigration status. The family must also identify in writing to the PHA
the family member or members who will elect not to contend that he/she has, or they have,
eligible immigration status.
Eligible noncitizens must provide documentation that supports their citizenship status
declaration. The documentation that eligible noncitizens must provide:
?
A signed declaration of eligible immigration status.
?
Documentation designated by USCIS as acceptable evidence of immigration status.
This will be verified by the PHA through the USCIS Systematic Alien Verification
for Entitlements (SAVE).
?
If the SAVE system does not verify eligible immigration status, the PHA will
request secondary verification within 10 days of receiving the results of the
primary verification. This is accomplished by forwarding photocopies of the
original USCIS documents required for the declared immigration status,
attached to the USCIS document verification request form G-845.
20
6.03INELIGIBLE APPLICANTS
6.03.1
Person’s evicted from Public, Indian, Section 23, or Section 8 Programs
Persons evicted from Public Housing, Indian Housing, Section 23, or any Section 8 program
because of drug-related criminal activity are ineligible for admission to Section 8 programs for a
three-year period beginning on the date of such eviction.
The HA may waive this requirement if:
?
The person demonstrates successful completion of a rehabilitation program approved by the
Neighborhood Services Director, or
?
The circumstances leading to the eviction no longer exist. For example, the individual
involved in drugs is no longer in the household because the person is incarcerated.
The decision to waive this requirement shall be made by the Neighborhood Services Director and
shall be final.
6.03.2 CRIMINAL HISTORY REVIEW
At the time their name comes to the top of the waiting list, all family members over the age of
eighteen (18) will be required to sign authorization form(s) permitting the HA to access criminal
history records from Federal, State, County, and Local authorities. Failure to sign the required
consent form(s) will result in an immediate determination of ineligibility and no further
processing of the application for assistance will occur.
A.If, based upon the review of criminal records, the HA has reasonable cause to believe that
any member of the family is illegally using a controlled substance, the family may be denied
admission to the Section 8 program. Such determinations may be made based upon the
following standard(s):
?
If any member of the family has been arrested for drug-related criminal activity within
the twelve (12) month period immediately proceeding the date the family was notified
that their name was at the top of the waiting list, or any time between that date and their
admission to the Section 8 program.
B.If, based upon the review of criminal records, the HA has reasonable cause to believe that
any member of the family abuses alcohol in a way that may interfere with the health, safety,
or right to peaceful enjoyment of the premises by other residents, the family may be denied
admission to the Section 8 program. Such determinations may be based upon the following
standards(s):
?
If any member of the family has been arrested, within the twelve (12) month period
proceeding the date their name came to the top of the waiting list, for illegal activity on or
21
near the premises in which they reside which had as a contributing factor the use or abuse
of alcohol. Periods of incarceration shall be omitted from the 12 month period, and the
12 month period shall be extended by the length of time spent incarcerated. Such illegal
activity must reasonably interfere with the health, safety, or right to peaceful enjoyment
of the premises by other residents.
C.If, based upon the review of criminal records, the HA has reasonable cause to believe that
any member of the family exhibits a pattern of illegal use of a controlled substance or a
pattern of abuse of alcohol that may interfere with the health, safety, or right to peaceful
enjoyment of the premises by other residents, the family may be denied admission to the
Section 8 program. Such determinations may be based upon the following standard(s):
?
two (2)
If any member of the family has been arrested three (3) or more times in the
thirty-six (36) month period preceding the date their name came to the top of the waiting
list for illegal activity on or near the premise in which they reside which had as
contributing factor the use of a controlled substance or the use or abuse of alcohol.
Periods of incarceration shall be omitted from the 36 month period, and the 36 month
period shall be extended by the length of time spent incarcerated.
?
Such illegal activity must reasonably interfere with the health, safety, or right to peaceful
enjoyment of the premises by other residents.
The preceding policies prohibiting admission to the Section 8 program for persons
illegally using a controlled substance or abusing alcohol may be waived if the person is
able to demonstrate to the satisfaction of the Neighborhood Services Director that they
are no longer engaging in the illegal use of a controlled substance or abuse of alcohol
and:
?
Has successfully completed a supervised drug or alcohol rehabilitation program; or
?
Has otherwise been rehabilitated successfully; or
?
Is participating in a supervised drug or alcohol rehabilitation program.
D. If any member of the family has been arrested for Disorderly Conduct for physical contact
violations within the twelve (12) month period proceeding the date their name came to the
top of the waiting list.
Under VAWA, assistance will not be denied by the HA as a result of criminal
activity, if that criminal activity is directly related to domestic violence, dating
violence or stalking engaged in by a member of the applicant’s household, a guest or
another person under the tenant’s control, and the applicant or immediate family
member is the victim or threatened victim of this criminal activity.
E.If any member of the family is a lifetime registered sex offender.
22
6.03.3
Persons who Owe Rent or Other Amounts to the HA or Another HA in Connection
with Section 8 or Public Housing Assistance under the 1937 Act.
Persons who owe rent or other amounts to the HA or another HA in connection with Section 8 or
public housing assistance under the 1937 Act are ineligible for admission to Section 8 programs
until such amounts are repaid in full.
The HA may waive this requirement if:
?
The person has entered into a repayment agreement and payments are being made in
accordance with the terms of that agreement, or
?
The circumstances of the person have changed so that it is unlikely that the reason for the
monies owed will occur in the future and the person enters into a repayment agreement for
the amounts owed.
The decision to waive this requirement shall be made by the Neighborhood Services Director.
If the applicant wishes to attempt an appeal, the appeal may be made to the Board of
Commissioners or a suit may be filed in State Court.
6.04DETERMINATION OF INELIGIBILITY
Applicants, who are determined by the housing authority to be ineligible on the basis of income,
family composition, or for any other reason, shall be notified promptly, in writing, of the
determination and the reasons therefore. The determination letter shall state that the applicant
has the right to request an informal review within fourteen (14) days. Requests for an Informal
Review shall be submitted in writing to the Neighborhood Services Director. The applicant shall
be notified in writing, of the review determination and his/her right to seek judicial review of the
denial decision from the circuit court within thirty (30) days of the date of the decision.
6.05ORIENTATION BRIEFING
6.05.1
After a family has been determined to be eligible to participate in the program, an
orientation briefing will be scheduled for the family. At the briefing, the family will be provided
the following information:
?
Family and Owner responsibilities under the Housing Choice Voucher program, the lease,
and the Housing Assistance Payments Contract;
?
How to find a suitable unit;
?
Applicable Housing Quality Standards and procedures for inspections of units;
?
Significant aspects of the applicable State and local Laws;
?
Significant aspects of federal, state, and local Fair Housing Laws.
6.05.2
The family shall also receive an Orientation Packet which includes information on the
Rent Assistance Program and which will assist the family in finding a suitable unit.
23
6.05.3
Once the orientation briefing is complete, the family will be issued a Housing Choice
Voucher and a Request for Tenancy Approval.
24
POLICY 7
TERM OF HOUSING CHOICE VOUCHER
7.01
The initial term of the Housing Choice Voucher shall be sixty (60) days from the date
of issuance.
7.02
When a completed request for lease approval has been submitted, the term of an
unexpired Voucher shall be suspended until the unit for which the request was submitted has
been approved or denied. That is, the "clock" on the term of a family's Voucher will be stopped
after the family submits a request for approval of assisted tenancy. The "clock" will resume if
that request is denied, and the family will need to locate another dwelling unit.
7.03
If a Voucher expires or is about to expire, a family may submit the Voucher to the
Neighborhood Services Director or Section 8 Housing Specialist(s) with a request for an
extension. The Neighborhood Services Director or Section 8 Housing Specialist(s) shall review
with the family the efforts it has made to find a suitable dwelling unit and the problems it has
encountered and determine what advice or assistance might be helpful. If the Neighborhood
Services Director or Section 8 Housing Specialist(s) believe that there is a reasonable possibility
that the family may, with the additional advice or assistance, if any, find a suitable unit, an
extension may be granted not to exceed 60 additional days.
7.04
The term of a voucher may be extended beyond a total of 120 days if, in the opinion of
the Neighborhood Services Director, it is necessary as a reasonable accommodation for a family
with a handicapped or disabled family member, or a family that requires a dwelling unit with
four (4) or more bedrooms.
25
POLICY 8
DWELLING UNIT APPROVAL
8.01 REQUEST FOR UNIT APPROVAL
8.01.1
When a family has found a unit it wants and the owner is willing to lease, the family
shall submit a completed request for lease approval form and request that the Section 8 staff
make an inspection of the unit and discuss the terms of the lease with the landlord. Only one (1)
request for lease approval may be submitted at a time. All requests will be processed as quickly
as possible.
8.01.2
When a completed request for lease approval has been submitted, the term of an
unexpired certificate or voucher shall be suspended until the unit for which the request was
submitted has been approved or denied. That is, the "clock" on the term of a family's certificate
or voucher will be stopped after the family submits a request for lease approval. The "clock"
will resume if that request is denied.
8.02 HOUSING QUALITY STANDARDS
8.02.1
Housing quality will be insured through an inspection by staff of all units prior to
signing of the lease agreement. Staff will apply requirements of HUD Handbook 7420.7 Chapter
5 on Housing Quality Standards and any further standards approved by the CDA and HUD.
8.02.2
CDA staff will require that all units meet Housing Quality Standards before leasing a
unit and annually thereafter (see Appendix C). In addition, other recommendations for
upgrading property will be made to landlords.
8.02.3
If during the term of an assisted tenancy, an owner fails to maintain a unit in
compliance with Housing Quality Standards, the HA shall take prompt and vigorous actions to
insure that the unit is brought into compliance with Housing Quality Standards in a timely
manner. If an owner fails to bring the unit into compliance with Housing Quality Standards as
required, the HA shall at its option:
?
Terminate the Housing Assistance Payments (HAP) contract between the landlord and the
PHA; or
?
Abate or reduce housing assistance payments under this, or any other HAP contract in effect
between the landlord and the HA.
8.02.4
When a CDA rental rehabilitation loan is involved, a Section 8 Housing Choice
Voucher will be issued to an eligible family prior to the completion of all of the rehabilitation
work provided one of the following conditions is met:
?
The unit meets Section 8 Housing Quality Standards and the remaining work is not Housing
Quality Standards related; or
26
?
No imminent health or safety hazard exists and the work required to meet Housing Quality
Standards cannot be completed due to weather conditions and the work is contracted for.
8.03 OCCUPANCY STANDARDS
8.03.1 and maximum
The following standards will determine the minimum number of
bedrooms required to accommodate a family of a given size.
Number of Number of Persons
Bedrooms Minimum Maximum
0 1 2
1 1 2
2 2 4
3 4 6
4 6 8
5 8 10
8.03.2within the range of bedroom sizes listed in
Housing Choice Vouchers shall be issued
8.03.1.
for the minimum number of bedrooms that a family needs. In determining the minimum
number of bedrooms, the following principles shall be followed:
?
The dwelling unit shall contain at least one bedroom of appropriate size for each two persons.
?
In determining the minimum number of bedrooms that a family needs, persons of opposite
sex, other than husband and wife or very young children (aged five and under) shall not be
required to occupy the same bedroom. If the head of the household chooses to have children
of the opposite sex over age 5 occupy the same bedroom, they may do so provided the square
footage of the bedroom is sufficient for the number of occupants, per International Property
Maintenance Code occupancy standards. In addition, the head of the household must sign a
statement indicating they understand they qualify for a larger unit, but choose to live in one
with fewer bedrooms. The signing of this statement will not prevent the family from moving
to a larger unit when the initial term of their lease is complete. The rent for the smaller unit
must not exceed the Fair Market Rent for that unit size, regardless of the unit size the family
qualifies for. In addition, BOCA occupancy standards will be followed.
?
Vouchers shall be issued so as to not require the use of the living room for sleeping purposes.
?
Every family member, regardless of age, is to be counted as a person.
?
If at the time a family is admitted to the program, or at the end of a lease term a family
member is pregnant, the unborn child(ren) will be counted as a family member in
determining the number of bedrooms which a family qualifies to receive.
?
The HA will not issue a larger voucher due to additions of family members other than
by birth, adoption, marriage, or court-awarded custody.
8.03.3
A participating family may choose to rent whatever size unit they desire as long as it is
In addition, a participating family selected a
not too small according to the above criteria.
larger unit than allowed under their approved voucher size will be responsible for paying
the difference in the rent amount.
27
8.03.4
If the Section 8 staff determines that a dwelling unit is not decent, safe, and sanitary by
reason of increase in family size, the family and the Section 8 staff shall try to find an acceptable
unit as soon as possible. If an acceptable unit is found that is available for occupancy by the
family, and the lease with the first owner can be terminated in accordance with its terms, the
contract with the first owner shall be terminated and Housing Assistance Payments shall be made
available to the family for occupancy in the acceptable unit.
8.04 RENT REASONABLENESS
8.04.1
A certification of rent reasonableness will be completed for each unit approved in
accordance with the HUD policy regarding rent reasonableness.
8.05SECURITY DEPOSIT
The proposed security deposit may not be in excess of private market practice, or in excess of
amounts charged by the owner to unassisted tenants.
28
POLICY 9
RELEASE OF TENANT INFORMATION
9.01
The following tenant information will be released by the HA to a prospective landlord
at the landlord's request:
A.The family's current address, as shown in the HA records.
B.The name and address (if known to the HA) of the landlord at the family's current and prior
address.
29
POLICY 10
APPROVAL OF OWNERS
10.01
If the HA is aware of any of the following situations, the HA may deny the approval of
an owner.
a
) The PHA must not approve an assisted tenancy if the PHA has been informed (by HUD or
otherwise) that the owner is debarred, suspended, or subject to a limited denial of participation
under 2 CFR part 2424.
(b) When directed by HUD, the PHA must not approve an assisted tenancy if:
(1) The federal government has instituted an administrative or judicial action against the owner
for violation of the Fair Housing Act or other federal equal opportunity requirements, and such
action is pending; or
(2) A court or administrative agency has determined that the owner violated the Fair Housing
Act or other federal equal opportunity requirements.
(c) In its administrative discretion, the PHA may deny approval of an assisted tenancy for any of
the following reasons:
(1) The owner has violated obligations under a HAP contract under Section 8 of the 1937 Act
(42 U.S.C. 1437f);
(2) The owner has committed fraud, bribery or any other corrupt or criminal act in connection
with any federal housing program;
(3) The owner has engaged in any drug-related criminal activity or any violent criminal activity;
(4) The owner has a history or practice of non-compliance 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 program;
(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 engaged in 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, of employees of the PHA, or of owner
employees or other persons engaged in management of the housing;
(iii) 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; or
(iv) Is drug-related criminal activity or violent criminal activity; or
30
(6) The owner has a history or practice of renting units that fail to meet State or local housing
codes; or
(7) The owner has not paid State or local real estate taxes, fines or assessments.
(d) The PHA must not approve a unit if the owner is the parent, child, grandparent, grandchild,
sister, or brother of any member of the family unless the PHA determines that approving the unit
would provide reasonable accommodation for a family member who is a person with disabilities.
This restriction against PHA approval of a unit only applies at the time a family initially receives
tenant-based assistance for occupancy of a particular unit, but does not apply to PHA approval of
a new tenancy with continued tenant-based assistance in the same unit.
10.02
The decision to reject an owner rests in the discretion of the HA. Such decisions may
be appealed to the Neighborhood Services Director within fourteen (14) days of such
determination. The decision of the Neighborhood Services Director shall be final.
31
POLICY 11
LEASE REQUIREMENTS
11.01
A current lease between the landlord and the tenant must be in place for all units
assisted with Section 8 funds. The lease must, at a minimum, specify the term of the lease, the
amount of rent to be paid to the landlord, and who is responsible for the payment of utilities.
The first year of the lease term shall be for not less than one year, unless authorized by the HA.
11.02
In case of any conflict between a HUD Lease Addendum and any other provisions of
the Lease between the owner and the family, the HUD Lease Addendum provisions shall prevail.
All other provisions of the Lease shall be binding on the tenant, to the extent they are consistent
with state and local law.
11.03
Applicants for continued participation who are deemed ineligible by reasons of income
shall be permitted to remain in the unit as an unassisted tenant for up to six (6) months. During
this period, the tenant must follow all rules and regulations of the Section 8 Program regarding
notifications of income or family size changes. The termination of eligibility at such point shall
not affect the family's other rights under its lease, nor shall such termination preclude resumption
of payments as a result of subsequent changes in income or rents or other relevant circumstances
for up to six (6) months after the Housing Assistance Payment drops to $0.
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POLICY 12
RE-EXAMINATIONS OF INCOME, EXPENSES, ASSETS, AND FAMILY
COMPOSITION
12.01
All changes in income, expenses, assets, and family composition must be reported to
the HA within ten (10) days of the change. If the income of a participant family increases, or
expenses decrease, an adjustment in the Total Tenant Payment will be made at the next
scheduled re-examination. Failure to report changes in income or expenses in a timely manner
will be considered misrepresentation and may result in the termination of assistance and/or
repayment to the HA for the difference between what the Housing Assistance Payment would
have been with the additional income versus that which was actually paid.
12.02 INTERIM RE-EXAMINATIONS
Once the Total Tenant Payment (TTP) is established, such TTP shall remain in effect until the
next scheduled re-examination or until circumstances occur that warrant an interim re-
examination. Any time any of the following circumstances occur, TTP will be reviewed and
adjusted.
A.A request for a review by the family, if the change in monthly adjusted income is more than
$40.00 per month.
B.A change in family composition.
C.Six (6) months after the Annual Re-examination if there has been any reported change in the
income, expenses, or assets of the family.
12.03 ANNUAL RE-EXAMINATION OF INCOME, EXPENSES, ASSETS AND
FAMILY
12.03.1
Re-examination of family income, composition, and expenses incurred by the family
shall be made annually by the Section 8 staff. Appropriate re-determinations shall be made by
the staff of the amount of Total Tenant Payment and the amount of the Housing Assistance
Payment, all in accordance with criteria established by HUD.
12.03.2
A family's eligibility for Housing Assistance Payments continues until the amount
payable by the family towards the Gross Rent equals the Gross Rent for the dwelling unit it
occupies at which time there will be no Housing Assistance Payment made to a landlord on their
behalf. The family, though, will be kept on the program for six (6) months.
12.03.3
At the time of the family's annual re-examination, an inspection of the rental unit will
also be conducted. Required repairs will be noted on the inspection sheet and a time frame for
completion will be discussed with the landlord and sent in writing with a copy to the client.
Inspections will also be conducted if the tenant informs the Section 8 staff of deficiencies which
are serious and which the landlord has not remedied.
33
12.03.4
Rents will be reviewed at the time the scheduled re-examination of income is made.
Rents may only be adjusted on the anniversary date of the lease and need to be requested by the
owner. The owner must notify the HA of any changes in the amount of the rent to owner at least
sixty (60) days before any such changes go into effect. The proposed gross rent, including any
proposed increase, must be reasonable when compared to comparable unassisted units.
12.04 EFFECTIVE DATES
12.04.1
Increases in Total Tenant Payment resulting from an interim or annual re-examination
are to be effective the first of the month following twenty-eight (28) day notice.
12.04.2
Decreases in Total Tenant Payment from a rent review are to be effective the first of the
month following report and verification of the change.
12.05 MISREPRESENTATION
If a participant misrepresents their income, expenses,
assets, or family composition at admission, or during an interim or annual re-examination, they
will be required to repay any difference between the HAP that was actually made on their behalf,
and the HAP that would have been made if the information had been reported accurately.
34
POLICY 13
MINIMUM RENT
13.01$35.00 Effective 4/1/2011,
Minimum Rent – Minimum rent is $25.00 per month.
minimum rent is $50.00.
Minimum rent refers to Total Tenant Payment and includes the
combined amount a family pays towards rent and/or utilities when it is applied.
13.02
Hardship Requests for an Exception to the Minimum Rent. The Housing Authority
recognizes that in some circumstances even the minimum rent may create a financial hardship
for families. The Housing Authority will review all relevant circumstances brought to the
Housing Authority’s attention regarding financial hardship as it applies to the minimum rent.
HUD has defined circumstances under which a hardship could be claimed in 24 CFR 5.630.
13.03
Criteria for Hardship Exception. In order for a family to qualify for a hardship exception,
the family’s circumstances must fall under one of the following HUD hardship criteria:
The family has lost eligibility or is awaiting an eligibility determination for Federal, State
or local assistance, including a family with a member who is a citizen lawfully admitted
for permanent residence under the Immigration and Nationality Act, and who would be
entitled to public benefits but for Title IV of the Personal Responsibility and Work
Opportunity Act of 1996;
The family would be evicted as a result of the imposition of the minimum rent
requirement;
The income of the family has decreased because of changed circumstances, including
loss of employment beyond the family’s control, death in the family, or other
circumstances as determined by the Housing Authority or HUD.
13.04
Housing Authority Notification to Families of Right to Hardship Exception. The Housing
Authority will notify all families subject to minimum rents of their right to request a minimum
rent hardship exception. “Subject to minimum rent” means the minimum rent was the greatest
figure when comparing 30% of monthly adjusted income, 10% of monthly income, or minimum
rent. If the minimum rent is the greatest figure in the calculation of the Total Tenant Portion,
Housing Authority staff will provide the family with a copy of the notice regarding hardship
requests.
13.05
The Housing Authority notification will advise families that the hardship exception
determinations are subject to Neighborhood Services Director review and hearing procedures.
The Director will review all family requests for exception from the minimum rent due to
financial hardships. A decision on whether or not to grant the exception will be made within 14
days.
35
13.06
All requests for minimum rent hardship exceptions are required to be in writing. The
request must include a statement of the family hardship that qualifies the family for the
exception.
13.07
Written documentation that adequately verifies the qualifying circumstances will be
required to be provided by the participating family that is requesting the exception.
13.08
Exceptions that are granted for the minimum rent will be granted for a three month period.
If the participating family wishes to extend this period of exception past the three month period,
it will be treated as a new request and the guidelines for an initial claim shall be followed.
13.09
Exceptions for minimum rent that are granted for one three month period must be repaid
to the Housing Authority by the family. A repayment agreement shall be signed and followed as
specified in Policy 17.
13.10
Exceptions for minimum rent that are granted by the Housing Authority that exceed a
three month period may not be required to repay the amount(s) waived on their behalf.
36
POLICY 14
MOVING WITH CONTINUED ASSISTANCE
14.01
During Lease Term
14.01.1
A participating family may be issued a Housing Choice Voucher for the purpose of
finding another dwelling unit if the family has sufficient cause or valid reason(s) to move during
the lease term as determined by the Neighborhood Services Director or their case manager.
Examples of sufficient cause and/or valid reason(s) to move may include, but are not limited to,
the following:
A.The unit does not meet Housing Quality Standards and the landlord has failed to make the
necessary repairs in a reasonable amount of time.
B.The tenant or a member of the tenant's family has a health or medical problem and has
obtained a doctor's statement to that effect.
(Exception is if CDA does not have the sufficient ACC funding authority for continued
assistance to the family.)
14.01.2
Participating families may also request to move during the term of a lease if the
landlord and the tenant agree to mutually terminate the lease. Such mutual termination
agreements must be submitted in writing, and must be signed by both the landlord and the tenant.
14.01.3
Requests to move during the lease term must be submitted in writing at least one (1)
week prior to the date the family intends to give written notice to the landlord. Such requests
may not be approved if the participant family currently owes money to the HA and a repayment
agreement is not in place, or if the participant family is delinquent in a current repayment
agreement. The HA will make a determination to approve or disapprove the request within one
(1) week.
14.01.4 Requests to move during the lease term, which would result in a higher contract
rent will be denied if the HA is experiencing a funding shortfall.
14.02END OF LEASE TERM
14.02.1
A participating family may be issued a Housing Choice Voucher for the purpose of
finding another dwelling unit if their lease term is ending.
14.02.2
Requests to move must be submitted in writing to the HA at least one (1) week prior to
the date the tenant gives written notice to the landlord of their intent to move. The HA will
review the request and either approve or disapprove it within one (1) week.
14.02.3
Following this initial move, if the family does end up liable for unpaid rent, damages,
or vacancy loss for its former unit, repayment of the liability is required before any further
requests to move will be approved. (For example, a tenant who moves from Landlord A to
37
Landlord B and ends up owing money to Landlord A or to the CDA for payments to Landlord A,
will not be allowed to move to Landlord C without repayment of the liability.)
(Exception is if the Community Development Authority (CDA) does not have sufficient ACC
authority for continuing assistance to the family.)
14.03
If a participant owes money to the HA and has not signed a repayment agreement, or is
delinquent in their payments under the terms of an existing repayment agreement, the HA must
process a request to move, but may refuse to accept a new Request for Tenancy Approval.
14.04
A participant may only move once in any twelve (12) month period. Exceptions to this
may be made in cases of domestic violence, or if an owner does not maintain the dwelling unit in
compliance with Housing Quality Standards. Requests to waive this policy shall be made to the
Neighborhood Services Director and his/her decision shall be final.
14.04.5 Requests to move at the end of the lease term, which would result in a higher
contract rent will be denied if the HA is experiencing a funding shortfall.
14.05 PORTABILITY
14.05
.1 After participating as a client in the Section 8 program for at least 12 months, a family
may move anywhere within the United States.
14.05.2
When notified by a participating family, the Section 8 housing staff will assist in their
move under the portability option. Contact will be made with the receiving PHA to ascertain if
they will provide assistance to the family utilizing funding under its own program.
14.05.3
If the receiving PHA cannot or will not provide the family with one of its own
vouchers, the initial Section 8 program will retain funding of the Housing Choice Voucher and
will reimburse the receiving Section 8 program on behalf of the family. The receiving Section 8
program will be reimbursed 80% (or up to the maximum allowable) of its administrative fee and
can also receive the initial hard-to-house fee if allowable.
14.05.4 Requests to move to another HA that has a higher payment standard will be
denied if the HA is experiencing a funding shortfall.
14.05.5
The program will absorb an incoming Section 8 tenant with a voucher with the
approval of the Neighborhood Services Director. If the program does not have sufficient ACCto
or is experiencing a
provide the incoming Section 8 tenant with a Housing Choice Voucher
funding shortfall,
the program will administer assistance for the family on behalf of the initial
PHA.
38
14.05.6
The receiving Section 8 Program is responsible for recertifying the family's income
initially and at least annually for purposes of determining the housing assistance payments. The
receiving Section 8 Program must perform all of the functions normally associated with
providing assistance to a family in a program and shall notify the initial Section 8 Program
promptly if the family ceases to be a current participant in the program.
14.05.7
All Family Self Sufficiency (FSS) Program participants will be eligible to participate in
the portability option available under the Section 8 Existing Housing Choice Voucher Rent
Assistance Program rules. All participants must reside within the jurisdiction of the Janesville
Community Development Authority for at least 12 months after signing the Contract of
Participation (COP) for the FSS Program. After the 12 month residency period, a participant
family can choose to continue to participate in another jurisdiction if:
A.The receiving PHA agrees to give a preference to the FSS family to participate in the
receiving PHA's FSS program.
B.The family must demonstrate to the Janesville Community Development Authority that they
will be able to fulfill its responsibilities under the original (or modified) contract at the new
place of residence within the allotted time.
39
POLICY 15
ABSENCE FROM UNIT
15.01
The family may be absent from the unit for brief periods of time. However, the family
may not be absent from the unit for a period of more than 180 consecutive calendar days in any
circumstance, or for any reason. Absent is defined to mean that no member of the family is
residing in the unit. Absence is different than moving from the unit. If a family moves from the
unit, housing assistance payments for that unit will terminate immediately.
15.02
Any absence from the unit exceeding thirty (30) calendar days must be reported to and
approved by the HA. Failure to notify and receive approval from the HA for such absences may
result in termination of assistance. Requests for approval must be submitted to the HA in writing
and will be evaluated on a case by case basis taking into account all relevant circumstances.
Requests based upon factors beyond the control of the family (hospitalization, imprisonment,
employment, etc.) are more likely to be favorably reviewed than those of a voluntary nature.
15.03
Decisions concerning requests for an absence from the unit may be appealed to the
Neighborhood Services Director within fourteen (14) days. The decision of the Neighborhood
Services Director shall be final. If the decision results in termination of assistance, the family
shall be given the opportunity for an informal hearing prior to the termination of the assistance.
15.04
Once assistance has been terminated due to an unapproved absence or an absence
exceeding six (6) months, the family must reapply for assistance and wait for their name to come
to the top of the waiting list.
40
POLICY 16
FAMILY BREAK-UP/DECEASED HEAD OF HOUSEHOLD
16.01FAMILY BREAK UP
16.01.1
If an assisted family breaks-up, the HA will determine who the assistance should
continue with. The HA may consider factors such as:
A.Whether the assistance should remain with family members remaining in the original assisted
unit.
B.The interest of minor children or of ill, elderly or disabled family members.
C.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.
16.01.2
Determinations will be made on a case by case basis, based upon the circumstances of
individual cases. Determinations will be made by the case manager and may be appealed in
writing within fourteen (14) days to the Neighborhood Services Director. The Decision of the
Neighborhood Services Director shall be final.
16.01.3
When a court determines the disposition of property between members of the assisted
family in a divorce or separation under a settlement or judicial decree, the HA is bound by the
court's determination of which family members continue to receive assistance in the program.
16.02 DECEASED HEAD OF HOUSEHOLD
16.02.1 When the head of an assisted household dies during tenancy and there are other
adults in the household, the following policies will apply:
A.If there is a co-head of household, the co-head would automatically become the
head of household.
B.If there is no co-head of household, the remaining family members shall decide
who will be selected as the head of household.
16.02.2When the head of an assisted household dies during tenancy and all of the
remaining household members are minors, the HA may:
A. Allow an adult guardian to reside in the unit until a court-appointed guardian is
established.
B.In accordance with normal eligibility and screening policies, the HA may add the
new guardian as the new head of household.
41
POLICY 17
FAILURE TO REPORT CHANGES IN INCOME, EXPENSES, ASSETS, FAMILY
COMPOSITION OR OTHER MISREPRESENTATIONS
17.01
All changes in income, expenses, assets, and family composition must be reported to
the HA within ten (10) days of the change. Failure to report changes in income or expenses in a
timely manner will be considered misrepresentation and may result in the termination of
assistance and/or a repayment to the HA for the difference between what the Housing Assistance
Payment would have been with the additional income versus that which was actually paid.
17.02
The tenant will be notified in writing of any finding of misrepresentation revealed
through the annual re-examination, interim re-examination, or other occurrences and any other
corrective action required by the HA.
17.03
The following steps shall be taken if misrepresentation is suspected:
A.Complete an initial assessment in order to verify whether or not misrepresentation has
occurred. Verified evidence of misrepresentation of income, assets, and/or deductions must
exist to proceed.
B.If evidence of misrepresentation exists, repayment, in full amount of the overpayment, must
be made to the HA whether the action was intentional or unintentional. The tenant shall not
be required to repay overpayments caused by an error of the HA.
C.If evidence indicates the misrepresentation was unintentional, or if intent is unclear, the
tenant must begin making regular monthly payments to the HA beginning the first of the
month following notification to the tenant of the overpayment. The monthly repayment
amount due the program from a tenant for amounts due under $1,000 shall be determined by
taking the full amount owed and dividing that amount equally over the following 12 months.
The minimum repayment amount per month will be $5.00. The monthly repayment amount
due the program for amounts over $1,000 will be determined by the Program staff to be
reasonable and approved by the Neighborhood Services Director. Payments are due by close
of business the fifth day of each month.
D.If evidence indicates the misrepresentation was intentional and the amount overpaid on
behalf of the tenant exceeds $1,000, the case shall be referred to the Rock County District
Attorney's Office with a copy of information and materials to the appropriate Regional
Inspector General for Investigation for its information.
E.If evidence indicates the misrepresentation was intentional, the Neighborhood Services
Director or his/her designee may terminate assistance for a period of time commensurate
with the seriousness of the offense (example: for the number of months the misrepresentation
occurred). In addition, repayment must be made in full to the HA and shall be accomplished
through a repayment schedule established by the Executive Director or his/her designee.
42
F.If payments are not made by the tenant as required by the HA, the tenant shall be terminated
from the program after 30 days notice to the landlord involved. Notice to the landlord shall
be given on the first day of the month.
G.If a tenant chooses not to make repayment to the HA as required above, the tenant/family
will forfeit its Housing Voucher and will not be allowed to again participate in the program
until the debt is repaid in full.
H.Tenants will be notified of their right to request an informal hearing if their assistance is
terminated under any of these provisions.
43
POLICY 18
TERMINATION OF ASSISTANCE TO ILLEGAL DRUG USERS, ALCOHOL
ABUSERS, AND INDIVIDUALS WHO HAVE ENGAGED IN
VIOLENT CRIMINAL BEHAVIOR
18.01 ILLEGAL DRUG USERS
18.01.1
The HA may terminate assistance for a participant family if any family member has
engaged in illegal drug activity, including illegally using a controlled substance. The decision to
terminate assistance shall be made by the Neighborhood Services Director based upon a
preponderance of the evidence.
18.01.2
The following standards may be used in making this determination:
A.If any member of the family has been arrested for illegal drug activity. The activity for
which the participant was arrested must have occurred within one (1) year from the date the
participant is notified of the decision to terminate assistance.
B.If any member of the family has been convicted of illegal drug activity. The activity for
which the participant was convicted must have occurred within one (1) year from the date the
participant is notified of the decision to terminate assistance.
18.01.3
Participants shall be notified in writing of the decision to terminate assistance, and shall
be given an opportunity to request an informal hearing.
18.01.4
Assistance may not be terminated if the family member can demonstrate that he or she:
Has an addiction to a controlled substance, has a record of such an impairment, or is
regarded as having such an impairment; and
Is recovering, or has recovered from such addiction and does not currently use or possess
controlled substances. The HA may require a family member who has engaged in the illegal
use of drugs to submit evidence of participation in, or successful completion of, a treatment
program as a condition of being allowed to reside in the unit.
18.02 ALCOHOL ABUSERS
The HA may terminate assistance for a participant family if any member of the family abuses
alcohol in such a way that it interferes with the health, safety, or right to peaceful enjoyment of
the premises by other residents.
44
18.03DISORDERLY CONDUCT, PHYSICAL CONTACT VIOLATIONS, AND/OR
VIOLENT CRIMINAL BEHAVIOR
18.03.1
The HA may terminate assistance for a participant family if any member of the family is
arrested for Disorderly Conduct in which the following circumstances apply:
?
Physical contact violations.
?
Weapons use or possession
?
Criminal behavior that is violent in nature.
In deciding whether to terminate assistance for a participant family, the HA shall consider all of
the circumstances of each case including the seriousness of the case, the extent of participation or
involvement of individual family members, and the effects of denial or termination of assistance
on other family members who were not involved in the action.
18.04 STATE LIFETIME SEX OFFENDER REGISTRATION
18.04.1 The HA may terminate assistance for a participant family if any member of the
family is listed as a lifetime registration under a state sex offender registration program.
No assistance may be provided to a lifetime sex offender.
18.05DISCRETION TO CONSIDER CIRCUMSTANCES
18.05.1
In deciding whether to terminate assistance for a participant family, under Policy 18,
the HA has discretion to consider all of the circumstances of each case including the seriousness
of the case, the extent of participation or involvement of individual family members, and the
effects of denial or termination of assistance on other family members who were not involved in
the action.
18.05.2
The HA may impose, as a condition of continued assistance for other family members,
a requirement that family members who participated in or were culpable for the action will not
reside in the unit.
45
POLICY 19
TERMINATION OF LEASE
19.01 TERMINATION OF LEASE
19.01.1
The owner shall not terminate the tenancy of the Family except for:
A.Serious or repeated violation of the terms and conditions of the lease;
B.Violation of Federal, State or local law which imposes obligations on the Family in
connection with the occupancy and use of the dwelling unit; or
C.Other good cause (as defined in the Housing Assistance Payment Contract).
19.01.2
The owner may evict the family from the contract unit only by instituting court action.
The owner must notify the HA in writing of the commencement of procedures for termination of
tenancy, at the same time that the owner gives notice to the family under state or local law. The
notice to the HA may be given by furnishing to the HA a copy of the notice sent to the family.
19.01.3
Whether or not the HA has received notice of an eviction, another Housing Choice
Voucher will be issued to the family only if the family does not owe the CDA or any other PHA
any money.
19.02 CLAIMS FOR DAMAGES
Owners may not claim reimbursement from the HA for unpaid rent payable by the tenant,
damages to the unit, or for other amounts owed by the tenant. The owner, in accordance with
state law, may use the security deposit as reimbursement for these amounts. 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.
46
POLICY 20
INFORMAL REVIEW FOR APPLICANTS
20.01
An applicant who is denied assistance may request an informal review of the decision.
20.02
All requests for an informal review must be submitted in writing to the Neighborhood
Services Director within fourteen (14) days of the date which the applicant was notified of the
decision to deny assistance.
20.03
The HA is not required to provide the applicant an opportunity for an informal review for
any of the following:
A.Discretionary administrative determinations by the HA.
B.General policy issues or class grievances.
C.A determination of the family unit size under the HA subsidy standards.
D.An HA determination not to approve an extension or suspension of a certificate or voucher
term.
E.An HA determination not to grant approval to lease a unit under the program or to approve a
proposed lease.
F.An HA determination that a unit selected by the applicant is not in compliance with HQS.
G.An HA determination that the unit is not in accordance with HQS because of the family size
or composition.
20.04
The Neighborhood Services Director shall give the applicant the opportunity to present
written or oral objections to the HA decision.
20.05
Within thirty (30) calendar days of the receipt of the appeal the applicant shall be
notified in writing of the final decision including a brief statement of the reasons for the final
decision.
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POLICY 21
INFORMAL HEARING FOR PARTICIPANT
21.01
The HA must give a participant family an opportunity for an informal hearing for the
following determinations:
A.A determination of the family's annual or adjusted income, and the use of such income to
compute the housing assistance payment.
B.A determination of the appropriate utility allowance (if any) for tenant-paid utilities from the
HA utility allowance schedule.
C.A determination of the family unit size under the HA subsidy standards.
D.A determination that a certificate program family is residing in a unit with a larger number of
bedrooms than appropriate for the family unit size under the HA subsidy standards, or the
HA determination to deny the family's request for an exception from the standards.
E.A determination to terminate assistance for a participant family because of the family's action
or failure to act.
F.A determination to terminate assistance because the participant family failed to notify or
receive approval from the HA for an absence exceeding thirty (30) calendar days or has been
absent from the assisted unit for longer than 180 calendar days.
21.02
The HA must give the opportunity for an informal hearing before the HA terminates
housing assistance payments for the family under an outstanding HAP contract.
21.03
In the cases described in A, B, and C above, the HA must notify the family that the
family may ask for an explanation of the basis of the HA determination and that if the family
does not agree with the determination, the family may request an informal hearing on the
decision.
21.04
In the cases described in D, E, and F above, the HA must give the family prompt
written notice that the family may request a hearing. This notice must:
A.Contain a brief statement of reasons for the decision, including the requirement which was
allegedly violated.
B.State that if the family does not agree with the decision, the family may request an informal
hearing on the decision, and
C.State the deadline for the family to request an informal hearing.
All requests for an informal hearing must be submitted in writing to the Neighborhood Services
Director within fourteen (14) days of the date the family was notified of the decision of the HA.
48
POLICY 22
INFORMAL HEARING PROCEDURES
22.01
Once a request for an informal hearing is received by the HA, the hearing will be
scheduled, when possible, in thirty (30) calendar days.
22.02
Once a hearing is scheduled, the family will be given the opportunity to examine their
file and any HA documents that are directly relevant to the hearing. The family will be allowed
to copy any documents at the family's expense. If a document is not made available to the
family, the HA may not rely on the document at the hearing. An appointment will be set up for
the family for review and the family shall be notified in writing of the appointed date and time
for review.
22.03
The HA must be given the opportunity to examine at the HA offices any family
documents that are directly relevant to the hearing. If the family does not make the document
available, the family may not rely on the document at hearing.
22.04
At its own expense, the family may be represented by a lawyer or other representative.
22.05
A hearing officer will be appointed by the HA. The hearing officer shall be a person
who did not make or approve the decision under review, or a subordinate of this person.
22.06
The HA will first be given the opportunity to present evidence and witnesses to support
its decision. The family will be allowed to question witnesses.
22.07
The family will then be allowed to present evidence and witnesses. The HA will be
allowed to question witnesses.
22.08
Both the HA and the family will be allowed an opportunity to summarize their
arguments with the Housing Authority proceeding first.
22.09
The hearing officer will issue a written decision within fourteen (14) days of the
completion of the hearing briefly stating the reason for the decision. Factual determinations
relating to the individual circumstances of the family shall be based on a preponderance of the
evidence presented at the hearing. A copy of the decision shall be furnished promptly to the
family. The decision shall notify the family of its right to request judicial review of the hearing
decision from the circuit court within thirty (30) days of the date of the decision.
49
22.10
The HA is not required to provide a participant family an opportunity for an informal
hearing for any of the following:
A.Discretionary administrative determinations by the HA.
B.General policy issues or class grievances.
C.Establishment of the HA schedule of utility allowances for families in the program.
D.A HA determination not to approve an extension or suspension of a certificate or voucher
term.
E.A HA determination not to approve a unit or lease.
F.A HA determination that an assisted unit is not in compliance with HQS. (However, the HA
must provide the opportunity for an informal hearing for a decision to terminate assistance
for breach of the HQS caused by the family.)
G.A HA determination that the unit is not in accordance with HQS because of the family size.
H.A determination by the HA to exercise or not to exercise any right or remedy against the
owner under a HAP contract.
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POLICY 23
CLAIMS FOR UNPAID RENT, DAMAGES, AND VACANCY LOSS
23.01CLAIMS PROCEDURE
23.01.1USE OF SECURITY DEPOSIT
If a family vacates its unit, the owner, subject to state and local law, may use the security deposit
as reimbursement for any unpaid family rent or other amounts owed under the lease. If no such
amounts are owed, or if amounts owed are less than the amount of the security deposit, the
owner must refund the full amount, or the unused balance to the family.
23.01.2
For Units Leased After December 1995
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.
23.03TENANT RESPONSIBILITY
Unpaid Rent and/or Damages
If the Neighborhood Services Director has determined that an unpaid rent, damage, or vacancy
loss claim is valid and the amount of the claim will be in excess of the amount of security deposit
that the family paid, the HA will require repayment of the liability in full. Another Certificate of
Participation will be issued to the family upon written agreement of repayment of the liability if
the family's move was made in accordance with applicable policies. (Exception is if the CDA
does not have sufficient ACC authority for continued assistance to the family.) In addition, no
lease or Housing Assistance Payments Contract will be renewed until a tenant family has agreed
in writing to clear any liability with the CDA from the previous year.
23.04
Families will be notified of their right to appeal any decision made under this section.
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POLICY 24
APPROVAL OF LIVE-IN AIDE
24.01
A live-in aide is defined as:
A person who resides with one or more elderly person, or near-elderly person, or person with
disabilities, and who:
A.Is determined to be essential to the care and well being of the person;
B.Is not obligated for the support of the person; and
C.Would not be living in the unit except to provide the necessary supportive services.
24.01.1
The HA will require signed certification from a physician that it is medically necessary
for a participant to have 24 hour in home care.
24.02
Relatives of the family shall not be automatically excluded as a live-in aide, but must
meet the above requirements to qualify.
24.03
The HA may refuse to approve a person as a live-in aide, or may withdraw such
approval, if the person:
A.Commits fraud, bribery, or any other corrupt act in connection with any federal housing
program; or
B.Commits drug-related or violent criminal activity; or
C.Currently owes rent or other amounts to the HA or to another HA in connection with Section
8 or other public housing assistance under the 1937 Act.
24.04
The individual who will be residing in the unit as a live-in-aide will be required to sign
a Live-In-Aide Certification that will state they are aware of the requirements to not contribute
financially to the household, and continuing compliance with the requirements in items 23.03 A,
B and C.
24.05
Decisions to deny the approval of a person as a live-in aide may be appealed to the
Neighborhood Services Director. The decision to deny approval may be grieved in accordance
with Policy 22.
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POLICY 25
FAMILY SELF-SUFFICIENCY (FSS) PROGRAM
25.01DEFINITION
A voluntary program whose goal is to enable families participating in the Section 8 Rental
Assistance Program to attain the skills, knowledge and motivation to secure the opportunities
needed for them to become economically, socially and financially independent and self-
sufficient.
25.02OUTREACH
Staff will recruit participants for the Family Self-Sufficiency program from families who are
current participants in the Section 8 Rent Assistance Program. The program will also be
explained during group and individual orientation sessions.
25.03ESCROW PAYMENTS
25.03.1
All escrowed funds will be deposited into a single depository account.
25.03.2
A separate subsidiary ledger will be maintained for each family participating in the FSS
program showing deposits and interest credits into the account.
25.03.3
When the participant signs their Contract of Participation, the Total Tenant Payment
(TTP) is determined at that point, and this becomes the baseline TTP.
25.03.4
As the participant's earned income increases (which increases the TTP) any difference
between the baseline TTP and the actual TTP is deposited into an escrow account on behalf of
the family on a monthly basis.
25.03.5
In order for deposits to be made into an escrow account on behalf of a participant, the
participant must report the change in income to the HA, and the HA must complete an interim re-
examination of income to adjust the monthly TTP. If a participant fails to report a change in
income, the participant’s escrow account will not be credited with any portion of back rent.
25.03.6
FSS accounts will be credited on a monthly basis, but transfers to the depository
account will occur on an annual basis.
25.03.7
Amounts deposited in the escrow account will earn monthly interest at the same rate as
the City of Janesville’s investments in the Local Government Investment Pool.
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25.04WITHDRAWAL FROM ESCROW ACCOUNT
25.04.1
Funds in the escrow account will be disbursed when:
A.The family completes the contract; or
B.Whenever 30 % of the family monthly adjusted income equals or exceeds the FMR for the
size of the unit for which the family qualifies; and
C.When no family member receives welfare assistance.
25.04.2
Fund in the escrow account may be partially disbursed if
A.The family has fulfilled interim Contract goals; and
B.Needs a portion of the FSS account funds for the purposes consistent with the Contract such
as:
?
School tuition or other school costs
?
Job training expenses
?
Business start-up expenses
?
Car when public transportation is unavailable or inaccessible to the family
25.04.3
The decision to disburse funds from an escrow account shall be made by the
Neighborhood Services Director.
25.05
Amounts in the escrow account shall be forfeited if
A.The Contract of Participation is terminated; or
B.The Contract of Participation is completed but the family is receiving welfare assistance
when the contract expires, including extensions.
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POLICY 26
RENT REASONABLENESS
26.01
Rents charged by owners for units leased to participants in the Section 8 Tenant-based
Rent Assistance program shall not exceed the current rents for comparable unassisted units.
26.02
In making a certification of Rent Reasonableness the following factors should be taken
into consideration in comparing the program unit and similar unassisted units:
A.Location
B.Size
C.Type
D.Quality
E.Age
F.Amenities
G.Housing Services
H.Management and Maintenance Services
I.Utilities Provided by Owners
26.03
A certification of Rent Reasonableness shall be completed:
A.At the time of initial leasing
B.Before any increase in the rent to owner
C.At the HAP contract anniversary if there is a 5% decrease in the published FMR in effect 60
days before the HAP contract anniversary
26.04METHODOLOGY
26.04.1
The HA will maintain books which include comparable data on unassisted units in the
market. Staff in making their rent reasonableness determinations will use this data.
26.04.2
These books will include data sheets for each unassisted unit to be used as a
comparable. The data sheets will provide information on each of the items identified in 26.02
and will assign points to each of the unassisted units based upon the number of amenities
provided.
26.04.3
On an annual basis the books will be updated. Gross rents will be adjusted using the
most current utility allowance worksheet. The unit rent amount will be adjusted by applying the
percentage increase in the Fair Market Rent (FMR) from the previous year for that bedroom size.
26.04.4
A data sheet will also be completed for each assisted unit when a “rent reasonableness”
determination is required.
26.04.5
In making a determination of rent comparability the HA will usually compare the gross
rent for the assisted unit to the gross rents for three (3) comparable unassisted units.
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26.04.6
Unassisted units will be considered comparable if the total points assigned to that unit
are within five (5) points of the assisted unit (+/- 5 points). If sufficient data is not available to
provide three (3) comparable unassisted units within five (5) points of the assisted unit, then the
point range may be extended to ten (10) points (+/- 10 points).
26.04.7
When a rent reasonableness determination is required, a Rent Reasonableness
Certification shall be completed. The Rent Reasonableness Certification will list the Contract
Rent, Utility Allowance, and Gross Rent of the assisted unit and the comparable unassisted units.
It will also include the unit numbers of the comparable unassisted units.
26.04.8
If the gross rent for the assisted unit is within the range of gross rents for comparable
unassisted units, then the rent shall be determined to be reasonable. If the gross rent for the
assisted unit is above range of gross rents for comparable unassisted units, then the proposed rent
shall be determined to not be reasonable and the Request for Tenancy Approval or request for
rent increase shall not be approved.
26.05DENIAL OF PROPOSED RENT OR RENT INCREASE
26.05.1
If the HA determines that the proposed rent or rent increase is not reasonable based
upon rents charged for comparable unassisted units, the HA will contact the Owner and inform
him/her of the determination.
26.05.2
The Owner may choose to decrease the proposed contract rent or proposed rent increase
so that the gross rent is within the range of comparable unassisted units. In this case the
proposed rent or rent increase may then be approved.
26.05.3
If the Owner does not agree with the determination that the rent is not reasonable,
he/she may supply the HA with information on five (5) unassisted units that he/she feels are
comparable and support the proposed rent or rent increase requested. If the assisted unit is in a
multi-unit building (4 or more units), the Owner need only supply information on three (3)
comparable unassisted units located within that same building or identical buildings located in
the same apartment complex. Such information must be provided within five (5) working days
of the date the Owner was notified of the rent determination.
26.05.4
The Housing Specialist will review the information on comparable unassisted units
provided by the owner. The Housing Specialist, in consultation with the Neighborhood Services
Director will make a final determination of Rent Reasonableness. The decision of the
Neighborhood Services Director shall be final.
26.05.5
If the Owner is unwilling to reduce the Contract Rent to a level that is determined to be
reasonable, then the HA may not approve the proposed lease or rent increase and the tenant will
be required to find other suitable housing if he/she wishes to continue to participate in the
Section 8 Rent Assistance program.
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POLICY 27
VERIFICATION OF INFORMATION
It is the responsibility of the Housing Authority staff to determine, in accordance with HA
policy, each applicant’s:
?
Eligibility
?
Family Size
?
Income Eligibility
?
Total Tenant Payment
Initially, and at each annual, the head of the household and all adult household members will be
required to sign a release and consent form authorizing the release of necessary information to
the Housing Authority.
Verification of information will be obtained through:
?
Third party verification forms sent directly to employers, public agencies,
physicians, pharmacists, banks, child care providers, etc. Verification
source will be given 10 days to return completed verification, at which
time a second notice will be sent.
?Copies of check stubs, money orders, statements. If two requests are
made for a third party verification, and no response is received, the
applicant/participant will be sent a request to provide documentation.
?Enterprise Income Verification (EIV)
?Oral/telephone verifications, if written third party verifications are
unattainable.
?If verification cannot be obtained through the methods listed above, the
Housing Authority may accept an applicant/participant declaration by way
of a notarized statement of the information needed. This is the least
desirable verification and should only be used if information may not be
obtained as listed above.
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POLICY 28
EQUAL OPPORTUNITY AND FAIR HOUSING POLICY
This Housing Authority will not deny to any family the opportunity to apply for admission, nor
deny an eligible applicant the opportunity to receive assistance on the basis of sex, race, color,
sexual orientation, disability, religion, national origin, marital status, family status, lawful source
of income, age or ancestry.
It is the policy of this Housing Authority to comply fully with all federal, state and local
nondiscrimination laws and with the rules and regulations governing Fair Housing and Equal
Opportunity in housing and employment. In addition, same sex couples shall be admitted as a
family unit provided each individual is otherwise eligible for admission.
To further its commitment to full compliance with applicable Civil Rights laws, the Housing
Authority will provide information to Voucher holders regarding unlawful discrimination and
any recourse available to families who believe they are victims of a discriminatory act. Such
information will be made available during the family briefing session, and all applicable Fair
Housing Information and Discrimination Complaint forms will be made a part of the Voucher
holder’s briefing packet and available upon request at the front desk. Fair Housing posters are
posted throughout the Housing Authority office at a height easily readable from a wheelchair.
The Neighborhood Services office is accessible to persons with disabilities, and accessibility for
the hearing impaired is provided by the TDD line.
28.01 SERVICES FOR NON-ENGLISH SPEAKING APPLICANTS AND
PARTICIPANTS
The Neighborhood Services office will have access to a translation service agency to
provide this service to applicants and/or participants who speak languages other than
English in order to assist non-English speaking families.
28.02 REASONABLE ACCOMMODATION
In the event that a person with disabilities may need a reasonable accommodation in
order to take full advantage of the housing programs and related services the following
policy clarifies how people can request accommodations and the guidelines the
Neighborhood Services office will follow in determining whether it is reasonable to
provide a requested accommodation. When such accommodations are granted, they do
not confer special treatment or advantage for the person with a disability; rather, they
make the program fully accessible to them in a way that would otherwise not be possible
due to their disability. Because disabilities are not always apparent, the Neighborhood
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Services office will ensure that all applicants/participants are aware of the opportunity to
request reasonable accommodations.
Anyone requesting an application will also receive a Request for Reasonable
Accommodation Form.
Notifications of reexamination will include information about requesting a reasonable
accommodation. Any notification requesting action by the participant will include
information about requesting a reasonable accommodation.
Termination notices shall include information about the right to request a Reasonable
Accommodation.
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POLICY 29
CERTIFICATION
The HA will carry out the public housing program of the agency in conformity with title VI of
the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act 0f
1973, and title II of the Americans with Disabilities Act of 1990, and will affirmatively further
fair housing.
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POLICY 30
VIOLENCE AGAINST WOMEN ACT
30.01PURPOSE
The purpose of this Policy is to implement the applicable provisions of the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162) and more
generally to set forth the HA’s policies and procedures regarding domestic violence, dating
violence, and stalking, as hereinafter defined.
Notwithstanding its title, this Policy is gender-neutral, and its protections are available to males
who are victims of domestic violence, dating violence, or stalking as well as female victims of
such violence.
30.02GOALS AND OBJECTIVES
This Policy has the following principal goals and objectives:
A. Maintaining compliance with all applicable legal requirements imposed by
VAWA;
B.Ensuring the physical safety of victims of actual or threatened domestic violence,
dating violence or stalking;
C.Providing and maintaining housing opportunities for victims of domestic violence,
dating violence or stalking;
D.Taking appropriate action in response to an incident or incidents of domestic
violence, dating violence, or stalking, affecting individuals assisted by the HA.
30.03ADMISSIONS AND SCREENING
Non-Denial of Assistance. The HA will not deny admission to any person in the HCV Program
because that person is or has been a victim of domestic violence, dating violence, or stalking,
provided that such person is otherwise qualified for such admission.
30.04 TERMINATION OF ASSISTANCE
30.04.1
VAWA Protections. Under VAWA, assistance will not be terminated by the HA as a
result of criminal activity, if that criminal activity is directly related to domestic violence, dating
violence or stalking engaged in by a member of the assisted household, a guest or another person
under the tenant’s control, and the tenant or immediate family member is the victim or threatened
victim of this criminal activity. However, the protection against termination of assistance
described in this paragraph is subject to the following limitation:
a. Nothing contained in this paragraph shall limit any otherwise available authority
of the HA to terminate assistance for any violation of a lease or program
requirement not premised on the act or acts of domestic violence, dating violence,
or stalking in questions against the tenant or a member of the tenant’s household.
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30.04.2
Removal of the Perpetrator. Further, notwithstanding anything in Federal, State or
local law to the contrary, the HA may divide a lease, or remove a household member from a
lease, without regard to whether a household member is a signatory to a lease, in order to
remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or
lawful occupant and who engages in acts of physical violence against family members or others.
Such action against the perpetrator of such physical violence may be taken without removing,
terminating assistance to, or otherwise penalizing the victim of such violence who is also the
tenant or lawful occupant.
30.05VERIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE OR
STALKING
30.05.1
Requirement for Verification. The law allows, but does not require, the HA to verify
that an incident or incidents of actual or threatened domestic violence, dating violence, or
stalking claimed by a tenant or other lawful occupant is bona fide and meets the requirements of
the applicable definitions set forth in this policy. Subject only to waiver as provided in 30.05.3
below, the HA shall require verification in all cases where an individual claims protection
against an action involving such individual proposed to be taken by the HA.
Verification of a claimed incident or incidents of actual or threatened domestic violence, dating
violence or stalking may be accomplished in one of the following three ways:
1. HUD-approved form. By providing to the HA a written certification, on a form
approved by the U.S. Department of Housing and Urban Development (HUD), that
the individual is a victim of domestic violence, dating violence or stalking that the
incident or incidents in questions are bona fide incidents of actual or threatened
abuse, meeting the requirements of the applicable definition(s) set forth in this
policy. The incident or incidents in question must be described in reasonable detail
as required in the HUD-approved form, and the completed certification must
include the name of the perpetrator.
2.Other documentation – by providing to the HA documentation signed by an
employee, agent or volunteer of a victim service provider, an attorney, or a medical
professional, from whom the victim has sought assistance in addressing the
domestic violence, dating violence or stalking, or the effects of the abuse, described
in such documentation. The professional providing the documentation must sign
and attest under penalty of perjury (28 U.S.C. 1746) to the professional’s belief that
the incident in question bona fide incidents of abuse meeting the requirements of
the applicable definition(s) set forth in this policy. The victim of the incident or
incidents of domestic violence, dating violence or stalking described in the
documentation must also sign and attest to the documentation under penalty of
perjury.
3.Police or court record – by providing to the HA a Federal, State, tribal, territorial, or
local police or court record describing the incident or incidents in question.
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30.05.2
Time allowed to provide verification/failure to provide. An individual who claims
protection against adverse action based on an incident or incidents of actual or threatened
domestic violence, dating violence or stalking, and who is requested by the HA to provide
verification, must provide such verification within 14 business days ( excluding Saturdays,
Sundays, and federally-recognized holidays) after receipt of the request for verification. Failure
to provide verification, in proper form within such time will result in loss of protection under
VAWA and this policy against a proposed adverse action.
30.05.3
Waiver of verification requirement. The Neighborhood Services Director may, with
respect to any specific case, waive the above-stated requirements for verification and provide the
benefits of this policy based on the victim’s statement or other corroborating evidence. Such
waiver must be in writing. Waiver in a particular instance or instances shall not operate as
precedent for, or create any right to, waiver in any other case or cases, regardless of similarity in
circumstances.
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POLICY 31
TERMINATION OF ASSISTANCE DUE TO INSUFFICIENT FUNDING
30.01 PURPOSE
The purpose of this policy is to outline how the HA would terminate HAP contracts, in
accordance with HUD requirements, if the HA determines that funding under the
Consolidated Annual Contributions Contract is insufficient to support continued assistance
for households in the program.
30.02 FUNDING DETERMINATION
In determining if funding under the Consolidated Annual Contributions Contract is
insufficient to support continued assistance for household in the program, the HA will take
into consideration its available budget authority, which includes unspent prior year HAP
funds maintained in the HA’s Net Restricted Assets account.
30.03 COST SAVING MEASURES
Before terminating HAP contracts on the basis of insufficient funding, the HA will ensure
that it has carefully considered all cost-savings measures and the impact such terminations
will likely have on program applicants and participants.
30.04 NOTIFICATION
Before terminating any HAP contracts, the HA will notify the HUD Field Office and its
financial analyst at the Financial Management Center.
Before terminating any HAP contracts, the HA will provide ____ days advance notice to
affected landlords and tenants.
30.05ORDER OF TERMINATION
If the termination of HAP contracts due to insufficient funding is required, the order of
terminations will be as follows:
1.Single, non elderly, non disabled households, starting with the individuals
who have been on the program the longest amount of time;
2.Non elderly, non disabled households, starting with the individuals who have
been on the program the longest amount of time;
3.Participants in the YWCA Transitional Living Program or other approved
Transitional Living Program, starting with the individuals who have been on
the program the longest amount of time;
4.Elderly, non disabled households, starting with the individuals who have
been on the program the longest amount of time.
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5.Disabled households, starting with the individuals who have been on the
program the longest amount of time.
30.06RESUMPTION OF ASSISTANCE
Individuals and households terminated from the program due to a funding shortfall
will be placed on the top of the waiting list. As soon as sufficient funding is available,
assistance will be offered in the reverse order of the terminations.
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