Board of County Commissioners Wakulla County, Florida Agenda Regular Public Meeting Monday, October 21, 2013 @ 6:00 P.M. Invocation Pledge of Allegiance Approval of Agenda: (The Chairman and members of the Board will approve and/or modify the official agenda at this time). Citizens to be Heard (There is a Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission. Citizens will have the opportunity to speak once under the Citizens to be Heard portion of the agenda which will be at the start or end of each meeting). (To ensure fairness and encourage participation, citizens who would like to speak on any item will need to fill out a speaker’s card and turn in to Ms. Taff prior to the beginning of discussion on that particular item. Citizens are allowed a maximum of 3 minutes to speak.) Public Hearing (Public Hearings are held as required to receive public comments on matters of special importance or as prescribed by law. For regular Board meetings, public hearings shall be scheduled as the first substantive item on the agenda and heard at the time scheduled for the start of the meeting or as soon thereafter as is possible. Individual speakers are encouraged to adhere to a three (3) minute time limit. The Chairman has the discretion to either extend or reduce time limits, based on the number of speakers) Awards and Presentations (Members of the Board will have the opportunity to acknowledge members of the community or commendable efforts at this time. Presentations will be made from individuals concerning issue of importance). Update Relating to Capital City to the Sea Trails – Jon Sewell, Kimley-Horn Presentation by Pam Raker-Albritton on behalf of National Big Bend Hospice Month
Transcript
Board of County Commissioners Wakulla County, Florida
Agenda Regular Public Meeting
Monday, October 21, 2013 @ 6:00 P.M.
Invocation Pledge of Allegiance
Approval of Agenda: (The Chairman and members of the Board will approve and/or modify the official agenda at this time).
Citizens to be Heard (There is a Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission. Citizens will have the opportunity to speak once under the Citizens to be Heard portion of the agenda which will be at the start or end of each meeting).
(To ensure fairness and encourage participation, citizens who would like to speak on any item will need to fill out a speaker’s card and turn in to Ms. Taff prior to the beginning of discussion on that particular item. Citizens are allowed a maximum of 3 minutes to speak.) Public Hearing (Public Hearings are held as required to receive public comments on matters of special importance or as prescribed by law. For regular Board meetings, public hearings shall be scheduled as the first substantive item on the agenda and heard at the time scheduled for the start of the meeting or as soon thereafter as is possible. Individual speakers are encouraged to adhere to a three (3) minute time limit. The Chairman has the discretion to either extend or reduce time limits, based on the number of speakers)
Awards and Presentations (Members of the Board will have the opportunity to acknowledge members of the community or commendable efforts at this time. Presentations will be made from individuals concerning issue of importance).
Update Relating to Capital City to the Sea Trails – Jon Sewell, Kimley-Horn
Presentation by Pam Raker-Albritton on behalf of National Big Bend Hospice Month
Board of County Commissioners Regular Public Meeting Agenda October 21, 2013 Page 2
Consent
(All items contained herein may be voted on with one motion. Consent items are considered to be routine in nature, are typically non-controversial and do not deviate from past Board direction or policy. However, any Commissioner, the County Administrator, or the County Attorney may withdraw an item from the consent agenda, either in writing prior to the meeting, or at the beginning of the meeting and it shall then be voted on individually. Every effort shall be made to provide such a request to the Chairman at least 24 hours before the meeting).
1. Approval of Minutes from the October 7, 2013 Regular Board Meeting
(Brent X. Thurmond, Clerk of Court)
2. Approval for Payment of Bills and Vouchers Submitted for October 3, 2013 – October 16, 2013 (Brent X. Thurmond, Clerk of Court)
3. Request Board Approval to Award RFP #2013-23 to NXC North America for a Destination
Management System (David Moody, TDC Chairman)
4. Request Board Approval to Schedule and Advertise a Public Hearing to Consider Adopting the
Resolution of Intent to Use the Uniform Method of Collection for Assessments (Jessica Welch, Communications and Public Services Director)
5. Request Board Approval of Change Order No. 2 to Peavy and Son Construction Contract for
Additional Drainage Work, Leveling Course, and Reducing Shoulder Paving Width on Spring Creek Hwy
(Cleve Fleming, Public Works Director)
6. Request Board Approval to Apply for the 2014/15 Coastal Partnership Grant (Sam Martin, TDC Director) 7. Request Board Approval of a Proclamation Declaring November 2013 as National Home Care
Month in Wakulla County (Katie Taff, Administrative Coordinator)
8. Request Board Approval of a Proclamation Declaring November 2013 as National Big Bend
Hospice Month in Wakulla County (Katie Taff, Administrative Coordinator)
9. Request Board Approval of a Proclamation Declaring November 2013 as Alzheimer’s Awareness
Month in Wakulla County (Katie Taff, Administrative Coordinator) 10. Request Approval of an Amendment to the Wakulla County Housing Choice Voucher (Section 8)
Program’s Administrative Plan to Include a Termination Policy (Esrone McDaniels. Meridian Community Services Group) 11. Request Board Approval of the 2014 Board of County Commissioners Meeting Calendar (Jessica Welch, Communications and Public Services Director)
Board of County Commissioners Regular Public Meeting Agenda October 21, 2013 Page 3
12. Request Board Approval to Schedule and Advertise a Public Hearing to Consider an Ordinance
Amending Chapter 8 of Wakulla County Code of Ordinances (Jaime Baze, Code Enforcement Officer)
13. Request Board Approval to Schedule and Advertise a Public Hearing to Consider an Ordinance Relating to Property Abatement Assessments (Heather Encinosa, County Attorney)
Consent Items Pulled for Discussion (Members requesting further information on items placed under “Consent Agenda,” may withdraw those items and place them here, for further discussion). Planning and Zoning (Members will be provided with planning and zoning amendment requests five (5) business days prior to the scheduled meeting. To the maximum extent possible, all support information and documentation for P&Z items shall be made available through a variety of means including the County website that will provide the public with the greatest opportunity to review documentation at the date of advertisement pursuant to Resolution No. 04-43. “In accordance with Sec. 24.01 of County Code, for all quasi- judicial proceedings each Commission member must disclose all contact received from interested parties and/or their representatives, lobbyists, or any other third parties concerning any application and any personal investigation or knowledge being relied upon during the consideration of any quasi-judicial planning and zoning matters”.) General Business (General Business items are items of a general nature that require Board directions or pertain to Board policy
14. Request Board Approval of the Small County Outreach Program (SCOP) Agreement for Roadway
Widening and Resurfacing for County Road 373 (Springhill Road) (Cleve Fleming, Public Works Director)
15. Request Board Approval of Comments to the U.S. Treasury on the Proposed RESTORE Act CFR (Sheree Keeler, Intergovernmental Affairs Director)
Commissioner Agenda Items (Items with supporting documentation shall be provided by a Commissioner to the County Administrator three (3) business days prior to the scheduled meeting. Items that are agendaed by Commissioners and fail to gain approval may not be replaced on the agenda by a Commissioner on the non-prevailing side for a period of six (6) months without approval of the Chairman unless there is substantive new information to present). 16. Commissioner Moore -
a. Request Board Approval to Negotiate Land Purchase for a New Recreation Facility
17. Commissioner Merritt – a. Request Board Approval to Amend the Employment Agreement for the County
Administrator
Board of County Commissioners Regular Public Meeting Agenda October 21, 2013 Page 4
County Attorney
(County Attorney items are items of a legal nature that require Board direction or represent general information to Board Members, staff or the public). County Administrator
(County Administrator items are items that require Board direction or represent general information to Board Members, staff or the public).
Citizens to be Heard (There is a Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission. Citizens will have the opportunity to speak once under the Citizens to be Heard portion of the agenda which will be at the start or end of each meeting).
(To ensure fairness and encourage participation, citizens who would like to speak on any item will need to fill out a speaker’s card and turn in to Ms. Taff prior to the beginning of discussion on that particular item. Citizens are allowed a maximum of 3 minutes to speak.)
Discussion Issues by Commissioners
(The purpose of this section is for Commissioners to request staff action on various issues, including scheduling of a future agenda item for later Board action, based on the approval of a majority of the Board. No assignments or request for agenda items shall be given to the County Administrator or County Attorney without the express approval of the majority of the Board. The Board shall take no policy action without an agenda item unless such is accomplished through a unanimous vote of the Board. The remarks of each Commissioner during his or her “discussion items” shall adhere to Robert Rules of Order, for proper decorum and civility as enforced by the Chairman.
Adjourn
(Any departure from the order of business set forth in the official agenda shall be made only upon majority vote of the members of the Commission present at the meeting) The next Board of County Commissioners Meeting is scheduled for
Monday, November 4, 2013 at 6:00p.m.
Board of County Commissioners Regular Public Meeting Agenda October 21, 2013 Page 5
Regular Board Meeting and Holiday Schedule
January 2013 – December 2013
January 2013 February 2013 March 2013 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 1 2 1 2
Board of County Commissioners Regular Public Meeting Agenda October 21, 2013 Page 6
PUBLIC NOTICE 2012/2013 Tentative Schedule
All Workshops, Meetings, and Public Hearings are subject to change All sessions are held in the Commission Chambers, 29 Arran Road, Suite 101, Crawfordville, FL.
Workshops are scheduled as needed.
Month Day Time Meeting Type
October 2013 Monday, 7 6:00 P.M. Regular Board Meeting
Monday, 14 7:00 P.M. Planning Commission Meeting
Monday, 21 6:00 P.M. Regular Board Meeting
November 2013 Monday, 4 5:00 P.M. Workshop to Discuss the Wakulla Marine Advisory Committee’s (MAC) Structure and Governance
Monday, 4 6:00 P.M. Regular Board Meeting
Thursday, 7 4:00 P.M. Workshop to Discuss the Panacea Area Incorporation Initiative
Thursday, 7 5:00 P.M. Workshop to Discuss the Wakulla County Airport Master Plan Project
Tuesday, 12 7:00 P.M. Planning Commission Meeting
Wednesday, 13 5:30 P.M. Code Enforcement Meeting
Thursday, 14 5:00 P.M. Workshop to Allow Proposals and Presentations Relating to the Wakulla County Community Center for Volunteer Management, Development, Implementation, and Operations
Monday, 18 6:00 P.M. Regular Board Meeting
December 2013 Monday, 9 6:00 P.M. Regular Board Meeting
Tuesday, 10 7:00 P.M. Planning Commission Meeting
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 10, 2013 To: Honorable Chairman and Members of the Board
From: Brent X. Thurmond, Clerk of Court Subject: Approval of Minutes from the October 7, 2013 Regular Board Meeting
Statement of Issue: This agenda item requests Board approval of the minutes of the October 7, 2013 Regular Board Meeting (Attachment #1). Options: 1. Approve the minutes of the October 7, 2013 Regular Board Meeting. 2. Do not approve minutes of the October 7, 2013 Regular Board Meeting. 3. Board direction. Recommendation: Option #1 Attachment(s)
1. Draft of Minutes – October 7, 2013 Regular Board Meeting.
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 10, 2013 To: Honorable Chairman and Members of the Board
From: Brent X. Thurmond, Clerk of Court
Subject: Approval for Payment of Bills and Vouchers Submitted for October 3, 2013
– October 16, 2013 Statement of Issue: This agenda item requests Board approval for payment of bills and vouchers submitted for October 3, 2013 – October 16, 2013. Background: It is the policy of the Board to pre-approve payment of bills and vouchers prior to the release of funds. Options: 1. Approve payment of bills and vouchers submitted for October 3, 2013 – October 16, 2013. 2. Do not approve payment of bills and vouchers. 3. Board direction. Recommendation: Option #1 Attachment(s) Statement of bills and vouchers submitted for October 3, 2013 – October 16, 2013
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013
Date Submitted: September 20, 2013
To: Honorable Chairman and Members of the Board
From: David Moody, Tourist Development Council Chairman
Subject: Request Board Approval to Award RFP #2013-23 to NXC North America for a Destination Management System
Statement of Issue: This agenda item requests Board approval to award RFP #2013-23 to NXC North America for Destination Management System and approval for the Chairman to execute the contract. Background: On September 27, 2012, the TDC received an email that funds were being made available through the Deep Horizon Economic Claims Center (DHECC) for Gulf States Tourism and Seafood Promotion. A proposal was developed for Wakulla County and submitted. On November 7, 2012, the TDC received an email from the DHECC Claims Administrator announcing that Wakulla County TDC was awarded $500,000. As part of the Gulf Tourism and Seafood Promotional Grant, on July 26, 2013 at the direction of the County Administrator, advertisement for RFP #2013-23 for a Destination Management System was placed in local newspapers, the County website and posted locally with a closing date of August 14, 2013. Three bids were received. On September 5, 2013 two firms, NXC North America and Glogou, Inc., made presentations to the TDC with NXC North America being selected as fulfilling the requirements set forth in RFP #2013-23 with the most competitive price. Analysis: The Destination Management System will include a full featured website designed by experienced professionals who understand the unique challenges associated with destination marketing with proven solutions to enhance the tourists’ experience while enabling the TDC to easily and seamlessly provide content, contact management and promotional campaigns. Budgetary Impact:
Request Board Approval to Award RFP #2013-23 to NXC North America for a Destination Management System October 21, 2013 Page 2
The bid amount from NXC North America is $79,921.00. The Tourist Development Council 2013-14 Budget includes the funding for the award of and accurate tracking of expenses for this contract. Options: 1. Approve to award RFP# 2013-23 for a Destination Management System to NXC North
America and approve the Chairman to execute the contract. 2. Do not approve to award RFP# 2013-23 for a Destination Management System to NXC
North America and do not approve the Chairman to execute the contract. 3. Board Direction.
Option #1 Recommendation:
Attachment(s): 1. NXC North America Contract
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 4, 2013 To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator
Heather J. Encinosa, County Attorney Jessica Welch, Director, Communications & Public Services
Subject: Request Board Approval to Schedule and Advertise a Public Hearing to
Consider Adopting a Resolution of Intent to Use the Uniform Method of Collection for Assessments
Statement of Issue: This agenda item requests Board approval to schedule and advertise a public hearing to consider adopting a Resolution of Intent to allow the County the option of using the Uniform Method of Collection for assessments to fund fire, emergency medical services, solid waste, stormwater, road maintenance and improvements, clean energy and wind resistance improvements, property nuisance abatement and clean-up services and improvements, and other neighborhood improvements, facilities, and associated services. Background: Section 197.3632, Florida Statutes, requires that the County hold a public hearing and adopt a resolution of intent to use the uniform method of collection prior to January 1, 2014. The County has established a voluntary assessment program for road maintenance and improvements and other neighborhood improvements, facilities, and associated services. In the event neighborhoods avail themselves of this program, a resolution of intent to use the tax bill collection method should be adopted to preserve this collection option. Additionally, the County currently levies a fire and solid waste assessment, and a road maintenance and improvements assessment. It is recommended to also include emergency medical services, stormwater , clean energy and wind resistance improvements, property nuisance abatement and clean-up services and improvements, and other neighborhood improvements, facilities, and associated services to preserve this ability to the Board. Analysis:
Agenda Request: Request Board Approval to Schedule and Advertise a Public Hearing to Consider Adopting a Resolution of Intent to Use the Uniform Method of Collection for Assessments October 21, 2013 Page 2
Section 197.3632, Florida Statutes, requires that the County hold a public hearing and adopt a resolution of intent to use the uniform method of collection for any assessment program in the calendar year prior to any such collection. This resolution, which does not obligate the County to use the tax bill collection method or impose a special assessment, must be adopted by January 1, 2014 and sent to the Wakulla County Tax Collector, the Wakulla County Property Appraiser and the Florida Department of Revenue by January 10, 2014. The proposed Resolution (Attachment #1) specifically references the potential special assessment programs and reserves to the County the ability to impose assessments within the County. Upon approval, the public hearing will be scheduled for December 9, 2013. Also attached as Attachment #2 is the advertisement form for the public hearing. Budgetary Impact: The budgetary impact associated with this item will be the advertisement cost of the public hearing in the Wakulla News. The public hearing ad is required to run in four consecutive weeks of the Wakulla News, which is estimated at $400. Options: 1. Approve to Schedule and Advertise a Public Hearing on December 9, 2013 to Consider
Adopting a Resolution of Intent to Use the Uniform Method of Collection for Assessments to fire, emergency medical services, solid waste, stormwater, road maintenance and improvements, clean energy and wind resistance improvements, property nuisance abatement and clean-up services and improvements, and other neighborhood improvements, facilities, and associated services.
2. Do Not Approve to Schedule and Advertise a Public Hearing on December 9, 2013 to Consider Adopting a Resolution of Intent to Use the Uniform Method of Collection for Assessments to fire, emergency medical services, solid waste, stormwater, road maintenance and improvements, clean energy and wind resistance improvements, property nuisance abatement and clean-up services and improvements, and other neighborhood improvements, facilities, and associated services.
3. Board Direction. Recommendation: Option #1 Attachments: 1. Proposed Resolution of Intent to Use the Uniform Method of Collection for Assessments. 2. Public Hearing Advertisement Form
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RESOLUTION NO.________________ A RESOLUTION OF WAKULLA COUNTY, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE UNINCORPORATED AREA AND OF WAKULLA COUNTY AND WITHIN THE INCORPORATED AREAS OF THE CITIES OF SOPCHOPPY AND ST. MARKS, FLORIDA, FLORIDA; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Wakulla County, Florida (the "County") is contemplating the
imposition of special assessments for the provision of fire, emergency medical services, solid waste, stormwater, road maintenance and improvements, clean energy and wind resistance improvements, property nuisance abatement and clean-up services and improvements, and other neighborhood improvements, facilities, and associated services; and
WHEREAS, the County intends to use the uniform method for collecting non-ad valorem special assessments for the cost of providing fire, emergency medical services, solid waste, stormwater, road maintenance and improvements, clean energy and wind resistance improvements, property nuisance abatement and clean-up services and improvements, and other neighborhood improvements, facilities, and associated services to property within the unincorporated area and all incorporated areas of the County as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2014, in the same manner as provided for ad valorem taxes; and
WHEREAS, the County held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A.
NOW, THEREFORE BE IT RESOLVED:
1. Commencing with the Fiscal Year beginning on October 1, 2014, and with the tax statement mailed for such Fiscal Year and continuing until discontinued by the County, the County intends to use the uniform method of collecting non-ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing fire, emergency medical services, solid waste, stormwater, road maintenance and improvements, clean energy and wind resistance improvements, property nuisance abatement and clean-up services and improvements, and other neighborhood improvements, facilities, and associated services. Such non-ad valorem assessments shall be levied within the unincorporated area of the County and within the incorporated areas of the cities of
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Sopchoppy and St. Marks. A legal description of such area subject to the assessments is attached hereto as Exhibit B and incorporated by reference.
2. The County hereby determines that the levy of the special assessments is needed to fund the cost of fire, emergency medical services, solid waste, stormwater, road maintenance and improvements, clean energy and wind resistance improvements, property nuisance abatement and clean-up services and improvements, and other neighborhood improvements, facilities, and associated services throughout the unincorporated area of the County and within the incorporated areas of the cities of Sopchoppy and St. Marks.
3. Upon adoption, the County Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Wakulla County Tax Collector, and the Wakulla County Property Appraiser by January 1, 2014.
4. This Resolution shall be effective upon adoption.
DULY ADOPTED this 9th day of December 2013.
WAKULLA COUNTY
BOARD OF COUNTY COMMISSIONERS _________________________________ Randy Merritt, Chairman ATTEST: Brent X. Thurmond, Clerk of Court APPROVED AS TO FORM AND CONTENT: ________________________________ Heather J. Encinosa, County Attorney
EXHIBIT A
PROOF OF PUBLICATION
[INSERT PROOF OF PUBLICATION]
EXHIBIT B
LEGAL DESCRIPTION
The boundary lines of Wakulla County, including the incorporated areas of the cities of Sopchoppy and St. Marks, are as follows: Beginning on the range line between ranges two and three east where the same strikes the Gulf of Mexico; thence north on said range line to the north boundary of section thirty-six, township two south, range two east; thence due west on the north line of said section thirty-six and other sections to the railroad leading from Tallahassee to St. Marks; thence north along said railroad two sections; thence west on the north line of section twenty, township two south, range one east, and other sections, to the thread of Ochlockonee River; thence southerly and easterly along the thread of said river concurrent with the north and east boundary of Franklin County to a point directly south of the southernmost point of Grass Island; thence along a straight line to the center point of the U.S. 98 (State Road 30) bridge across Ochlockonee Bay; thence east-southeast to a point directly north of the easternmost point of James Island; thence easterly to the boundary line of the State of Florida in the Gulf of Mexico; thence north and easterly along said gulf, including the waters of said gulf within the jurisdiction of the State of Florida, to the place of beginning.
NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS
Wakulla County, Florida (the "County") hereby provides notice, pursuant to section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem special assessments throughout the unincorporated area of the County and within the incorporated areas of the cities of Sopchoppy and St. Marks, for the cost of providing fire, emergency medical services, solid waste, stormwater, road maintenance and improvements, clean energy and wind resistance improvements, property nuisance abatement and clean-up services and improvements, and other neighborhood improvements, facilities, and associated services commencing for the Fiscal Year beginning on October 1, 2014 and continuing until discontinued by the County. The County will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by section 197.3632, Florida Statutes, at a public hearing to be held at 6:00p.m. on December 9, 2013 in the Wakulla County Commission Chambers, 29 Arran Road, Crawfordville, Florida. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levy, are on file at the County Administrator's Office, 3093 Crawfordville Highway, Crawfordville, Florida. All interested persons are invited to attend. In the event any person decides to appeal any decision by the County with respect to any matter relating to the consideration of the resolution at the above-referenced public hearing, a record of the proceeding may be needed and in such an event, such person may need to ensure that a verbatim record of the public hearing is made, which record includes the testimony and evidence on which the appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the County at (850)926-0919, at least one day prior to the date of the hearing. Publish in a newspaper of general circulation during the weeks of: 11/14/2013 11/21//2013 11/28/2013 12/05/2013
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 4, 2013 To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator
Cleve Fleming, Public Works Director Subject: Request Board Approval of Change Order No. 2 to Peavy and Sons
Contract for Additional Drainage Work, Leveling Course and Reduced Shoulder Paving Width on Spring Creek Hwy
Statement of Issue: This agenda item requests board approval of Change Order No. 2 to Peavy and Sons contract for additional drainage work, leveling course and reduced shoulder paving width on Spring Creek Hwy. Background: On June 28, 2013, ITB#2013-25 was released requesting written proposals from interested vendors for the provision of providing widening and resurfacing of Spring Creek Highway. The improvements consisted of widening and resurfacing as well as striping. Peavy and Sons was the low bidder and was awarded this contract at the August 19, 2013 BOCC meeting. Upon further review of the project site, it was determined that additional drainage work (removal and replacement of cross drains), and the installation of 0.5” of paved leveling course is needed. In order to keep the project within budget, a reduction from 4’ paved shoulders to 2’ paved shoulders is necessary. Analysis: The cross drains along this segment of road are starting to have joint failure and are in need of removal and replacement. In addition, the existing pavement is in such a poor condition, a leveling course will be beneficial to the longevity of the new pavement and reduce reflective cracking. The reduction of the shoulders to 2’ will still provide a much safer roadway than what currently exists with no shoulders. Budgetary Impact: There will be no budgetary impact to the County. The cost for this change order is a deduction of $39,945.00 from the original contract price of $1,034,015.00.
Request Board Approval of Change Order No. 2 to Peavy and Sons Contract for Additional Drainage Work, Leveling Course and Reduced Shoulder Paving Width on Spring Creek Hwy October 21, 2013 Page 2 Options: 1. Approve Change Order No.2 to Peavy and Sons Contract for Additional Drainage Work,
Leveling Course and Reduced Shoulder Paving Width on Spring Creek Hwy. 2. Do not approve Change Order No.2 to Peavy and Sons Contract for Additional Drainage
Work, Leveling Course and Reduced Shoulder Paving Width on Spring Creek Hwy. 3. Board Direction. Recommendation: Option #1 Attachment(s): 1. Change Order No. 2
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 10 , 2013 To: Honorable Chairman and Members of the Board
From: David Moody, Tourist Development Council Chairman
Subject: Request for Board Approval of the 2014-15 Coastal Partnership Initiative
Grant Application Statement of Issue: This agenda item requests Board approval of the 2014-15 Florida Coastal Management Program (FCMP) Coastal Partnership Initiative Grant Application to be submitted by the County on behalf of the Tourist Development Council on November 5, 2013. Background: The FCMP Coastal Partnership Initiative has announced the opening of the 2014-15 grant application cycle. The grant application deadline is 4:00 p.m. November 5, 2013. This program provides funding to coastal counties to inspire community action and promote the protection and effective management of Florida coastal resources in four specific categories. One of the categories, “Working Waterfronts”, is designed to assist Waterfronts Florida Partnership communities in their waterfront revitalization efforts. Funding is available as reimbursement grants up to a maximum of $15,000 for planning, design, and coordination projects. Recipients are required to provide 100 percent matching contributions (cash or in-kind) in the form of goods and services that directly benefit the specific grant project. The Wakulla County Tourist Development Council is requesting approval to submit a grant application for funding up to $15,000 for the planning, and establishment of a mobile application for the paddling/fishing trail connecting the Waterfronts Florida Communities of St. Marks and Panacea. Analysis: During the Tourist Development Council’s Strategic Plan Development, priority action items were identified to develop tours & itineraries to attract target audiences as well as gaining more exposures in our promotional activities for fishing. In addition, the St. Marks Waterfronts Florida Partnership and the Panacea Waterfronts Florida Partnership have been working together on ideas to promote both of these communities – especially in the areas of paddling and fishing opportunities.
Agenda Request: Request for Board Approval of the 2014-15 Coastal Partnership Initiative Grant Application October 21, 2013 Page 2
Recently, the TDC was approached by members of these community organizations to help with these efforts by working on the establishment of a “Blueway” that connects the two communities. The 100% match requirement will be met with a combination of cash from the TDC budget and/or in-kind hours for volunteers from the TDC, the St. Marks Waterfronts Florida Partnership, and the Panacea Waterfronts Florida Partnership. Both Panacea and St. Marks are Waterfronts Florida Partnership communities, and both of the vision plans for these communities include the development of their community as nature- and heritage-based tourism destinations. This will make the proposed application very competitive in the “Working Waterfronts” category. A draft application with specific scope of work and budget is not available for this agenda item. However, volunteers from Panacea and St. Marks will be working with the TDC to outline the specific scope of work and budget for this project.
Options: 1. Approve the submission of the 2014-15 FCMP Coastal Partnership Initiative Grant
application and authorize the Chairman to sign the application prior to the November 5, 2013 deadline.
2. Do not approve the submission of the 2014-15 FCMP Coastal Partnership Initiative Grant application and authorize the Chairman to sign the application prior to the November 5, 2013 deadline.
3. Board Direction. Recommendation: Option 1.
1. FCMP Coastal Partnership Initiative Grant Guidelines Attachment(s)
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 8, 2012 To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator
Jessica Welch, Communications and Public Services Director Katie Taff, Administrative Coordinator
Subject: Request Board Approval of a Proclamation Declaring November 2013 as
National Home Care Month in Wakulla County Statement of Issue: This agenda item requests Board approval of a proclamation declaring November 2013 as National Home Care Month in Wakulla County. Background: Home care services provide high quality care and compassion health care services to those in need, especially at times of community or personal health care crisis. Home care is the most preferred method of health care delivery among disabled, elderly, and chronically ill individuals eager to live independently in their own homes as long as they possibly can. Analysis: NHC Home Care, the National Association for Home Care and Hospice, and thousands of home care and hospice agencies across the United States have declared the month of November 2013 as National Home Care Month and through this request are hoping to gain the Boards approval to declare November 2103 as National home Care month in Wakulla County. Budgetary Impact: None Options: 1. Approve the Proclamation declaring November 2013 as National Home Care Month in
Wakulla County. 2. Do not approve the Proclamation declaring November 2013 as National Home Care Month
in Wakulla County. 3. Board Direction.
Agenda Request: Request Board Approval of a Proclamation Declaring November 2013 as Alzheimer’s Awareness Month in Wakulla County October 21, 2013 Page 2
WAKULLA COUNTY PROCLAMATION DECLARING NOVEMBER 2013 AS NATIONAL HOME CARE MONTH
WHEREAS, home care services provide high quality care and compassion health care services to those in need, especially at times of community or personal health care crisis, WHEREAS, home care is the most preferred method of health care delivery among disabled, elderly, and chronically ill individuals eager to live independently in their own homes as long as they possibly can; WHEREAS, home care services allow families to stay together, and provide for greater health, dignity and comfort in our communities; and WHEREAS, home care in the United States is growing alternative to hospitalization or other institution-based forms of health care for acute, chronic and terminal illnesses, providing care to millions of Americans each year; and WHEREAS, thousands of everyday heroes such as home care nurses, therapists, and aides work tirelessly to provide professional health care and support to millions of Americans in need of quality health services; and WHEREAS, these dedicated home care professionals and volunteers form a support network that continues to play a vital role in health care and support to millions of Americans in need of quality health services; and WHEREAS, NHC HomeCare, the National Association for Home Care and Hospice, and thousands of home care and hospice agencies across the United States have declared the month of November 2013 as National Home Care Month and are calling on all Americans to observe these occasions with appropriate ceremonies and activities. NOW, THEREFORE, be it resolved that I, __________________________ and the County of Wakulla hereby proclaim the month of November 2013, as
NATIONAL HOME CARE MONTH in Wakulla County and encourage the support and participation of all citizens in learning more about the home care and hospice concepts of care for the elderly, disabled, and infirm. IN TESTIMONY WHEREOF, the County Commissioner has hereunto subscribed his name this _________ day of _______________________, 2013.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
____________ _______________________ Randy Merritt, Chairman
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: September 17, 2012 To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator
Jessica Welch, Communications and Public Services Director Katie Taff, Administrative Coordinator
Subject: Request Board Approval of a Proclamation Declaring November 2013 as
National Big Bend Hospice Month in Wakulla County Statement of Issue: This agenda item requests Board approval of a proclamation declaring November 2013 as National Big Bend Hospice Month in Wakulla County. Background: Big Bend Hospice, Inc. was first envisioned by local volunteers as a way to help those in the Big Bend area of Leon, Jefferson, Madison, Taylor, Wakulla, Franklin, Liberty and Gadsden counties to provide compassionate care to individuals with a life-limiting illness and comfort to their families and emotional support to anyone who has lost a loved one. Big Bend Hospice, Inc., was founded as a community-based not-for-profit organization and is honored to have more than 450 volunteers providing in excess of 20,000 hours of service to patients and families. Big Bend Hospice, Inc. marks its 30th anniversary this month, celebrating the delivery of 12,177 patient care days and support and bringing comfort and compassion to more than 1,654 patients during the past year. Analysis: Big Bend Hospice, Inc. joins all hospices in our nation to raise awareness of the availability of hospice care during November, which is National Hospice Month, and to enhance public understanding of hospice care. Therefore, it is requested that the Board support our community and proclaim November as National Big Bend Hospice Month. Budgetary Impact: None Options:
1. Approve the Proclamation declaring November 2013 as National Big Bend Hospice Month
Agenda Request: Request Board Approval of a Proclamation Declaring November 2013 as National Big Bend Hospice Month in Wakulla County October 21, 2012 Page 2
in Wakulla County. 2. Do not approve the Proclamation declaring November 2013 as National Big Bend Hospice
WAKULLA COUNTY PROCLAMATION DECLARING NOVEMBER 2013 NATIONAL BIG BEND HOSPICE MONTH
WHEREAS, in Big Bend Hospice, Inc. was first envisioned by local volunteers as a way to help those in the Big Bend area of Leon, Jefferson, Madison, Taylor, Wakulla, Franklin, Liberty and Gadsden counties to provide compassionate care to individuals with a life-limiting illness and comfort to their families and emotional support to anyone who has lost a loved one; and WHEREAS, those volunteers developed an organization based on Dame Cicely Sanders vision of palliative care that she founded at St Christopher’s in London in 1967 and focused on a hometown foundation for delivery of services; and WHEREAS, in 1981 those volunteers took steps that led to the formation and incorporation of Big Bend Hospice, Inc. in October, 1983; and WHEREAS, Big Bend Hospice, Inc. marks its 30th anniversary this month, celebrating the delivery of 12,177 patient care days and support and bringing comfort and compassion to more than 1,654 patients during the past year; and WHEREAS, Big Bend Hospice, Inc., founded as a community-based not-for-profit organization is honored to have more than 450 volunteers providing in excess of 20,000 hours of service to patients and families; and WHEREAS, Big Bend Hospice, Inc. provides its patients and families with a unique interdisciplinary team of experienced professionals including nurses, family support counselors, certified music therapists, home health aides, bereavement counselors, trained volunteers and spiritual support working under the direction of our medical director and associate medical directors in each county to meet the needs of patients, families and communities; and WHEREAS, Big Bend Hospice, Inc. joins all hospices in our nation to raise awareness of the availability of hospice care during November, which is National Hospice Month, and to enhance public understanding of hospice care. In the words of Archbishop Desmond Tutu, “Life has a beginning and a natural life should then have a proper end…. You know I think people make a mistake in thinking that the hospice movement is about dying. It is about living. It is about ensuring that, one, the patient is as comfortable as possible. But, it also is concerned about those who are left behind…. I’m very passionate in wanting to support this movement that says ‘we want to see people leave life with dignity, peacefully, and with as much comfort as can be provided.” NOW THEREFORE BE IT PROCLAIMED that the month of November 2013 be known as National Big Bend Hospice Month in honor of the organization’s 30th birthday and all citizens are urged to support the provision of hospice care and services in our community to bring compassionate care to those facing life-limiting illness, comfort to their families and emotional support to anyone who has lost a loved one. PASSED AND ADOPTED by the Board of County Commissioners of Wakulla County, Florida, the _____ day of October, 2013.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA
______________________________________ RANDY MERRITT, Chairman
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 8, 2012 To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator
Jessica Welch, Communications and Public Services Director Katie Taff, Administrative Coordinator
Subject: Request Board Approval of a Proclamation Declaring November 2013 as
Alzheimer’s Awareness Month in Wakulla County Statement of Issue: This agenda item requests Board approval of a proclamation declaring November 2013 as Alzheimer’s Awareness Month in Wakulla County. Background: The Alzheimer’s Project Wakulla Respite Program first started in June, 2009 to provide care for Alzheimer’s patients and their caregivers at the Lake Ellen Baptist Church in Medart with the mission of providing comfort, support, and assistance to persons with memory disorders and their caregivers in the Wakulla County area. The Alzheimer’s Project Wakulla Respite provides services to the clients and caregivers FREE of charge with the goal of keeping caregivers healthier, both physically and emotionally, to prolong the abilities of caregivers, and to delay institutionalization of the patients. Analysis: The Wakulla Respite Program meets weekly on Mondays under the leadership of Pat Ashley and Mary McMahan providing care for up to 14 patients each week. The program also provides safe and secure professional care each Monday for Alzheimer’s patients with crafts, exercise, gardening, pet therapy and recreational activities along with providing caregivers a break from their 24/7 care of their loved ones to shop, go to doctor’s appointments, or just take some time for themselves. The Alzheimer’s Project Wakulla Respite program has over professionally trained 50 volunteers who sit one-on-one with the patients and assist them during the Monday program,
Agenda Request: Request Board Approval of a Proclamation Declaring November 2013 as Alzheimer’s Awareness Month in Wakulla County October 21, 2013 Page 2
as well as a registered nurse and CNA on location each week. Therefore, it is requested that the Board support our community and proclaim November 2013 as Alzheimer’s Awareness month in Wakulla County. Budgetary Impact: None Options: 1. Approve the Proclamation declaring November 2013 as Alzheimer’s Awareness Month in
Wakulla County. 2. Do not approve the Proclamation declaring November 2013 as Alzheimer’s Awareness
WAKULLA COUNTY PROCLAMATION DECLARING NOVEMBER 2013 ALZHEIMER’S AWARENESS MONTH
WHEREAS, in Alzheimer’s Project Wakulla Respite Program was first begun in June, 2009 to provide care for Alzheimer’s patients and their caregivers at the Lake Ellen Baptist Church in Medart with the mission of providing comfort, support, and assistance to persons with memory disorders and their caregivers in the Wakulla County area. WHEREAS, in Alzheimer’s Project Wakulla Respite Program is a non-profit organization funded by grants and private donations WHEREAS, in Alzheimer’s Project Wakulla Respite provides services to the clients and caregivers FREE of charge with the goal of keeping caregivers healthier, both physically and emotionally, to prolong the abilities of caregivers, and to delay institutionalization of the patients. WHEREAS, Pastor Keith Wallace and the congregation of Lake Ellen Baptist Church have provided meeting space and financial support for the Monday Respite Program. WHEREAS, the Wakulla Respite Program meets weekly on Mondays under the leadership of Pat Ashley and Mary McMahan providing care for up to 14 patients each week. WHEREAS, the Wakulla Respite program provides safe and secure professional care each Monday for Alzheimer’s patients with crafts, exercise, gardening, pet therapy and recreational activities and allows caregivers a break from their 24/7 care of their loved ones to shop, go to doctor’s appointments, or just take some time for themselves. WHEREAS, Alzheimer’s Project Wakulla Respite program has over professionally trained 50 volunteers who sit one-on-one with the patients and assist them during the Monday program, as well as a registered nurse and CNA on location each week. WHEREAS, Alzheimer’s Project Wakulla Respite program provides meals for patients and volunteers each Monday provided by Wakulla area restaurants, organizations, and churches. WHEREAS, Alzheimer’s Project provides Caregiver Support meetings are currently being held at Lake Ellen Baptist Church the first Monday of each month and on the second Saturday of each month at Myra Jean’s restaurant. WHEREAS, the Wakulla Respite Program holds an annual County Health Fair each October with many local organizations providing information and resources available in Wakulla County for those with health related problems. WHEREAS, Alzheimer’s Project will have an annual Forget Me Not Walk for Alzheimer’s and other Dementia related diagnosis will be held at Lake Ella in Tallahassee on November 4th, 2013. NOW THEREFORE BE IT PROCLAIMED that the month of November 2013 be known as Alzheimer’s Awareness Month and proclaim support and recognition to the Alzheimer’s Project Wakulla Respite Program for the invaluable service they provide to our county. PASSED AND ADOPTED by the Board of County Commissioners of Wakulla County, Florida, this _____ day of October, 2013.
BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA ___________________________________________ RANDY MERRITT, Chairman
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: September 25, 2013 To: Honorable Chairman and Members of the Board
From: David E. Edwards, County Administrator
Esrone McDaniels, Assistant Director, Meridian Community Services Group
Subject: Request Board Approval of an Amendment to the Wakulla County Housing
Choice Voucher (Section 8) Program’s Administrative Plan to Include a Termination Policy
Statement of Issue: This agenda item requests approval of an amendment to the Wakulla County Housing Choice Voucher (Section 8) Program’s Administrative Plan to include a Termination Policy in the event there is a shortfall of funding. Background: Each Public Housing Authority is required to operate its Housing Choice Voucher (Section 8) Program using two plans: a PHA Plan and an Administrative Plan. The PHA Plan is a requirement under the Public Housing Reform Act of 1998 that articulates the PHA’s mission statement and spells out the agency’s long-term and short-term plans consistent with the mission statement. The Administrative Plan establishes local policies for program administration based on the areas in which it has discretion to establish local policy. The Administrative Plan must be updated any time there is a policy change or required update by HUD. The governing board, which in this case is the Wakulla County BOCC, must formally adopt the Administrative Plan and any revisions. Analysis: At the beginning of the year, Wakulla County had approximately $150,781.00 in PHA-held reserves and HUD-held reserves totaled $55,216.00 for an aggregate amount of $205,997 to be used to assist additional households that qualified for the Section 8 program. Since that time, the County has been successful in adding approximately twenty-six (26) additional families to the program ultimately exhausting the majority of the reserves for the program. Last year at this time, the Wakulla County PHA continued to be in a “ troubled” status. However, staff has worked tirelessly to get the county out of that status and have been successful in doing so.
Agenda Request: Request Board Approval of an Amendment to the Wakulla County Housing Choice Voucher (Section 8) Program’s Administrative Plan to Include a Termination Policy October 21, 2013 Page 2
The County was partly in the troubled status due to HUD’s Section Eight Management Assessment Program (SEMAP) tool which is an evaluation tool used by HUD to monitor compliance with Section 8 provisions and evaluate the effectiveness of the PHA. One provision of the SEMAP revealed that the County was not “ leasing up” – which essentially meant that the County’s reserves were too plentiful and that it needed to add additional families to the program to use up some of those PHA-held reserves. Failure to use the reserves results in HUD scaling back on future allocations – forcing the PHA to use its reserves. In haste to use the reserves in response to HUD’s concerns, more families were added to the program resulting in reserves being depleted. The County is now working with HUD to ensure that there is enough funding to last through the end of the year. The County has also submitted an application to HUD to receive “shortfall” funding to ensure that we have adequate funding. Failure to secure adequate funding may result in families being terminated from the program. In reviewing the existing Administrative Plan, it was noted that the PHA had not incorporated a termination policy that addressed issues of shortfall funding. This action comes before the BOCC to amend the Administrative Plan to include a process for terminating vouchers in the event there is a shortfall or the program is not funded at regular levels. This is a requirement for all Administrative Plans. Staff believes that shortfall funding will be secured and that there will be no effort to terminate families from the program immediately. Budgetary Impact: Section 8 reserves at the County level have been depleted. However, no additional funds are being requested from the County to support this program. Options: 1. Approve the amendment to the Wakulla County Housing Choice Voucher (Section 8) Program’s
Administrative Plan to Include a Termination Policy. 2. Do not approve the amendment to the Wakulla County Housing Choice Voucher (Section 8)
Program’s Administrative Plan to Include a Termination Policy. 3. Board Direction.
Option #1 Recommendation:
Attachment(s):
1. Amended PHA Administrative Plan
Agenda Request: Request Board Approval of an Amendment to the Wakulla County Housing Choice Voucher (Section 8) Program’s Administrative Plan to Include a Termination Policy October 21, 2013 Page 3
Wakulla County Housing Department
ADMINISTRATIVE PLAN FOR THE
HOUSING CHOICE VOUCHER PROGRAM
Amended and Approved: __________________________________________________
Board of Commissioners Approval Date
Implementation Date
Chapters Updated
December
Wakulla County
BOARD OF COMMISSIONERS
Randy Merritt, Chairman District 2
Ralph Thomas, District 1
Howard Kessler, District 3
Jerry Moore, District 4
Richard Harden, District 5
Table of Contents
CHAPTER 1: STATEMENT OF POLICIES AND OBJECTIVE ..................................................... 1
1.0 INTRODUCTION .................................................................................................................................................. 2 1.1 MISSION 2 1.2 PURPOSE OF THE PLAN .................................................................................................................................. 2 1.3 FAIR HOUSING AND REASONABLE ACCOMMODATION POLICIES ............................................................. 3 1.4 PRIVACY RIGHTS ............................................................................................................................................... 4 1.5 STATEMENT OF LOCAL OBJECTIVES.............................................................................................................. 4 1.6 RULES AND REGULATIONS ............................................................................................................................. 4
CHAPTER 2: ABOUT THE AUTHORITY .................................................................................... 5
2.2 ORGANIZATIONAL STRUCTURE ........................................................................................................................ 8 2.3 LEGAL JURISDICTION .......................................................................................................................................... 9 2.4 RECORDS RETENTION ........................................................................................................................................ 9 2.5 IMPROVING ACCESS TO SERVICES FOR PERSON WITH LIMITED ENGLISH PROFICIENCY.................... 9
CHAPTER 4: ELIGIBILITY FOR ADMISSION .......................................................................... 14
4.0 OVERVIEW ......................................................................................................................................................... 15 4.1 INCOME LIMITATIONS ....................................................................................................................................... 15 4.2 FAMILY COMPOSITION ..................................................................................................................................... 15 4.3 MANDATORY SOCIAL SECURITY NUMBERS ................................................................................................18 4.4 CITIZEN/ELIGIBLE IMMIGRANT STATUS ......................................................................................................... 18 4.5 OTHER CRITERIA FOR ADMISSION ................................................................................................................ 18 4.6 SUITABILITY OF FAMILY ................................................................................................................................... 19 4.7 CHANGES, W HICH OCCUR BETWEEN FINAL ELIGIBILITY DETERMINATION AND EXECUTED
CONTRACT DATE .............................................................................................................................................. 20
CHAPTER 5: APPLYING FOR ADMISSION............................................................................. 21
5.0 HOW TO APPLY ................................................................................................................................................. 22 5.1 OPENING/CLOSING OF PRE-APPLICATION WAITING LIST .......................................................................... 22 5.2 PRE-APPLICATION PROCEDURES .................................................................................................................. 24 5.3 NOTIFICATION OF FAMILY STATUS ................................................................................................................ 24 5.4 COMPLETION OF FULL APPLICATION ............................................................................................................ 25 5.5 FINAL DETERMINATION AND NOTIFICATION OF ELIGIBILITY ..................................................................... 25 5.6 PREFERENCE DENIAL ...................................................................................................................................... 26
CHAPTER 6: ESTABLISHING PREFERENCES AND M AINTAINING THE WAITING LIST ... 27
6.0 APPLICATION POOL .......................................................................................................................................... 28 6.1 WAITING LIST PREFERENCES......................................................................................................................... 28 6.2 PREFERENCE ELIGIBILITY ............................................................................................................................... 29
PREFERENCE CODES CHART......................................................................................................................... 30 6.3 ORDER OF SELECTION .................................................................................................................................... 31 6.4 REOPENING OF THE WAITING LIST FOR PREFERENCES ........................................................................... 31 6.5 MAINTAINING THE WAITING LIST .................................................................................................................... 31 6.6 UPDATING THE WAITING LIST ......................................................................................................................... 31 6.7 FINALIZING APPLICANT DETERMINATION ..................................................................................................... 32
CHAPTER 7: SUBSIDY STANDARDS FAMILY BEDROOM ALLOCATION ............................ 33
7.0 HOUSING CHOICE VOUCHER SIZE ISSUED .................................................................................................. 34 7.1 CHANGES IN THE HOUSING CHOICE VOUCHER SIZE ................................................................................. 35
CHAPTER 8:INCOME CONSIDERATIONS AND DETERMINATION OF TOTAL TENANT PAYMENT .................................................................................................................................... 37
8.0 GENERAL POLICY ............................................................................................................................................. 38 8.1 SPECIAL FAMILY CIRCUMSTANCES ............................................................................................................... 38 8.2 AVERAGING INCOME ........................................................................................................................................ 42 8.3 MINIMUM INCOME ............................................................................................................................................. 43 8.4 TEMPORARILY ABSENT FAMILY MEMBERS’ INCOME .................................................................................. 43 8.5 INCOME OF PERSON PERMANENTLY CONFINED TO A NURSING HOME ................................................. 43 8.6 REGULAR CONTRIBUTIONS AND GIFTS; RECURRING CONTRIBUTIONS AND GIFTS..................................... 44 8.7 ALIMONY AND CHILD SUPPORT...................................................................................................................... 44 8.8 CONTRIBUTIONS TO RETIREMENT FUNDS ................................................................................................... 46 8.9 GRANTS AND SCHOLARSHIPS ........................................................................................................................ 46 8.10 ASSETS DISPOSAL FOR LESS THAN FAIR MARKET VALUE ........................................................................ 46 8.11 CHILD CARE EXPENSES................................................................................................................................... 46 8.12 MEDICAL EXPENSES ........................................................................................................................................ 47 8.13 REDUCTION IN BENEFITS ................................................................................................................................ 47 8.14 GENERAL ASSISTANCE.................................................................................................................................... 47 8.15 INCOME FROM WORKING STUDENTS ............................................................................................................ 47 8.16 MINIMUM FAMILY CONTRIBUTION TO RENT ................................................................................................. 48
9.0 OVERVIEW ......................................................................................................................................................... 50 9.1 METHODS OF VERIFICATION........................................................................................................................... 50 9.2 RELEASE OF INFORMATION ............................................................................................................................ 52 9.3 COMPUTER VERIFICATION .............................................................................................................................. 53 9.4 ITEMS TO BE VERIFIED .................................................................................................................................... 53 9.5 MINIMUM INCOME ............................................................................................................................................. 53 9.6 ACCEPTABLE FORMS OF VERIFICATION....................................................................................................... 54 9.7 VERIFYING FACTORS OF ELIGIBILITY ............................................................................................................ 59
CHAPTER 10: BRIEFING OF FAMILIES AND ISSUANCE OF HOUSING CHOICE VOUCHERS………………………………………………...………………………………………….65
17.0 REQUIRED CHANGES TO REPORT IN WRITING............................................................................................ 96 17.1 FORMS USED FOR RENT CHANGES .............................................................................................................. 97 17.2 TIMELY REPORTING ......................................................................................................................................... 97
18.0 OVERVIEW ....................................................................................................................................................... 101 18.1 EMERGENCY REPAIR ITEMS ......................................................................................................................... 101 18.2 ABATEMENT/HAP CONTRACT SUSPENSION............................................................................................... 101 18.3 HOUSING ASSISTANCE PAYMENT CONTRACT TERMINATION ................................................................. 101 18.4 RESPONSIBILITY OF THE FAMILY TO ALLOW INSPECTION ...................................................................... 101
CHAPTER 19: TERMINATION AND FAMILY MOVES ................................................................. 102
19.0 TERMINATION OF RENTAL AGREEMENT BY THE FAMILY ......................................................................... 103 19.1 EVICTIONS ....................................................................................................................................................... 103 19.2 HAP TERMINATION WHEN RENTAL AGREEMENT TERMINATES............................................................... 104 19.3 TERMINATION OF CONTRACT BY WCHA...................................................................................................... 104 19.4 UNIT TRANSFERS............................................................................................................................................ 104 19.5 HOUSING CHOICE VOUCHER ISSUANCE DETERMINATION FOR SPLIT HOUSEHOLDS........................ 105 19.6 REMAINING MEMBER OF THE TENANT FAMILY…………………………………………………..................... 105 19.7 FAMILY MISREPRESENTATION...................................................................................................................... 106 19.8 OW NER MISREPRESENTATION…….............................................................................................................. 106 19.9 CHANGE IN OWNERSHIP................................................................................................................................ 106 19.10 HOUSING CHOICE VOUCHER ISSUANCE PENDING................................................................................... 107
CHAPTER 20: DENIAL OR TERMINATION OF ASSISTANCE ................................................... 108
20.0 OVERVIEW ....................................................................................................................................................... 109 20.1 FAMILY OBLIGATIONS AND RESPONSIBILITIES.......................................................................................... 110 20.2 $0 ASSISTANCE TENANTS ............................................................................................................................. 113
20.3 TERMNATION OF VOUCHERS DUE TO LACK OF FUNDING……………………………………………1142 0.3 TERMINATION FOR LACK OF FUNDING………………………………………………………………………….
CHAPTER 29: PROGRAM INTEGRITY......................................................................................... 159
29.0 PROGRAM ABUSE AND FRAUD .................................................................................................................... 160 29.1 PROGRAM ABUSE BY OWNERS ................................................................................................................... 164
CHAPTER 30: VIOLENCE AGAINST WOMEN ACT (VAWA)...................................................... 166
30.0 OVERVIEW …………………………........................................................................................................................167 30.1 PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE AND STALKING [Pub. L. 109-162]……………………………………….…………………………......167 30.2 IMPLEMENTATION ...............................................................................................................................................168 30.3 TERMINATING THE ASSISTANCE OF DOMESTIC VIOLENCE, DATING VIOLENCE, OR STALKING
VICTIMS AND PERPETRATORS [PUB. L. 109-162, PUB. L. 109-271]................................................................169
GLOSSARY OF ACRONYMS ...........................................................................................................170
GLOSSARY OF TERMS IN SUBSIDIZED HOUSING.........................................................................174
______________________________________________________________________________________________________________ Wakulla County Housing Authority Administrative Plan for the Housing Choice Voucher Program I 1
CHAPTER 1: STATEMENT OF POLICIES AND OBJECTIVES
______________________________________________________________________________________________________________ Wakulla County Housing Authority Administrative Plan for the Housing Choice Voucher Program I 2
Chapter 1. Statement of Policies and Objectives
1.0 Introduction
A The Section 8 Program was enacted as part of the Housing and Community Development
Act of 1974, which recodified the U.S. Housing Act of 1937 (the Act) and included Section 8 as a substitute for the Section 23 Leased Housing Program. The Act has been amended from time to time and its requirements, as they apply to the Section 8 Rental Assistance Program, currently administered as the “Housing Choice Voucher Program” (HCVP) are described and implemented through this Administrative Plan.
B Administration of the Section 8 Rental Assistance Program, and the functions and
responsibilities of the W akulla County Housing Authority’s (W CHA’s) staff, shall be in compliance with W akulla County’s Human Resources Policy, W CHA ’s equal housing opportunity requirements, and HUD’s Section 8 regulations and existing operations/procedures, where applicable, as well as all federal, state and local fair housing laws and regulations.
1.1 Mission
The W CHA’s mission in its jurisdiction is the same as that of the Department of Housing And Urban Development (HUD) to provide safe, decent and sanitary housing conditions for very low-income families and to manage resources efficiently. The W CHA is to promote personal, economic and social upward mobility to provide families the opportunity to make the transition from subsidized to non-subsidized housing. W CHA ’s mission for serving the needs of low-income, very-low-income and extremely low-income families in its jurisdiction is the same as that of the Department of Housing and Urban Development:
1.2 Purpose of the Plan
The purpose of this Administrative Plan is to describe the policies for which Wakulla County Housing (W CHA) has discretion in the operation of its Section 8 Housing Choice Voucher (hereafter referred to as voucher or HCV Program) Program. W hile the program is operated in strict accordance with Federal regulations, the plan is not intended to restate HUD-mandated policies and procedures. To the extent that anything in this plan contradicts Federal law or regulations currently existing or hereafter amended from time to time, the Federal law or regulation shall take precedence.
The goal of the plan is to provide an overview of W akulla County Housing’s policies. W akulla County Housing does not discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age, physical or mental disability, or familial status in the admission to its programs and/or activities. W CHA will provide appropriate communication auxiliary aids and services upon sufficient notice. WCHA will also provide this document in alternative formats upon sufficient notice.
A The overall plan for the Housing Choice Voucher Program (HCVP) is designed to achieve
five major objectives:
1. To provide improved living conditions for very-low-income families while maintaining their rent payments at an affordable level;
2. To promote freedom of housing choice and spatial deconcentration of very-low-
income and minority families;
3. To provide decent, safe and sanitary housing for eligible participants;
______________________________________________________________________________________________________________ Wakulla County Housing Authority Administrative Plan for the Housing Choice Voucher Program I 3
4. To provide an incentive to private property owners to rent to very-low-income families
by offering timely assistance payments; and
5. To provide guidance in the administration of the HCVP in compliance with HUD requirements, including maintaining well-organized and comprehensive records and facilitating HUD’s monitoring and review of W CHA ’s operation.
B The purpose of the Administrative Plan is to establish policies for carrying out the local
HCVP in a manner, which is consistent with HUD requirements, however are not a mere restatement of HUD-mandated policies and procedures.
C The Administrative Plan covers both admission and continued participation in HCVPs. Policies are the same for all HCVPs, unless otherwise noted.
D Changes to the Plan are approved by the W akulla County Board of County Commissioners E WCHA is responsible for complying with all subsequent changes in HUD regulations
pertaining to these HCVPs. If such changes conflict with this Plan, HUD regulations will have precedence.
1.3 Fair Housing and Reasonable Accommodation Policies
Fair Housing Policy:
A In the administration of this program, W CHA will comply with, and will require its Agents
and owners to comply with, all applicable nondiscrimination and equal opportunity laws. It is the policy of W CHA to comply fully with all federal, state, and local nondiscrimination laws and in accordance with the rules and regulations governing fair housing and equal opportunity in housing and employment.
B Specifically, W CHA shall not deny any family or individual the opportunity to apply for or
receive assistance under HUD’s HCVP on account of race, color, sex, religion, creed, national or ethnic origin, age, family or marital status or disability.
C To further its commitment to full compliance with applicable civil rights laws, W CHA will
provide federal/state/local information to HCVP participants and applicants regarding “discrimination” and any recourse available to them should they feel they have been the victim of discrimination. 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 briefing packet.
Reasonable Accommodation Policy:
A WCHA is committed to a Reasonable Accommodation Policy. The purpose is to comply
with and implement pertinent laws and regulations, which provide for non-discrimination and accessibility in federally funded housing and non-housing programs for people with disabilities.
B W here there is a conflict between statutory and regulatory provisions applicable to people
with disabilities, the most stringent provisions shall apply, and this shall include any state or local laws/regulations/codes, which may be more stringent than federal requirements.
C W CHA and those who provide housing and receive federal financial assistance through
WCHA shall make reasonable adjustments to their rules, policies, practices and procedures in order to enable an applicant or participant with a disability to have an equal opportunity to use and enjoy their assisted dwelling, the common areas of a dwelling or to participate in or access other activities conducted/sponsored by W CHA or the recipient of federal financial assistance. If providing an accommodation would result in a fundamental alteration in the nature of a HCVP or an undue financial or administrative burden, then WCHA need not provide that accommodation.
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D Housing posters and information, which are easily readable from a wheelchair, are provided in locations throughout W CHA ’s office. Except as otherwise provided, no qualified individual with a disability shall be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any HCVP or activity that receives federal financial assistance, because WCHA ’s facilities are inaccessible to or unusable by persons with disabilities.
E WCHA ’s central office is accessible to persons with disabilities. Accessibility for
the hearing impaired is provided by a TDD/TTY telephone service.
F WCHA will maintain lists of available housing submitted by owners in all neighborhoods within W CHA ’s jurisdiction to ensure “greater mobility and housing choice” to very-low- income households served by this agency. The lists will be provided at the front desk, for families who call in and request it, and at briefings.
G For portability families, the referral list will be provided to them after the agency staff has
verified with the Initial Housing Authority that they hold a valid Housing Choice Voucher.
H W CHA will review and update its equal housing opportunity requirements to ensure that these objectives are being met.
1.4 Privacy Rights
A Families will be required to sign the Federal Privacy Act Statement and HUD
Authorization for Release of Information, Form 9886, which states under what conditions HUD will release tenant and owner information.
B WCHA ’s policy regarding release of information is in accordance with these documents.
C Requests for information must be accompanied by a written release request in order for
WCHA to release any information involving an applicant or participant, unless disclosure is authorized under federal or state law.
1.5 Statement of Local Objectives
A There is a critical need for very-low-income housing assistance within the jurisdiction of
WCHA , as evidenced by Waiting Lists for various HCVPs. W CHA is charged with meeting these needs through HCVPs primarily available from the Department of Housing and Urban Development.
B There is also a need for decent, safe and sanitary housing units available for HCVP
participants. There is not an abundance of affordable housing for very-low-income participants within the jurisdiction without the availability of a Housing Choice Voucher.
C The strategy is to achieve these attainable goals efficiently and economically, while
complying with the HCVP requirements and regulations. Such strategy and goals are enumerated in W CHA’s 5 Year Plan and Annual Action Plan.
1.6 Rules and Regulations
A All issues not addressed in this document related to tenants and HCVP participants are
governed by HUD handbooks, federal regulations, memos and notices, and guidelines or other applicable law.
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CHAPTER 2: ABOUT THE AUTHORITY
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Chapter 2. About the Authority
2.0 Overview
A The intent of this section is to provide the public and staff with information related to
overall operation of the program.
The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant-based assistance – the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit. However, the Voucher program permitted families more options in housing selection. Rental housing still had to meet the basic housing quality standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay more or less than 30 percent of their adjusted income for rent.
In 1998, the Quality Housing and W ork Responsibility Act (QHW RA) – also known as the Public Housing Reform Act -was signed into law. QHWRA eliminated all statutory differences between the Certificate and Voucher tenant-based programs and required that the two programs be merged into a single tenant-based assistance program, now known as the Housing Choice Voucher (HCV) program.
The purpose of the HCV program is to provide rental assistance to eligible families. The rules and regulations of the HCV program are determined by the U.S. Department of Housing and Urban Development. The PHA is afforded choices in the operation of the program which are included in the PHA’s administrative plan, a document approved by the board of commissioners of the PHA.
The HCV program offers mobility to eligible families because they may search for suitable housing anywhere in the PHA’s jurisdiction and may also be eligible to move under portability to other PHAs’ jurisdictions.
When a family is determined to be eligible for the program and funding is available, the PHA issues the family a housing voucher. W hen the family finds a suitable housing unit and funding is available, the PHA will enter into a contract with the owner and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent. Even though the family is determined to be eligible for the program, the owner has the responsibility of approving the family as a suitable renter. The PHA continues to make payments to the owner as long as the family is eligible and the housing unit continues to qualify under the program. To administer the HCV program, the PHA enters into a contractual relationship with HUD under an Annual Contribution Contract. The W CHA also enters into contractual relationships with the assisted family and the owner or property manager of the housing unit. For the HCV program to work and be successful, all parties involved – HUD, the PHA, the owner, and the family – have important roles to play. The roles and responsibilities of all parties are defined in federal regulations and in legal documents that parties execute to participate in the program.
The chart on the next page illustrates key aspects of these relationships.
B On March 7, 2011, the Board of County Commissioners for W CHA approved Meridian Community Services Group Inc. to administer the HCV program for the County.
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2.1 HCV PARTNERSHIP
Congress Appropriates
Funding
HUD Provides Funding to WCHA
Note: Program Regulations and Annual Contribution Contract (ACC) specifies the
WCHA Obligations and Voucher Funding
WCHA
Administers Program
Voucher specifies Family Obligations
Housing Assistance Payments (HAP) Contract specifies Owner and WCHA
Obligations
Lease specifies tenant and owner obligations
Family Owner/
(Program Participant) Lease Property Manager
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2.2 Organizational Structure
Wakulla County Board of County Commissioners ♦ Determines agency policies ♦ Monitors operations ♦ Promotes increased community understanding of housing programs
Wakulla County Planning and Community Development Office Planning and Community Director ♦ Oversees operation of Section 8 Department ♦ Acts as liaison to provide information to landlords/tenants when managing the
Section 8 program ♦ Responds to and assists in resolving difficult issues pertaining to applicants,
residents and citizens inquiries and complaints
Meridian Community Services Group, Inc. Housing Choice Voucher Management and Oversight of Services- Administers the Section 8 Program Housing Director ♦ Responsible for tenant based Section 8 program activities including eligibility,
compliance, utilization and tenant-landlord relations ♦ Coordinates and reviews the work of assigned staff ♦ Oversees program eligibility operations and processes ♦ Calculates tenant rent ♦ Orientation of Section 8 tenants ♦ Responsible for Incoming/Outgoing Portability Housing and HUD Technical Advisor ♦ Interprets and reviews principles, practices, rules and regulations governing the
Housing Authority according to Federal, State and local policies ♦ Ensures all services comply with Housing Authority mandated rules, regulations,
policies, procedures and requirements ♦ Interprets and explains HUD regulations and Housing Authority policies and
procedures pertaining to occupancy and eligibility Housing Inspector ♦ Performs Housing Quality Standard inspections ♦ Provide input on suitable housing quality standards that meet HUD requirements ♦ Responsible for Rent Reasonableness certification and documentation on case by
case basis ♦ Performs move-out inspections for damage claim purposes when required Administrative Assistant ♦ Provides administrative support to the Section 8 Department ♦ Prepares documents ♦ Maintains files ♦ Monitors waiting list ♦ Provides information to program participants and clients as requested ♦ Assist with briefings and re-certification meetings ♦ Provides back up on all aspects of eligibility and occupancy functions
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2.3 Legal Jurisdiction
A The jurisdiction of W CHA includes all of the geographic areas of W akulla County.
2.4 Records Retention
A WCHA will retain all tenant and owner-related records and files in accordance with HUD and Federal Regulations, or five (5) years, whichever is longer.
2.5 Improving Access to services for Person with Limited English
Proficiency
Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by the HCV program. In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally-assisted programs and activities may violate the prohibition under Title VI against discrimination on the basis of national origin. This part incorporates the Notice of Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Affecting Limited English Proficient Persons, published December 19, 2003 in the Federal Register.
The PHA will take affirmative steps to communicate with people who need services or information in a language other than English. These persons will be referred to as Persons with Limited English Proficiency (LEP).
LEP is defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this administrative plan, LEP persons are HCV applicants and participants, and parents and family members of applicants and participants.
In order to determine the level of access needed by LEP persons, the PHA will balance the following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the Housing Choice Voucher program; (2) the frequency with which LEP persons come into contact with the program; (3) the nature and importance of the program, activity, or service provided by the program to people’s lives; and (4) the resources available to the PHA and costs. Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the PHA.
In order to comply with oral-translation obligations, the WCHA will take the following steps:
• The W CHA will analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. “Reasonable steps” may not be reasonable where the costs imposed substantially exceed the benefits.
• Where feasible, the W CHA will train and hire bilingual staff to be available to act as
interpreters and translators, will pool resources with other PHAs, and will standardize documents. W here feasible and possible, the W CHA will encourage the use of qualified community volunteers.
• Where LEP persons desire, they will be permitted to use, at their own expense, an
interpreter of their own choosing, in place of or as a supplement to the free language
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services offered by the W CHA. The interpreter may be a family member or friend.
In order to comply with written-translation obligations, the W CHA will take the following steps:
• The W CHA will provide written translations of vital documents for each eligible LEP
language group that constitutes 5 percent or 1,000 persons, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered. Translation of other documents, if needed, can be provided orally; or
• If there are fewer than 50 persons in a language group that reaches the 5 percent trigger, the WCHA does not translate vital written materials, but provides written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost.
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CHAPTER 3: OUTREACH PROCEDURES
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Chapter 3: Outreach Procedures
3.0 Family Outreach
A WCHA publicizes and disseminates information, as needed, concerning the availability
and nature of housing assistance for very-low-income families. W hen W CHA ’s HCVP Waiting List indicates a need for additional families, WCHA will make it known to the public through publication in a newspaper of general circulation, minority media, and other suitable means the availability and nature of housing assistance for very-low- income families, unless application-taking has been suspended according to HUD regulations.
B Communities served by W CHA’s HCVP will be notified of the status and need for
additional outreach. This notice must:
1. Advise families that applications will be taken and supply information that includes the date, time, location and any limitations regarding those who may apply;
2. Briefly describe the Housing Choice Voucher Program; and
C To reach persons who do not have access to the newspapers, W CHA will distribute fact
sheets to the broadcasting media. In addition, personal contacts with the news media and with community service personnel, as well as public service announcements, will be made.
3.1 Owner Outreach
A WCHA encourages property owners to participate in the program, especially those
with rental units located outside areas of poverty and minority concentration, to make affordable housing available to eligible families, in accordance with equal housing opportunity requirements. Owner outreach activities include:
1. Distribution of program brochures, handouts, flyers and other printed material are
made available to recruit new owners, property managers, real estate companies and apartment associations by offering information on the advantages of participation in the HCVP
2. W CHA maintains a referral list of rental units available by owners willing to accept
tenants participating in the HCVP. The referral list is updated at least semi-monthly, and is provided at no cost to eligible persons with an active Housing Choice Voucher (HCV).
3. As inquiries and prospective rental unit listings are called in, W CHA staff record the
necessary information regarding available units and makes this information available to prospective families at HCV briefing sessions and to other participants who have an active HCV upon request.
4. Rental units placed on the referral list are not pre-approved for the HCVP. W CHA
staff will use discretion in accepting units for the referral list that appear to meet HCVP guidelines. If an WCHA client selects a unit, it will be subject to a rent reasonableness test and must pass a Housing Quality Standards inspection at that time.
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5. W CHA reserves the right to list only units that appear to qualify for the HCVP. If a property is questionable, has a history of failed inspections or excessive rents, an inspection or rent survey may be required before the unit can be listed. Owners who have violated a HCVP requirement may be prohibited from submitting a vacancy listing.
3.2 Disabilities
A In administering the HCVP, W CHA shall:
1. Adopt a suitable means to assure that the notice reaches eligible individuals with
disabilities in providing notice of the availability and nature of housing assistance for low-income families under HCVP requirements;
2. Include encouragement of participation by owners having accessible units in its
activities to encourage participation by owners;
3. Include a current referral listing of available accessible units known to W CHA and, if necessary, otherwise assist the family in locating an available accessible dwelling unit when issuing a HCV to a family, which includes an individual with disabilities;
4. Take into account any special needs of HCV holder’s ability to locate an accessible
unit when considering requests by eligible individuals with disabilities for extensions of their HCV; and
5. Enter into a HUD approved contract with participating owners, which shall include
necessary assurances of non-discrimination.
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CHAPTER 4: ELIGIBILITY FOR ADMISSION
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Chapter 4. Eligibility for Admission
4.0 Overview
A To be eligible for Housing Choice Voucher Program (HCVP) participation, an
applicant must meet HUD’s criteria for eligibility determination, as well as any additional criteria established by W CHA .
B HUD requirements include five factors for eligibility:
1. Income limits
2. Family composition
3. Provision of Social Security number
4. Citizenship/eligible immigrant status
5. Other criteria for admission
C Applicant’s initial eligibility for placement on the W aiting List will be made in
accordance with the following factors and will not be verified until selection from the application waiting list for a Housing Choice Voucher (HCV) is achieved.
4.1 Income Limitations
A Annual Income for admission shall not exceed the very-low-income limits established by
HUD or any other income limits as may be established by HUD. 4.2 Family Composition
A The applicant must qualify as a family. A family consists of one or more persons
living together:
1. Two or more persons sharing a residence whose income and resources are available to meet the family’s need and who are either related by blood, marriage, or have evidenced a stable family relationship for the past twelve months;
2. An elderly family or single person;
3. Disabled family,
4. The remaining member of a tenant family, and;
5. A displaced family.
B A family shall also include two or more persons who are related by blood, adoption
or marriage and a person or persons who regularly resides with them and has done so for more than one-year, and whose income and resources are available for use in meeting the living expenses of the group. Lodgers or visitors may not be included.
C A family shall also include two or more persons with disabilities in cases where
individual circumstances justify reasonable accommodation, as verified in writing by a licensed medical professional or professional directly associated with the case (e.g. caseworker, social worker, independent or supported living agency).
D A family shall also include the remaining member of a tenant family, who is eligible to
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remain in the unit based on family composition and/or bedroom size requirement. If these requirements are not met, the remaining member shall be given 60 days to find a unit of appropriate size.
E A family shall also include a person who is temporarily absent from the family and intends
to return within no more than six months. Family shall also include a member of the U.S. Armed Forces who is absent from the family, regardless of the length of their absence, if they intend to return to and reside with the family and their income and resources are available for use in meeting the living expenses of the family.
F Head of Household:
1. The head of household is the adult member of the household who is designated by
the family as head, is wholly or partly responsible for paying the rent, and has the legal capacity to enter into a rental agreement under state/local law. Emancipated minors who qualify under state law will be recognized as head of household. The head of household can only be changed due to death of head of household, change in marital status or other special circumstance to be determined by W CHA on a case- by-case basis.
H Spouse of Head of Household:
1. Spouse means the husband or wife of the head of household.
2. For proper application of the Non-citizens Rule, the definition of spouse is: the
marriage partner whom, in order to dissolve the relationship, would have to be divorced. It includes the partner in common law marriage. The term “spouse” does not apply to boyfriends, girlfriends, significant others, or co-heads of household.
I Live-In Attendants:
1. A family may include a live-in attendant who meets the following criteria:
a. Provides a written medical statement(s) from a licensed medical professional, as required by W CHA . Such statement(s) allow W CHA to determine requirements essential to the care and well being of the elderly or disabled family member. This medical statement must include the type of care that will be provided, when the care is needed, and the time spent on each duty; and
b. Is not obligated for the support of the elderly or disabled member; and would not be living in the unit except to provide for the care of the elderly or disabled family member; and whose income will not be counted for purposes of determining eligibility or rent; and may not be considered the remaining member of the tenant’s family.
2. This live-in attendant must also submit required identification (e.g. Driver
License/state issued identification card, Social Security card, birth certificate, alien registration card); and must be a legal resident in the U.S.A.
3. At any time, W CHA may refuse to approve a particular person as a live-in-aide, or may withdraw such approval, if the person: a. Commits fraud, bribery or any other corrupt or criminal act in connection with any
federal housing program; b. Commits drug-related criminal activity or violent criminal activity; or c. Currently owes rent or other amounts to W CHA or to another public housing
agency (PHA) in connection with the HCVP or public housing assistance under the 1937 Act.
4. Relatives are not automatically excluded from being care attendants, but must meet the definition described above.
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5. When a live-in attendant is added to the household, W CHA must perform a criminal
history check that includes, a background check for a registered sex offender. W CHA will comply with federal, state, and local requirements concerning sex offender status.
6. Live-in attendant needs to be available according to the type of care and time
specified for each duty on the medical statement.
7. Family members of a live-in attendant may also reside in the unit providing doing so does not increase the subsidy by the cost of an additional bedroom and further provided that the presence of the live-in’s family members do not overcrowd the unit.
8. A request to add a Live-in attendant that results in a change of bedroom size must
include a written statement of a long-term need, from a licensed medical professional. The “long term need” must be at least twelve (12) months. The live-in attendant can be approved to reside in the unit for a shorter period of time if the family does not request a change in bedroom size.
9. Live-in attendants cannot inherit the HCV as the surviving family member, in the
event of the participant’s death. If the voucher holder ends participation in the HCVP, the attendant will not be entitled to a Housing Choice Voucher.
J Multiple Live-In Attendants:
1. A family may have multiple live-in attendants who work separate shifts provided that
doing so does not increase the subsidy by the cost of an additional bedroom.
2. Note Verification procedures in Chapter 9, Verifications.
K Split Households Prior to Housing Choice Voucher Issuance:
1. Applicants who are on WCHA ’s waiting list may have a change in family composition if two parties split up and each wants to retain their status (date/time) on the waiting list.
2. In cases where WCHA must make a determination as to who will retain the Waiting
List position, the Waiting List position may be retained by either of the two new family units if there is mutual consent of the heads of the two new family units or there is a determination by a Court of Law, as to which new family unit is to retain the position on WCHA ’s Waiting List. Otherwise, W CHA will determine, which of the two new family units will continue to retain the place on the Waiting List.
3. In making this decision, WCHA shall consider, which family member has physical
custody of the children. If there are no children in the household and the parties remain eligible and cannot make a decision as to who remains the applicant, W CHA will hold the application for ninety-days pending a decision by the parties. After that time, if there is no decision, the Housing Choice Voucher will be awarded to the person who is listed as head of household on the application.
4. Documentation as to these factors will be the responsibility of the requesting parties.
If documentation is not provided, WCHA reserves the right to make the decision based on who is listed as head of household on the application, as long as the individual qualifies as an eligible family. There may be an exception granted in the case of a battered spouse, with verification of this situation.
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L Multiple Families in the Same Household:
1. It is possible to have what appear to be two families in the same household (such as a mother and father and daughter with her own family). If the family applies as a family unit, they shall be treated as a family unit.
M Joint Custody of Children:
1. When both parents are applying separately for the Housing Choice Voucher Program (HCVP), and both parents are attempting to claim the child, the parent whose address is listed in the school records will be allowed to claim the school-age child as a dependent.
2. Non-school age children who are subject to a joint custody agreement, but live in the
unit at least 51% of the time, will be considered members of the household. The definition of “51% of the time” is 183 days of the year, which do not have to run consecutively.
4.3 Mandatory Social Security Numbers
A Families are required to provide Social Security numbers or employer identification
numbers for all family members age six and over if they have such identification prior to admission. All such members of the family must either:
1. Submit Social Security number documentation; or
2. Sign a certification that they have not been issued a Social Security number. If the
family member is under the age of 18 at the time of admission, his or her parent or guardian can execute the certification. Such certification will be reviewed to determine the legal right to reside, and in determining the family’s rental contribution.
3. Verification methods are described in Chapter 9, Verification Procedures.
4.4 Citizen/Eligible Immigrant Status
A HUD prohibits making financial assistance available to persons other than United States
citizens, nationals, or certain categories of eligible non-citizens in the HCVP administered by W CHA. A family may be eligible despite the ineligibility of one or more family members.
B Effective June 19, 1995, Section 214 of the Housing and Community Development Act of 1980, as amended, was implemented by HUD and will be applied by W CHA in accordance with governing directives and local housing authority policy.
C The family must provide a certification that identifies each family member as a U.S. citizen, a U.S. national, an eligible noncitizen or an ineligible noncitizen and submit the documents discussed below for each family member. Once eligibility to receive assistance has been verified for an individual it need not be collected or verified again during continuously-assisted occupancy. [24 CFR 5.508(g)(5)]
4.5 Other Criteria for Admission
A There are other criteria that must be met in order for an applicant to be determined
eligible for assistance under the Housing Choice Voucher Program (HCVP).
B If the family, as a previous participant in the HCVP, was terminated for receiving benefits, which they were not entitled to receive, the family may be declared ineligible. Families that have committed a willful and intentional misrepresentation will be denied admission.
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C Upon W CHA’s review, an applicant may be allowed to repay amounts owed in full if the
family, as a previous participant in the HCVP, owes money to a PHA for a claim paid to an owner for unpaid rent, damages, vacancy loss or other program violations. At the final eligibility determination, amounts owed to W CHA or other PHA must be repaid as described in Chapter 25, Repayment Agreements.
D An applicant family may be declared ineligible for the HCVP, if any member of the family
has engaged in activities such as drug related activity, or violent criminal activity, as described in Chapter 20 of this Administrative Plan.
E Initial screening of applicants will be comprised of routine inquiries of the family and any
other information provided to W CHA. The inquiries will be standardized and directed to all applicants by inclusion of the inquiry on the application form. If W CHA has reason to believe that the applicant family or any member thereof, has engaged, or is engaging, in drug-related or violent criminal activity, W CHA may conduct a closer inquiry to determine whether the family should be denied admission. Verification of any past activity will be done at the final eligibility and may include a check of court conviction records or other records. W CHA must perform criminal history background checks necessary to determine whether any household member is subject to a lifetime sex offender/registration requirement in Florida and in any other states where the household members are known to have resided.
F WCHA, and those who provide housing and receive federal financial assistance through
WCHA, shall not:
1. Ask if an applicant for a dwelling, has a disability, or if a person intending to reside in a dwelling, or anyone associated with an applicant, or resident, has a disability; or
2. Ask about the nature, or severity, of a disability, of such persons.
G W CHA may verify a person's disability only to the extent necessary, to ensure that
applicants are qualified for the housing for which they are applying; that applicants are qualified for deductions used in determining adjusted income; that applicants are entitled to any preference they may claim; and that applicants who have requested a reasonable accommodation have a need for the requested accommodation. W CHA may require documentation of the manifestation of the disability that causes a need for a specific accommodation or accessible unit.
H W CHA shall not:
1. Ask what the specific disability is; 2. Require applicants to provide access to confidential medical records in order to verify
a disability; or 3. Require specific details as to the disability.
4.6 Suitability of Family
A In issuing HCVP benefits, WCHA may not screen for factors, which relate to the suitability
of the applicant family as tenants. It is the responsibility of the owner to screen HCVP recipients as to suitability and acceptability for tenancy. Such factors include (but are not limited to) history of rental payments to previous owner(s), outstanding debts owed to previous owners, history of damage to rental properties, police record, employment, etc. However, W CHA may take into consideration, before issuing a Housing Choice Voucher (HCV), whether the applicant owes money to W CHA or another housing authority, or should be denied access to the HCVP because of a history of drug or violent criminal activity.
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4.7 Changes, Which Occur Between Final Eligibility Determination and Executed Contract Date
A Changes that occur during the period between final eligibility and the executed contract
date will affect eligibility to lease the unit.
B If an applicant is determined to be over-income at the eligibility interview and subsequently reports a decrease in income, the verification of income information must be presented to W CHA within 60 days of the date that applicant was notified.
C Ineligible families will be given the opportunity to appeal, as outlined in Chapter 23
(Complaints and Appeals), of this Administrative Plan.
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CHAPTER 5: APPLYING FOR ADMISSION
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Chapter 5: Applying for Admission 5.0 How to Apply
A The policy of W CHA is to ensure that applicants are treated in a fair and
consistent manner.
B Pre-applications are taken to compile a waiting list. Due to the demand for housing in WCHA’s jurisdiction, W CHA may take applications on an “open enrollment” basis, depending on the length of the waiting list.
C Families wishing to apply for any of W CHA ’s programs may submit a pre-
application during any period that the waiting list is open.
D The application process will be undertaken in two phases: a preliminary application (referred to as a pre-application) will be taken first. When the family comes to the top of the waiting list and W CHA is ready to pull the family into the applicant pool for final eligibility determination, WCHA will take a formal application (referred to as a full application) and verify the information provided.
E Acceptance of Pre-Applications:
1. When the waiting list is open, interested persons may apply directly to WCHA .
2. Any applicant who asks to be placed on the waiting list for the Housing Choice
Voucher Program (HCVP) will be given the opportunity complete a pre-application as long as the Waiting List is open and W CHA is accepting applications.
3. If the Waiting List is open, pre-applications will be distributed as determined by
WCHA .
4. Duplicative active pre-applications or full applications will not be honored.
5. Individuals who have a physical impairment, which would prevent them from obtaining a pre-application in person, may have someone else secure a pre- application for them.
5. W CHA has a system in place to assist families with disabilities. For example:
families can contact W CHA at the TDD/TTY number for information regarding assistance to the hearing impaired.
7. W CHA may also take pre-applications at designated outreach sites as it
determines necessary to comply with special outreach efforts during the period that the W aiting List is open.
8. Pre-applications do not require an interview, however full applications will.
5.1 Opening/Closing of Pre-Application Waiting List
• If W CHA is taking pre-applications on an open enrollment basis, and determines
that the waiting list is too long, W CHA will utilize the following procedures for closing and opening the Waiting List.
• Required public notices will provide potential pre-applicants with the necessary
information to apply for assistance, including an W CHA telephone number to call, dates and times during which pre-applications will be accepted, and a brief program description, including information on eligibility requirements and local preferences.
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• Pre-applications will only be accepted from applicants during the advertised periods of enrollment. These enrollment periods are determined based upon the need of W CHA to augment its waiting list for any of the programs it is administering.
A. Limited English Proficiency
The PHA is required to take reasonable steps to ensure meaningful access to their programs and activities by persons with limited English proficiency [24 CFR 1]. Chapter 2 provides a full discussion on the PHA’s policies related to ensuring access to people with limited English proficiency (LEP).
B. Suspension of Pre-Application Acceptance:
1. If W CHA is taking pre-applications on an open enrollment basis, W CHA may suspend
the taking of all pre-applications if the W aiting List is such that additional applicants would not be able to receive a HCVP within a period of 24 months. WCHA determines how long the list remains open. Suspension of pre-application acceptance is announced publicly.
2. There are specific instances where W CHA may accept pre-applications if the Waiting
List is closed: a. In cases where there are resident applicants who are being permanently
displaced by governmental action of an W CHA member jurisdiction due ONLY to reasons of health or safety, W CHA shall accept a pre-application from applicants who claim such preference within 120-days before or after their date of permanent displacement. W CHA shall accept such pre-applications, but WCHA shall not issue Housing Choice Vouchers (HCV) to such eligible applicants in excess of ten percent (10%) of W CHA ’s monthly turnover of HCVs. In addition, pre-applications may be submitted in accordance with HUD rules and regulations for Special Housing Programs, such as the Family Unification Program, where W CHA has exhausted the specific program clients from its existing W aiting List.
b. In the event of a federally declared disaster, W CHA may designate Housing Choice Vouchers to be made available for eligible displaced households if funding permits. Priority may be given to disaster victims who were residing in WCHA’s jurisdiction.
E Reopening of the Waiting List:
1. If the W aiting List is closed and W CHA makes the determination to open it, WCHA
shall publicly announce the opening in the manner provided by federal regulation and the notice provisions contained in this document.
2. This action is taken utilizing the following procedures:
a. Notice in newspaper of general circulation; b. Posting such notice in plain view in the application location(s) office; c. Notice published in minority media publications within W CHA’s jurisdiction.
3. WCHA will publish the application date(s) and program(s) for which pre-applications
are being accepted in newspapers serving W CHA’s jurisdiction.
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4. The publication will also specify the location where completed pre-applications are accepted. Generally, pre-applications will be accepted at W CHA’s office in Crawfordville, Florida.
5. W CHA will send the announcement to agencies whose clients are very low-income.
Announcement flyers will be available in the front office of W CHA.
6. Pre-application instructions will be posted in W CHA’s office, in other designated offices and made available through the voicemail system, and the W CHA website.
7. The closing date of the pre-application process may be determined at the same time
that W CHA initiates open enrollment. The open enrollment period shall continue until such time that the list contains sufficient pre-applicants for 24 months of operations or the pre-determined closing date as publicized.
5.2 Pre-Application Procedures
A WCHA will utilize a basic pre-application form. The requested information is to be
completed as directed by WCHA.
B The purpose of the pre-application is to permit WCHA to conduct an initial assessment of family eligibility or ineligibility and to determine placement on the Waiting List.
C Once the pre-application is complete, WCHA staff will assess the applicant’s eligibility or
ineligibility for selection as a HCVP participant.
D The information on the pre-application form will not be verified until the client has been selected from the application pool for final application processing. Final eligibility and placement on the Waiting List will be determined when the full application process is completed and all of the pre-applicants information is verified.
E Applicants are responsible for informing WCHA of changes in family circumstances (i.e.
income/assets, family composition, address, and living situation) within 10 calendar days and are responsible for responding to requests from WCHA to update pre-applications.
F Failure to provide information or respond to pre-application update requests may result in
the applicant being removed from the Waiting List. When applicants are notified in writing that their pre-application has been rejected, WCHA will follow the policy contained in Chapter 23 (Complaints and Appeals) of this Plan.
5.3 Notification of Family Status
A Based on the information on the pre-application, if the family is preliminarily determined
eligible, the applicant will be informed of the probable date that they will be contacted to determine if they are eligible to receive a HCV. W CHA communication will in no way lead applicants to believe that the estimated date of the HCV issuance is exact, but will stress that the estimated date of the HCV issuance is subject to several factors that are beyond W CHA ’s control (i.e. preference determination, turnover, additional funding, etc.)
B This information, with respect to eligibility and estimated time-period to receive a HCV,
will be presented in writing, and given to the applicant at the time of the interview or mailed to the applicant.
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5.4 Completion of Full Application
A Applicants on the Waiting List will be requested to fill out a full application when W CHA estimates that a HCV can be issued within 60 days.
B Once the applicant’s name is reached on the Waiting List, notification will be mailed to
the pre-applicant. The pre-applicant will be scheduled for an initial interview appointment.
C WCHA will interview the pre-applicant by asking questions and completing a full application including a completed self-disclosure form. Families are encouraged not to bring minor children to the interview.
D Requirement to Attend Scheduled Meeting:
1. It is the responsibility of the applicant to attend the scheduled application interview. It
is the applicant’s responsibility to reschedule the interview if they miss the initial appointment. Requests for rescheduled appointments must be for reasonable or special accommodation needs, and must be requested in writing within one (1) month of the original appointment day.
2. If the applicant does not reschedule and/or misses two (2) scheduled appointments,
WCHA has the option to reject the pre-application.
3. Rejection of the pre-application means that the household will be removed from the Waiting List and must reapply when pre-applications are being taken. Applicants will be notified in writing if their pre-application is rejected for this reason.
4. Under reasonable accommodation, or due to medical reasons, if a family member
cannot make the initial eligibility interview, a phone interview may be scheduled. In this case, the required documents must be delivered by a family member or care attendant to the applicant then mailed back to W CHA by a specified date.
5. All adult family members 18 years of age and older are required to attend the
interview with the head of household and sign the housing application. Exceptions are made for the severely disabled or students attending school out of state. In this case the paperwork will be given to the family to have it completed and returned.
E Verification of Full Application Information:
1. Information provided by the applicant will be verified in accordance with the
provisions outlined in Chapter 9 of this Plan, including information on family composition, income, assets, allowances and deductions, preference status, full-time student status, and other factors relating to eligibility determination before the applicant is issued a HCV.
2. All adult members 18 years and older must sign the HUD 9886 Release of
Information Form and INS 214 Declaration in order for the application to be considered complete.
5.5 Final Determination and Notification of Eligibility
A Only one HCV will be issued per application.
B After the verification process is completed; W CHA makes its final determination of
eligibility, based on the same factors used in determining preliminary eligibility, but with verified data at this point in time.
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C The household is not actually eligible for HCV issuance until this final determination has been made, even though they may have been preliminarily determined eligible and may have been listed on the Waiting List.
D Family circumstances can change between initial pre-application, subsequent updates,
and final eligibility determination. Additionally, changes in HUD rules and regulations during the review process may affect an applicant’s eligibility. These circumstances make it necessary to make a final eligibility determination.
5.6 Preference Denial
A If WCHA denies a preference claimed by the pre-applicant, WCHA will notify the
applicant in writing as to the reasons why the preference was denied, and offer the applicant an opportunity for an informal review within 10 calendar days of such determination.
B The informal review, if requested, will be conducted by any person(s) designated by
WCHA.
C The designee may be an officer or an employee of W CHA , other than the person who made or reviewed the determination. At the time of the informal review, the applicant must provide proof of the preference for which they claim they are eligible.
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CHAPTER 6: ESTABLISHING PREFERENCES AND MAINTAINING THE WAITING LIST
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Chapter 6: Establishing Preferences and Maintaining the Waiting List 6.0 Application Pool
A An application pool will be maintained in accordance with the following factors:
1. Applications will become part of a permanent file.
2. Applications will be maintained in order of preference. Applications equal in preference will
be maintained by random sequence.
3. All applicants must meet income eligibility requirements as established by HUD.
B The Waiting List may be updated every 12 to 24 months by WCHA . 6.1 Waiting List Preferences
A During the eligibility process, all applicants will be given the opportunity to show that they qualify for the
preferences described in this chapter.
1. If an applicant makes a false statement in order to qualify for a preference, WCHA will deny admission to the program for the family and they will be removed from the pre- applicant W aiting List.
B Preference: Subject to preference requirements, WCHA will apply these
preferences to all pre-applicants who qualify, weighted in descending order:
1. Resident applicants (referred to as “members”) who live, work, have been hired to work in or report to an office located in the W CHA’s jurisdiction:
a. If the applicant claims that they have lived or worked continuously in W CHA’s jurisdiction, and
based upon a third party investigation report it is found that they were out of WCHA’s jurisdiction for a period of time, they will be denied admission based on willful misrepresentation and will be removed from the Waiting List.
2. Special Relocation: (24 CFR 982.54(d)(e), 982.203) If HUD awards the W CHA program funding to allow
families, W CHA will admit these families under a Special Admission procedure. Special admissions families will be admitted outside of the regular waiting list process. They do not have to qualify for any preferences, nor are they required to be on the program waiting list. W CHA maintains separate records of these admissions.
a. Resident applicants who are being permanently displaced by an public housing agency within
WCHA’s jurisdiction for reasons of health or safety: The member jurisdiction must provide documentation to W CHA, evidenced by action adopted by the governing body of the jurisdiction, that they have offered relocation assistance and benefits as legally required (including W CHA’s HCVP benefits) to the affected resident applicants. Such designation of preference shall not exceed ten percent (10%) of W CHA’s monthly turnover of HCV. Applicants shall be referred to W CHA for consideration by a member jurisdiction, and applicants must submit a pre- application within 120 days before or after the date the applicant is permanently displaced. WCHA shall extend this preference within the ten percent (10%) per month limitation. (See Opening/Closing of Application Waiting List in Chapter 5 of this document)
b. Resident and nonresident applicants displaced by a federally declared disaster requiring mandatory evacuation: WCHA may designate Housing Choice Vouchers to be made available for eligible displace households if funding permits. Priority may be given to disaster victims who were residing in W CHA’s jurisdiction. W CHA will accept and prioritize the processing of eligibility for households referred through the responsible
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disaster agency, such as the Federal Emergency Management Agency (FEMA), and will require appropriate verification of circumstances and other eligibility criteria.
3. Applicants who are currently serving, or have served in the U. S. armed forces, veterans who have
been honorably discharged or surviving spouses of honorably discharged veterans (who have not remarried prior to or after the death of the veteran).
4. Applicants (families/individuals) with earned income from recent employment who meet the following
criteria:
a. Only head of household, spouse or sole member can qualify. b. Must receive earned income, which is defined as salaries and wages, overtime pay, tips and
bonuses, and any other form of compensation for work performed c. Work at least 20 hours per week for 42 weeks in any one-year period from the date of pre-
application. Exception: If applicant is scheduled for an initial interview appointment in less than 42 weeks from the pre-application date, the WCHA will consider the employment history prior to the pre-application date.
d. Length of employment is calculated separately for each individual and cannot be combined with another person to qualify.
e. Employment must be verifiable. Burden of proof is the responsibility of the applicant.
5. Disability status.
a. Must be disabled status for at least 12 months from the time of their initial interview date. b. To minimize the risk of discrimination, HUD requires that any working preference must also be
given to applicant households whose head, spouse, or sole member is age 62 or older or is receiving Social Security disability, Supplement Social Security Income disability benefits, or any other payments based on the individual’s inability to work.
6.2 Preference Eligibility
A Applicants will be placed on the Waiting List according to information provided by them as to their
qualification for preferences. This preference claim will not be verified at the time of pre-application. B If an applicant misrepresents an address to retain jurisdictional member preference, their file will be made
inactive. C Applicant circumstances may change while awaiting a HCV offer or during the eligibility process, which
may affect the applicant’s entitlement to a preference. Applicants are required to notify W CHA, in writing, within 15 calendar days from the date a change occurs. Whenever a reported change affects the applicant’s preference on the waiting list, the applicant’s name will be placed in the appropriate preference category, based upon the date and time W CHA receives the reported change.
D However, to be finally determined eligible, applicants must still meet the preference category(ies)
cited at the time that a HCV is expected to be available and a full application is completed during the WCHA intake review.
E If the applicant's preference cannot be verified, the applicant will be notified of the preference denial
and given the opportunity for an informal review as authorized in Chapter 5 of this document.
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PREFERENCE CODES CHART MEMBERS: (Residing or working in WCHA jurisdiction)
PRIORITY CODES:
HIGHEST Waiting List Category
1
Waiting List Category
2
Waiting List Category
3
Waiting List Category
4 Special Relocation a. Referrals from other PHA’s: Residents displaced by government action for reasons of health or safety (Referred by HUD under qualifying criteria) b. Victims of a federally declared disaster requiring mandatory evacuation (if resources are available)
U.S. VETERANS
Including: ELDERLY DISABLED
WORKING FAMILIES
Non-VETERANS
Including: ELDERLY DISABLED
WORKING FAMILIES
U.S. VETERANS
That are not: ELDERLY DISABLED
WORKING FAMILIES
OTHERS:
NON WORKING FAMILIES
NON-MEMBERS: (NOT residing or working in WCHA jurisdiction)
PRIORITY CODES: LOWEST
Waiting List Category 5
Waiting List Category
6
Waiting List Category
7
Waiting List Category
8 U.S. VETERANS
Including: ELDERLY
DISABLEDWORKING FAMILIES
Non-VETERANS
Including: ELDERLY
DISABLED WORKING FAMILIES
U.S. VETERANS
That are not: ELDERLY DISABLED
WORKING FAMILIES
OTHERS:
NON WORKING FAMILIES
DEFINITIONS:
Members – Living or working in member cities Working – Working a minimum of 20 hours per week for a period of 42 weeks in any one year from the date of pre-application Others – Single or family that do not meet any of the criteria in 1, 2, 3 for Members, or 5, 6, 7 for Non-Members
The priority codes are to be used for applicants with the following application status codes: E – Eligible pre-application: This applicant is waiting for an interview. P – Initial interview, waiting for voucher: This applicant has been: A) Scheduled for an interview;
B) Completed/made eligible and is waiting for a voucher. C – Assigned a Subsidy Number: This applicant is scheduled a briefing and assigned a Subsidy
Number. H – Housed by Field Rep.: This applicant has been leased-up, and information transferred to
Section 8 module. I – Made ineligible, Non-Member: This applicant has been made ineligible or has been placed
back on Waiting List as a Non-Member. W – Withdrawn, made inactive: This applicant has been determined inactive or has withdrawn.
Note: 5, 6, 7, 8 Preference Codes are Non-Member, and must be used with an “I” status code (JJ) – All other cities outside of WCHA ’s jurisdiction
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6.3 Order of Selection
A The selection from W CHA ’s Waiting List will be made without regard to race, color, creed, religion, sex, disability, national origin, family status, marital status, or source of income.
B The Pre-applicants will be selected according to preference status and random
placement of the pre-application.
C Interviews for completion of a full application are scheduled on this basis. 6.4 Reopening of the Waiting List for Preferences
A WCHA will announce the opening of its waiting list whenever it is determined that fewer
applicants are on the waiting list than would provide 24 months of referrals for assistance from that waiting list.
B When a new waiting list has been established, W CHA will purge and inactivate all non-
member applicant names remaining on a previous waiting list. These non-member applicants will be notified by mail and will be given an opportunity to re-apply for the new waiting list.
6.5 Maintaining the Waiting List
A After the preliminary eligibility determination has been made, applicants are placed on the
appropriate Waiting List in order of preference. W CHA will maintain an accurate Waiting List, which conforms to HUD requirements.
B The Waiting List will provide the following information regarding potentially eligible
households who have an active pre-application:
1. Name of head of household
2. Date, time, and random placement number of the pre-application
3. Unit size required
4. Preference status codes
5. Minority and ethnicity status 6.6 Updating the Waiting List
A WCHA may periodically update the Waiting List to ensure that it is current and accurate.
WCHA will mail a notice to the applicant’s last known address, requesting information regarding their continued interest in maintaining a place on the Waiting List.
B If the applicant did not notify WCHA of a move as required, W CHA will not be responsible
for the applicant’s failure to receive the update request.
C The request notice will include a deadline date by, which applicants must contact W CHA of their continued interest, by mail or in person. If W CHA fails to receive the applicant’s notice of continued interest by the deadline date, the applicant’s name will be removed from the Waiting List.
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D If the letter is returned by the Post Office, with the forwarding address noted, W CHA will resend the letter. If the letter is returned by the Post Office as undeliverable, this will be used as proof that the applicant has moved without notice to W CHA and that the applicant will be removed from the Waiting List.
E WCHA does not accept responsibility for mail delays and/or non-receipt by the applicant.
F If there is no response within the time period stated in WCHA ’s letter, W CHA will send
the notice to the applicant for the denial of assistance with an opportunity for an informal review.
6.7 Finalizing Applicant Determination
A All completed and verified applications are added to an “eligible” list and families are
scheduled for a briefing and issuance of HCVs, at a location specified in writing by WCHA, in accordance with this Administrative Plan.
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CHAPTER 7: SUBSIDY STANDARDS FAMILY BEDROOM
ALLOCATION
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A HUD guidelines require W CHA to establish subsidy standards that determine the number
of bedrooms a family will be issued on their Housing Choice Voucher (HCV). The subsidy standards must provide for the smallest number of bedrooms needed to house the family without overcrowding or conflicting with the space requirements of HUD’s Housing Quality Standards.
B WCHA establishes the payment standard by bedroom size. A family may lease a larger
size unit than their HCV bedroom size, but may not initially lease a unit in which contract rent would result in the tenant’s portion exceeding 40% of the family’s monthly-adjusted income. However, after the initial rental agreement period, a HCV holder may choose to pay up to 50% of their gross monthly income for their portion of rent (only in the case of a rent increase).
C The unit size assigned to a participant in the Housing Choice Voucher Program (HCVP)
serves as the basis for determining maximum rent that can be paid to an owner for the unit selected by the family under the Fair Market Rents established by HUD.
D The unit size for the HCV remains the same as long as the family composition remains
the same, regardless of the actual unit size rented.
E The subsidy standards for Rental Assistance issuance are set to determine the Housing Choice Voucher bedroom size to be issued. Guidelines for maximum Rental Assistance issuance are:
1. Single persons will be issued a one bedroom Housing Choice Voucher.
2. The head (and spouse, if applicable) of the household will be eligible for a separate
bedroom.
3. All other family members will use the standard of two persons per sleeping area except when W CHA allows exceptions that are justified by the health or disability of family member(s), and/or other individual circumstances necessary for reasonable accommodation.
4. A family that consists of only a pregnant woman will be treated as a two-person
family.
5. Foster children will be included in determining unit size.
6. These general guidelines are used in determining Housing Choice Voucher bedroom classification:
MINIMUM # MAXIMUM # HOUSING CHOICE PERSONS IN PERSONS IN VOUCHER SIZE HOUSEHOLD HOUSEHOLD
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F WCHA may grant exceptions from the standards if WCHA determines the exceptions are justified by the health or disability of family members, and/or other individual circumstances necessary for reasonable accommodation.
G All changes in family composition that are the result of a birth, an adoption, marriage, or a
legal court action, must be reported to W CHA within 10 calendar days from the date the change becomes effective. When reporting and eligibility requirements have been met, the family may request approval for a change in their HCV for the appropriate number of bedrooms.
Additional Family Members: A family must request written approval from W CHA before adding another member to the household, prior to that person moving into the unit. Approval for adding another member to the household is not automatic and will be determined by a number of contributing factors that include: direct benefit to the head of household, reasonable accommodation due to a disability, health and/or safety issues that directly affect other family members and funding availability. The addition of another household member may or may not result in approval for a change in the bedroom size of the HCV.
H W CHA will consider the request according to the conditions outlined in this Plan, and
determine whether or not the request will be granted. The necessity for an exception to unit size standards must be verified and documented. The granting of the exception shall be at the discretion of W CHA.
I Special circumstances may dictate a larger size HCV than the Subsidy Standards
including:
1. An elderly or disabled person who requires a live-in attendant or who, for medical or other reasonable accommodation reasons, cannot share a bedroom, as verified in writing by a licensed medical professional.
7.1 Changes in the Housing Choice Voucher Size
A Housing Choice Voucher Issuance After Lease-up:
1. When there is a change in family composition that would result in a decrease in the
bedroom size the family would be eligible for, the adjustment will be made at the time of reexamination unless the family initiates the move. Exception; if the WCHA becomes aware of change after the re-exam interview, but before the re-exam effective date, the 60-day notice does not have to coincide with Re-exam month; it may be off by a month or more.
2. When there is a change in family composition that results in an increase in bedroom
size, WCHA will review the available options and inform the tenant of the applicable action that will be taken. In any instance, the tenant will be entitled to an increase in the Voucher bedroom size. If the tenant must move because of an overcrowded living situation, a minimum 60-day notice will be given.
3. The unit considerations in this section should be used as a guide to determine
whether the bedroom size should be changed and when. If a situation occurs which is not currently covered in this policy, the case will be taken to the housing supervisor who will review the situation and make a decision based on the individual circumstances and the verification provided.
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4. The HCV size will only be changed at an annual recertification or when the family requests that WCHA reissue a HCV to permit the family to move to a new unit. However, if WCHA made an error in the bedroom size designation, the family will be issued a HCV of the appropriate size in order not to penalize the family.
5. WCHA establishes the payment standard by bedroom size. A family may lease a
larger size unit than their HCV bedroom size. The payment standard to be used is based on the lower of the actual number of bedrooms in the unit or the HCV size issued to the family. HCV holders may not lease a unit where contract rent would result in the tenant’s portion exceeding 40% of the family’s monthly-adjusted income. This applies when the gross rent of the unit exceeds the applicable payment standard for the family.
B Housing Quality Standards (HQS):
1. HQS allow two persons per living/sleeping room and would permit the following
maximum occupancy, assuming a living room is used as a living/sleeping area:
2. These standards may be exceeded if a sleeping room other than a bedroom or living room is available and selected.
3. For the HCVP, families are not restricted by the bedroom size of the unit they select
for housing other than the minimum Housing Quality Standards, maximum occupancy and maximum tenant contributions of initial lease.
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CHAPTER 8: INCOME CONSIDERATIONS AND DETERMINATION OF TOTAL TENANT PAYMENT
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Chapter 8. Income Considerations and Determination of Total Tenant Payment
8.0 General Policy
A Income and the Total Tenant Payment are calculated in accordance with federal
regulations for the Housing Choice Voucher Program (HCVP).
B Annual Income is used to determine whether the family is within the required income limits for program participation. Annual Income represents the gross amount of income to be received by the household.
C HUD has published allowable deductions and exclusions from annual income. When
these applicable deductions and exclusions are considered, the result is adjusted income.
D Both annual and adjusted income is used to determine the rent calculation for Housing
Choice Vouchers (HCV).
E Annual income is defined as the gross amount of income (prior to deductions) anticipated to be received by the family during the 12 months after certification or recertification.
F WCHA must compute all income of every family member who is on the rental
agreement, including authorized members of the household who are temporarily absent. If income for any family member is not coming into the household, the tenant shall provide: the name of the recipient of said income, documentation as to the special circumstances pertaining to the non-receipt of income by a family member, and third party verification of the arrangement.
G In addition, WCHA must count the income of the spouse of the head of the household
if that person is temporarily absent, even if that person is not on the rental agreement.
H Income of persons permanently absent from the household will not be counted.
I Income is defined by HUD regulations and is further interpreted in HUD notices, memos and guidelines. These rules must be followed. However, there are policy decisions, which are needed in order to ensure consistent interpretation of the HUD rules.
J All families receiving rental assistance must have a minimum total tenant payment of $50.
8.1 Special Family Circumstances
General Conditions:
A Families must report in writing to W CHA within fifteen days, any absence from the
household of more than thirty consecutive days and shall report the change to the owner, consistent with the rental agreement provisions. Some special situations, are discussed below:
B If a member of the household is absent from the assisted unit for more than 60 days in a
twelve (12) month period, except for medical circumstances described below, the unit will not be considered to be their principal place of residence and the HCV assistance for the unit shall be adjusted accordingly.
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C If the sole member of the household leaves the household for more than 30 consecutive days or 60 non-consecutive days in a 12 (twelve) month period, the unit will not be considered to be their principal place of residence and the housing assistance payment for the unit will be terminated unless the participant requests an extension by submitting documentation from a reliable medical source that they will return within a maximum of 180 days.
D If the sole member of the household has to leave the household to go to a hospital or
nursing home, written advice from a reliable medical source will be obtained as to the likelihood and timing of the their return. If the medical source feels they will be permanently confined to a nursing home, they will be considered permanently absent. If they are temporarily confined, they will not be considered permanently absent. In no event, however, will the unit be considered their principal place of residence when they are out of the household for more than 180 consecutive days.
E If the member’s child or children is/are temporarily absent from the household due to
foster care, W CHA will try to contact Social Services to determine the length of time before the child or children will be returned. The situation will be reevaluated after 90 days. The parent may retain their eligibility as a remaining member of the tenant family. However, they may have to be issued a different size Voucher. If the children are projected to be out of the home for more than the 180 days, the Voucher size will be reduced.
F If W CHA has determined that both parents must leave the household and the Department
of Social Services and/or the Juvenile Court has determined that another adult is to be brought into the assisted unit to care for the children for an indefinite period, W CHA will not change the head of household without a court order. Any income received on behalf of the remaining family member will be counted during this period. This process does not preclude the fact that the Owner may choose not to accept the new adult caretaker. WCHA will work with the appropriate service agencies and the Owner to provide a smooth transition of the process(es) involved in these cases.
G If a member of the household is subject to an order of protection that excludes someone
from the home, they will not be considered under the temporarily absent policy during the period the court order is in effect.
H If minors leave the household, the head of household will be required to provide
documentation of legal guardianship or custody by another person.
I Spouse:
1. If the spouse leaves the household, the family must report the change in family composition to WCHA within ten (10) calendar days, stating the spouse is temporarily/permanently absent.
2. If the spouse leaves the household and the period of time is less than 90 days, the
family member will be determined temporarily absent unless the verification(s) prove otherwise, as specified in Chapter 9, of this Plan.
3. Persons who report that a spouse has left the household in this situation must
provide adequate proof of absence if they are to be considered permanently absent during the first 90 days.
4. The spouse will be determined permanently absent if the family declares that the
spouse has been gone for more than 90 days of the recertification period and declares the spouse is permanently absent in writing.
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5. The 90 days specified in this section starts from the time the remaining family spouse reported the change in family composition or the spouse actually left the unit, whichever is earlier.
6. If the family member with children gives notice to WCHA before vacating the unit,
WCHA will review the situation and make a determination as to who will retain the Voucher.
J Adult Family Members Other than Spouse:
1. Other persons who were declared to be members of the family may be declared
permanently absent, such as members living in a spousal relationship, if the family declares that the person has been gone for more than 90 days of the recertification period and declares the person is permanently absent in writing.
2. The 90 days specified in this section starts from the time the remaining family
member(s) reported the change in family composition or the person actually left the unit, whichever is earlier.
3. Persons who report that an adult family member other than spouse has left the
household in this situation must provide adequate proof of absence if they are to be considered permanently absent during the first 90 days.
4. If the person leaves the household and the period of time is less than 90 days, the
family member will be determined temporarily absent unless the verification(s) specified in Chapter 9, of this document.
5. If the family member with children gives notice to WCHA before vacating the unit,
WCHA will discuss the situation and make a determination as to who will retain the Voucher.
6. If the person has been absent from the household for more than 90 days and wants
to return, the family must request W CHA ’s permission after the Owner has granted their permission. W CHA will review the family’s request. Factors, which will be considered include: a. Subsidy standards b. Health and safety c. Pattern of family composition changes d. Circumstances of current request
K Adult Child:
1. If an adult child goes into the military and leaves the household, they will be
determined permanently absent.
2. A student (other than husband or wife) who attends school less than 150 miles away from home but who lives with the family during school recesses may be considered permanently absent (income not counted, not on rental agreement, not counted for Voucher size) or temporarily absent (income counted, on rental agreement, counted for Voucher size) at the family’s option. A student who lives more than 150 miles from home will be determined permanently absent.
3. Adult children of the head of household and/or spouse who were declared to be
members of the family may be declared permanently absent if the family declares
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that the person has been gone for more than 90 days of the recertification period and declares the person is permanently absent in writing.
4. The 90 days specified in this section starts from the time the remaining family
member reported the change in family composition or the person actually left the unit, whichever is earlier.
5. Persons who report that an adult child has left the household in this situation must
provide adequate proof of absence if they are to be considered permanently absent during the first 90 days.
6. If the person leaves the household and the period of time is less than 90 days, the
family member will be determined temporarily absent unless the necessary verification(s) are provided.
7. If the person has been absent from the household for more than 90 days and wants
to return, the family must request W CHA ’s permission after the Owner has granted his/hers. W CHA will review the family’s request. Factors, which will be considered include: a. Subsidy standards b. Health and safety c. Pattern of family composition changes d. Circumstances of current request
8. The person must not reside in the assisted unit until written permission is received
from W CHA and W CHA has included that person as part of the assisted family in its records.
L Joint Custody of Children:
1. If children are a part of an assisted household pursuant to a court order joint custody
agreement, a document from the court indicating the nature of the custody will be submitted.
2. Children who are subject to a joint custody agreement, but live in the unit at least
51% of the time, will be considered members of the household. If the family includes a child who is temporarily absent from the home due to foster care, the standards in 8.1.E of this Chapter will be used.
3. If both families are on the program or the Waiting List, only one parent may claim the
child. The parents will be encouraged to make a decision as to which parent claims the child as a family member.
4. If there is no agreement by both parties, a determination will be made as to the
majority of time spent with each party. “51 percent of the time” is defined as 183 days of the year (which do not have to run consecutively) and will be so be used to determine the “place of residence” for that child.
M Visitors:
1. Visitors are allowed to stay for up to 15 consecutive days in a 12-month period or up
to 30 non-consecutive days in a 12-month period.
2. Visitors who stay longer than 15 consecutive days and/or 30 non-consecutive days in a 12-month period must have written permission of the Owner with a copy on file with
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WCHA. Any visitor who has been in the unit more than 15 consecutive days or more than 30 non-consecutive days in a 12-month period will be considered to be living in the unit as a household member without the approval of W CHA causing grounds for termination. If the family wishes to add the person to the household and the person is approved by WCHA and Owner to be in the unit, the person will need to complete the Eligibility process and income from this person will be counted retroactively to when the person was originally living in the unit.
3. Acceptable proof of an alternate location of such an individual’s permanent residence
is specified in Chapter 9 of this document.
4. Minors and college students who were part of the family, but who now live away from home during the school year and are not considered members of the household, may visit for up to 150 days per 12 (twelve) month period without being considered a member of the household as long as they have written permission of the owner/manager.
5. In a joint custody arrangement, if the minor is in the household less than 183 days
per year, the minor will be considered to be a visitor and not a family member.
N Reporting to Owner:
1. The additional person(s), whether a family member or a visitor, must be reported to the owner/manager. In the case of a minor child staying longer than the time specified, or college students who were part of the family but who now live away from home during the school year and are not counted as family members as described above, written permission must be obtained from the owner, allowing them to continue in residence as a visitor, with a copy on file with W CHA .
O Reporting to WCHA :
1. The family must declare a member as permanently or temporarily absent in writing to
WCHA within 10 days of the change to the household composition. W CHA will advise the family at that time, or at reexamination, what the options are and how it might affect the total tenant payment or the Voucher size.
2. The family should be counseled at briefings and reexaminations on the effect of the
permanently/temporarily absent policy on rent and/or Voucher size.
P Reporting Additions to Owner and WCHA :
1. Reporting changes in household composition to WCHA is both a HUD and an WCHA requirement.
2. Family obligations require the family to request WCHA ’s approval to add any other
family member as an occupant of the unit and to inform W CHA of the birth, adoption or court-awarded custody of a child within 10 days. The family must request prior approval of additional household members in writing within 10 days. Such notification must also be done for the unit owner and his written approval must be forwarded to WCHA .
8.2 Averaging Income
A There are two ways to calculate income when it cannot reasonably be anticipated for a
full year:
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1. Annualize current income (and subsequently conduct an interim reexamination if income changes); or
2. Average known sources of income that vary in order to compute an annual income
(no interim adjustment will be required if income remains what was initially calculated).
3. WCHA will use the “averaging known sources” method for all families unless a
Supervisor approves an exception to this rule.
4. Last year’s income may be analyzed to determine the amount of income to be anticipated when the current year’s income cannot be clearly verified.
B If, by averaging, a reasonable estimate can be made, that estimate is to be used to
anticipate annual income over the next 12 months (as opposed to changing the HAP every month as the income fluctuates).
C At reexamination, WCHA may use last year’s income, if the income cannot be
anticipated for the coming year, and average, if necessary. 8.3 Minimum Income
A Housing Assistance Payments and related programs are available only to families
earning less than 80% of the area median income.
B Families assisted under the HCVP must pay a monthly minimum total tenant payment of not less than $50.
C Families claiming to have no income will be required to execute verification forms
quarterly to determine that sources of income (e.g. unemployment benefits, Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), etc.) are not being received by the household. WCHA reserves the right to call the tenant in the office for the verification process, call child protective services when appropriate and run credit checks.
8.4 Temporarily Absent Family Members’ Income
A Income of temporarily absent family members is included in total income for tenant rent
calculation purposes.
B If the spouse or the head of household is temporarily absent, their entire income is counted, whether or not they are on the rental agreement. The decision as to whether such a person is considered temporarily absent will be made in accordance with policies in this Plan.
C If the spouse is temporarily absent and in the military, all military pay and allowances
(except hazardous duty pay when exposed to hostile fire and any other exceptions to military pay HUD may promulgate) is counted as income.
8.5 Income of Person Permanently Confined to a Nursing Home
A If a person is permanently confined to the hospital or nursing home, and there is a family
member left in the household, W CHA will calculate the total tenant payment, using the following method:
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B If the income of the confined person goes directly to the nursing home, WCHA will exclude the income of the person permanently confined to the nursing home and give the assisted tenant no medical deductions paid on behalf of the confined family member.
C If the income of the confined person is paid to an assisted family member, WCHA will
include the income of the person permanently confined to the nursing home and give the tenant the medical deductions allowable on behalf of the person in the nursing home.
D For determination as to whether the person is confined to a nursing home on a temporary
or permanent basis, see the definition of temporarily/permanently absent in Section 8.1 D. in this Chapter.
8.6 Regular Contributions and Gifts; Recurring Contributions and Gifts
A For tenant rent calculation purposes, regular contributions and gifts received from
persons within and outside the household are counted as income for a minimum period of one (1) year. Any contribution or gift received for (3) months or more in a 12-month period will be considered “regular” contributions or gifts.
B This includes rent and utility payments paid on behalf of the family and other cash or non-
cash contributions provided on a regular basis.
C It does not include casual contributions or sporadic gifts, (those received less than three (3) months) in a 12-month period.
D A notarized affidavit must be obtained from the contributor or grantor, noting the source
or such contributions or gifts. A notarized affidavit must also be obtained from the contributor or grantor verifying the termination of such contributions or gifts when applicable. Third-party verification will be used when obtainable.
8.7 Alimony and Child Support
A Regular alimony and child support payments are counted as income for tenant rent
calculation purposes.
B If child support is not received on a regular basis, WCHA must count the amount of child support in the divorce decree or separation agreement unless WCHA verifies that the income is not received.
C In order to calculate any amount other than the amount in the specific award, WCHA must
obtain a certification from the tenant as to how much is being received on an annual basis. Additionally, the tenant must provide documentation that the family has filed with the agency responsible for enforcing such payments.
D When a report on child support is received from the Clerk’s office for the prior
12 months, WCHA will use the amount received over the last 12 months, if no projection of anticipated income can be calculated.
E Where there is no print-out, or where there is disagreement in the amount received in the
verification documents, or statements, or where families have stated that they have never filed with an agency to enforce payments, WCHA will request information from the Clerk’s office.
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F WCHA will use the divorce decree provided by the family. If more information is needed, WCHA will request a copy of the divorce decree from the County Recorder’s office.
G WCHA may also verify information with the former spouse.
H If no other documents are obtainable, WCHA will accept an affidavit from the family of the
amount they are receiving.
I Lump-sum Receipts:
1. 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, are not included in income.
2. Lump-sum payments caused by delays in processing periodic payment (such as
unemployment or welfare assistance) are counted as assets.
3. Treatment of accumulated periodic payments due to the deferral of income resulting from a dispute is handled no differently than periodic payments deferred because of processing problems.
4. WCHA may develop a calculation method, which calculates retroactively
or prospectively, as long as full rent is received.
5. For HCV rental assistance, the calculation will be done prospectively for families who report the lump-sum amount on a timely basis.
6. Prospective Calculation Methodology:
a. If the lump-sum amount is received and reported, resulting in an interim
adjustment, it will be calculated as follows: b. The entire lump-sum payment will be added to the rest of the annual income at
the interim reexamination; c. WCHA will determine the percent of the year the interim represented; d. At the next annual recertification, W CHA will take the remaining percentage of
the year not used, apply it to the lump sum and add to the rest of the annual income;
e. The lump sum will be used in the same method for any interims, which occur prior to the next annual recertification.
J Attorney Fees:
1. Attorney fees may be deducted from lump-sum payments when computing annual
income when the attorney’s efforts have recovered a lump-sum compensation for the wrongful reduction or denial of a periodic payment, and the recovery does not include an additional amount in full satisfaction of the attorney fees.
2. In such situations, the tenant does not actually recover the entire amount of the past-
due periodic payments because they must pay the attorney fees.
3. This situation does not include those in which an amount is withheld from funds otherwise due the tenant to satisfy legitimate financial obligations unrelated to obtaining the income such as:
a. Withholding from wages to apply to child support, alimony or a judgment creditor; b. Garnishment for failure to pay child support, alimony, or a judgment creditor.
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4. This situation does not include those instances where a tenant incurs attorney fees unrelated to asserting a right to a source of income, or where no income results from the attorney’s actions. These are the financial responsibility of the tenant and are not deducted in determining annual income.
8.8 Contributions to Retirement Funds
A Contributions to company retirement/pension funds are handled in the following manner:
B While an individual is employed, WCHA will count only the amount the family
can withdraw without retiring or terminating employment; and
C After retirement or termination of employment, WCHA will count any amount the employee elects to receive as a lump sum.
8.9 Grants and Scholarships
A Educational scholarships include various educational entitlements, grants, work-study
programs, and financial aid packages other than Title IV. They also include amounts received by veterans for educational purposes and student loans.
B All such funds are exempt for both part-time and full-time students and will not be
counted as part of the recipient’s income. 8.10 Assets Disposal for Less Than Fair Market Value
A WCHA must count assets disposed of for less than fair market value during the two
years preceding the examination or reexamination. WCHA will count the difference between the market value and the actual payment received.
B Assets disposed of as a result of foreclosure or bankruptcy are not considered to be
assets disposed of for less than fair market value. Generally, assets disposed of as a result of a divorce or separation are not considered to be assets disposed of for less than fair market value.
C WCHA ’s minimum threshold for counting assets disposed of for less than fair market
value is $1,000. If the total amount of assets disposed of within a one-year period is less than $1,000, they will not be considered an asset for the two-year period.
D If the total amount of assets disposed of within a one-year period is more than $1,000, all
assets disposed of for less than fair market value will be counted as assets for two years from the date the asset was disposed of.
8.11 Child Care Expenses
A A childcare deduction will not be given for children under 13 years of age attending a
private school, instead of a public school. However, if the private school also provides day care or after-school care, in addition to regular school hours for school-age children, the after-hours care can be counted as childcare expenses, as long as the family is eligible for a childcare deduction.
B Adult members who would be considered unable to care for the child include:
1. An adult member in a documented child abuse situation;
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2. A medically disabled or older person unable to take care of a small child, as determined by doctor’s statement.
C The reasonableness criteria for allowing child care expenses as a deduction uses the
following standards applied to Head of Household or spouse only:
1. Childcare to work: The maximum childcare allowed would be based upon the amount earned by the person enabled to work. The “person enabled to work” will be the adult member of the household who earns the least amount of income from working.
2. Child care for school: WCHA will compare the number of hours the family member is
attending school and base the reasonableness standard on the number of hours attending school (with the addition of one hour travel time to and from school) versus the number of hours claimed for child care.
3. Rate of Expense: WCHA will collect data to determine a reasonableness standard.
The determination will be made only on a reasonable hourly rate.
D If WCHA feels the childcare is unreasonable according to this standard, the standard may be used as the maximum.
E If the childcare provider is an unlicensed individual, the individual must provide their
Social Security number and a statement of the amount that individual is being paid or a childcare allowance will not be given.
8.12 Medical Expenses
A When it is unclear in the HUD rules as to whether or not to allow an item as a medical
expense, IRS publications will be used as a guide.
B Nonprescription medicines must be doctor recommended with a specific dosage, and verified current expenses projected for the dosage on the receipts must be provided in order to be considered as a medical expense.
C Acupressure, acupuncture, herbal medicines, and chiropractic services will not be
considered allowable medical expenses. 8.13 Reduction in Benefits
A If the family’s benefits such as Social Security/SSI or TANF were reduced through no
fault of the family, W CHA will use the net amount of the benefit.
B In the case of TANF, if the family’s benefits were reduced due to family error, omission, or misreporting, the gross amount of the benefit will be used as income.
8.14 General Assistance
A WCHA will use the gross amount of General Assistance for which the family is eligible.
8.15 Income From Working Students
A Earned income in excess of $480 from each dependent family member who is a full-time
student is exempt from calculation of family income.
1. Dependent family members attending high school are considered full-time students.
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2. Dependent family members attending a college or university, and carrying twelve (12) or more units per quarter/semester are considered full-time students.
3. Dependent family members attending an institution of higher learning, who are
considered full-time under that institution’s standards and practices are considered full-time students.
B A change in full-time student status must be reported to WCHA within ten (10) calendar
days. Failure to report will result in a repayment agreement effective retroactively to the beginning of the quarter/semester. If the numbers of units are not carried, or the criteria for full-time status under the institution of higher learning’s standards and practices are not met, the full-time student status will not be given and the individual’s income will be counted retroactively.
C The income of a full-time student whose status changes to part-time will be included in
the family’s calculation relative to the family’s portion of rent. 8.16 Minimum Family Contribution To Rent
A All households receiving rental assistance must pay a minimum total tenant payment of
rent of $50.00. When a family is designated to pay a minimum rent they will be informed in writing. If the family believes that this amount would pose a hardship to the family, they may request a review/hearing as outlined in Chapter 23 (Complaints and Appeals). However, specific attention must be given to the minimum income statement found in 8.3 of this Chapter.
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CHAPTER 9: VERIFICATION PROCEDURES
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Chapter 9. Verification Procedures
9.0 Overview WCHA must verify all information that is used to establish the family’s eligibility and level of assistance and is required to obtain the family’s consent to collect the information. Applicants and program participants must cooperate with the verification process as a condition of receiving assistance. W CHA must not pass on the cost of verification to the family.
A WCHA verifies family income, family composition, full-time student status, value of
assets, factors allowing a preference, and other determinations regarding eligibility status before an applicant is issued a Housing Choice Voucher (HCV).
B Applicants and program participants will be required to furnish proof of their statements
whenever required by W CHA.
C Families may be requested to sign an authorization for release of information from the Internal Revenue Service (IRS) for further verification of income. Additionally, families may be required to provide copies of their most recent federal income tax statements. Referrals to the IRS may be made for confirmation of income statements. W here reasonable doubt regarding income exists, a referral to IRS information will be made for confirmation on a case-by-case basis.
D Use of HUD’s Enterprise Income Verification (EIV) System
HUD’s EIV system contains data showing earned income, unemployment benefits, and social security benefits and SSI benefits for participant families. HUD requires the PHA to use the EIV system in its entirety. The process and procedures of the use HUD’s EIV system will be explained in detail in Chapter 26 of this plan.
9.1 Methods of Verification
In the order presented, WCHA will utilize the following verification methods: HUD authorizes the W CHA to use five methods to verify family information and specifies the circumstances in which each method will be used. In general HUD requires the PHA to use the most reliable form of verification that is available and to document the reasons when the PHA uses a lesser form of verification.
W CHA Policy
In order of priority, the forms of verification that the WCHA will use are:
Up-front Income Verification (UIV)
Review of Documents
Third-party Written Verification
Third Party Oral Verification
Self-Certification
Each of the verification methods is discussed in subsequent section below. Chapter 26 contains an excerpt from the notice that provides guidance with respect to how each method may be used.
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A Third-Party Verification: 1. Third-party verification is considered to be the most effective means of
verifying information provided by the family. Verification forms will be sent by mail to the appropriate third party with a request that the form be returned via mail. It is the intent of WCHA that the form shall never pass through the hands of the family.
2. The verification shall be in written form with a statement signed by the family
permitting the source to release the requested information.
3. Oral verification will be obtained through a phone call to the source or via an “in person” meeting. When third-party oral verification is used, staff will be required to complete a form noting the person they spoke with, the date of the conversation, and the nature of the conversation. All relevant facts will be documented on this form.
4. The request for third-party verifications will be mailed by WCHA directly to the
third- party source, and will request that the verification be returned to WCHA by mail.
5. When WCHA uses oral third-party verification, the form “Document Viewed or Person
Contacted” will be filled out by the staff person.
B Use of Computer Printouts:
1. Many agencies currently use computer-generated forms to respond to an WCHA request for “third-party written verification”. WCHA may accept such computer forms as documentation of third-party written verification. Entities known to use such forms may include (but are not limited to):
1. In the event that neither third-party written nor oral verification is possible, staff will
request that the family bring in actual documents at the time of the application.
2. All such documents, excluding government checks, will be photocopied and retained in the family’s file.
3. W here “review of documents” occurs and forms cannot be photocopied, staff viewing
document(s) will be required to complete a “Document Viewed” form.
4. It is important that government checks never be photocopied! The “Document Viewed” form will be used to record the check verification.
D Family Affidavit:
1. When verification cannot be effectuated by either third-party verification or review of
documents, families will be required to submit a statement of affidavit.
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2. Affidavits are only to be used as a last resort, when the other forms of verification are impossible to obtain. A non-affidavit family statement as a form of verification is not acceptable.
3. When reasonable effort is being made by the family to obtain documents needed for
verification, an affidavit may be used for allowances and deductions. W here there is no reasonable effort being made, the expense will be disallowed.
4. A family cannot self-certify disabled status.
9.2 Release of Information- Family Consent to Release of Information [24 CFR 982.516
AND 982.551, 24 CFR 5.230]
The family must supply any information that WCHA or HUD determines is necessary to the administration of the program and must consent to PHA verification of that information [24 CFR 982.551].
Consent Forms It is required that all adult applicants and participants sign form HUD-9886, Authorization for Release of Information. The purpose of form HUD-9886 is to facilitate automated data collection and computer matching from specific sources and provides the family's consent only for the specific purposes listed on the form. HUD and W CHA may collect information from State W age Information Collection Agencies (SW ICAs) and current and former employers of adult family members. Only HUD is authorized to collect information directly from the Internal Revenue Service (IRS) and the Social Security Administration (SSA). Adult family members must sign other consent forms as needed to collect information relevant to the family’s eligibility and level of assistance.
A At the application stage, all adults 18 years of age and older or emancipated minors will
be asked to sign appropriate verification forms, as well as a blanket authorization Form 9886 Form. Each member so requested to consent to the release of information will be provided with a copy of the appropriate forms for their review and signature.
B Each and every verification form will contain the appropriate family member’s signature
as proof of:
1. Their consent to the “third party” for release of specified information; and
2. Evidence of their understanding of the type/nature of information being sought.
C Family refusal to cooperate with the HUD prescribed verification system will result in the termination of the household’s application and will result in ineligibility status.
Penalties for Failing to Consent [24 CFR 5.232] If any family member who is required to sign a consent form fails to do so, WCHA will deny admission to applicants and terminate assistance of participants. The family may request an informal review (applicants) or informal hearing (participants) in accordance with the WCHA procedures.
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9.3 Computer Verification
A Where allowed by HUD and/or other state or local agencies, computer matching may be done.
B W here computer printouts are a feasible method of verification, those sources will be
utilized.
9.4 Items to be verified
A Include
1.
the following: All income not specifically excluded by the regulations.
2.
Full-time student status, including High School students 18 years and over.
3.
Current assets, including assets disposed of for less than fair market value in the preceding two years. W CHA may exercise the option to exclude small assets (under $5,000 total) from third-party verification requirements.
4.
Childcare expense allowing an adult family member to be employed or to further their education.
5.
Total medical expenses of all family members in households whose head or spouse is elderly or disabled.
6.
Disability assistance expenses, including only those costs associated with attendant care or auxiliary apparatus, which allow an adult family member to be employed.
7.
Identity of all family members.
8.
Disability for determination of preferences, allowances or deductions.
9.
U. S. citizenship/eligible immigrant status.
10. Social Security numbers for all family members.
11. “Preference” status.
12. Familial/marital status when needed for household head or spouse definition.
13. Information for the family requesting a larger unit than applicable under W CHA’s Subsidy Standards (required for “medical purposes” or other extenuating circumstances).
9.5 Minimum Income
A No family, whose annual income exceeds the applicable income limits as set by HUD,
shall be eligible for admission to the HCVP and related programs.
B Families assisted under the HCVP must pay a monthly minimum total tenant payment of not less than $50.
C Families who report no income will be referred to TANF/General Relief for application of assistance. If the family chooses not to apply, the amount the family could have qualified for will be used to determine their Total Tenant Payment (TTP).
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9.6 Acceptable Forms of Verification
A Specific information must be obtained from third-party sources to verify the information provided by the family. The following verification information will be considered acceptable by W CHA in the order listed.
B Employment Income:
1. All verification forms MUST request the employer to specify the following information:
a. Date(s) of employment form completed by the employer; b. Amount and frequency of pay; c. Effective date of the last pay increase; d Probability and effective date of any increase during the next 12 months; e Year to date earnings; and f. Estimated overtime, tips, and bonus pay expected during the next 12 months.
2. Acceptable forms of verification include (in this order):
a. Employment verification. b. Check stubs or earning statements showing employee’s gross pay per
pay period and frequency of pay. c. W-2 forms if family has had the same job for at least two years and
pay increases can be accurately projected. d. Affidavits or income tax returns signed by the family describing self-
employment and amount of income or income from tips and other gratuities.
C Social Security, Pensions, Supplementary Security Income (SSI), Disability Income:
The WCHA will use a SSA benefit verification letter provided by the family or an EIV income report that displays the social security benefit amount as the third party verification. No additional verification will be conducted by the WCHA.
In the case of applicants, the WCHA will request that the applicant provide a benefit verification letter dated within the last 60 calendar days for each family member that receives social security and/or supplemental security income. If the family does not have a current benefit letter:
The W CHA will assist the applicant in obtaining a proof of income for all applicable family members from the SSA website, Social Security Online at www.socialsecurity.gov, or
The WCHA will ask the applicant a proof of income for all applicable family members from the SSA toll free number (800-772-1213).
D Unemployment Compensation:
1. Acceptable forms of verification include:
a. Verification form or computer printouts completed by the unemployment compensation agency.
b. Records from unemployment office stating payment dates and amounts.
E Welfare:
1. Acceptable forms of verification include: a. For all Welfare Programs, the Welfare or Social Services agency’s written
statements as to type and amount of assistance the family is now receiving, and any changes in assistance expected during the next 12 months.
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F Alimony or Child Support Payments:
1. Acceptable forms of verification include: a. Copy of a separation of settlement agreement or a divorce decree stating amount
and type of support and payment schedules; b. Printouts from the Districts Attorney’s office and the Social Services office for the
disregard payment; c. A notarized statement from the person paying the support; d. Copy of latest check – WCHA must record the date, amount, and number of the
check; e. Family’s notarized statement or affidavit of amount received or statement that
support payments are not being received with a statement addressing the likelihood of support payments being received in the future;
2. If payments are irregular forms of verification will include:
a. Copy of separation or settlement agreement or a divorce decree stating amount and type of support and payment schedules.
b. Statement from agency responsible for enforcing payments to show that family has filed.
c. Family’s affidavit of amount received.
G Net Income from a Business:
1. The following documents show income for the prior years. W CHA must consult with families and use any of the following methods to estimate income for the next 12 months: a. IRS Tax Return, Form 1040, including any: b. Schedule C (Small Business) c. Schedule E (Rental Property Income) d. Schedule F (Farm Income) e. Calculation of depreciation expense, computed using straight-line depreciation
rules (required when accelerated depreciation was used on the tax return or financial statement)
f. Audited or un-audited financial statement(s) of the business g. Loan application listing income derived from the business during the previous 12
months h. Documents such as manifests, appointment books, cashbooks, bank statements,
and receipts will be used as a guide for the prior 12 months (or lesser period if not in business for 12 months) to project income for the next 12 months (the family will be advised to maintain these documents in the future if they are not available)
i. Family’s affidavit as to net income, including tips, realized from the business during previous years
H Child Care Business:
1. If a family is operating a licensed day care business and has been operating as a
business, income will be verified as with any other business. 2. If the family is operating a “cash and carry” operation (which may or may not be
licensed) verification of income received may be more difficult.
a. WCHA will require that the family be required to provide a form that shows: name of person whose child is being cared for, phone number, number of hours child is being cared for, method of payment (check/cash), and signature of person certifying to amounts paid for childcare.
3. If the family has filed a tax return, the family will be required to provide it.
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4. WCHA may conduct an interim review and have the family provide a log with the following information: name, address and telephone number of the parent whose child is being cared for, hours per week and rate paid for childcare, and type of payment (cash or check). In cases where childcare was terminated, a signed statement as to effective date of termination from the parent whose child was cared for is required. If childcare services were terminated, a third-party verification will be sent to the parent whose child was cared for.
I Recurring Contributions and Gifts (Considered only if received for a period of a
year or more or will be received for a period of a year or more)
1. Acceptable forms of verification include: a. Family’s notarized statement or affidavit that provides the required information. b. Notarized statement or affidavit signed by the person providing the assistance.
(this statement must give the purpose, dates and value of gifts and or contributions reviewed)
J Family Assets Now Held:
1. For non-liquid assets, sufficient information is required to determine the current cash
value, or the net amount the family would receive if the asset were converted to cash. These include: a. Verification forms, letters, or documents from a financial institution, broker, etc. b. Passbooks, checking account statements, certificates of deposit, bonds, or
financial statements completed by a financial institution or broker. c. Quotes from a stockbroker or realty agent or a listing in the W all Street Journal
as to the net amount family would receive if the securities or real estate were liquidated.
d. Real estate tax statements, if tax authority uses approximate market value. e. Copies of closing documents showing the selling price, the distribution of the
sales proceeds and the net amount to the Section 8 HCV recipient. f. Appraisals of personal property held as an investment. g. Family’s notarized statements or signed affidavits describing assets or cash held
at the family’s home or in safe deposit boxes. h. Net income from a business.
K Assets Disposed of for Less than Fair Market Value during Two
Years Preceding Effective Date of Certification or Recertification:
1. For all certifications and re-certifications, W CHA will obtain the Family’s certification as to whether any member has disposed of assets for less than fair market value during the two years preceding the effective date of the certification or recertification.
2. In cases where the family certifies that they did dispose of assets for less than fair
market value this certification should include: a. All assets disposed of for less than fair market value; b. The date they disposed of the assets; c. The amount the family received; and d. The assets’ market value at the time of disposition.
L Savings Account Interest Income and Dividends:
1. Acceptable forms of verification include:
a. Account statements, passbooks, certificates of deposit, etc., if they show enough information and are signed by the financial institution.
b. Broker’s quarterly statements showing value of stocks or bonds and the earnings credited to the family.
c. If WCHA accepts an IRS Form 1099 from the financial institution, WCHA
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must adjust the information to project earnings expected for the next 12 months.
M Interest Income from Sale of Real Property Pursuant to a Purchase Money Mortgage, Installment Sales Contract, or Similar Arrangement:
1. Acceptable forms of verification include:
a. A letter from an accountant, attorney, real estate broker, the buyer, or a financial institution stating interest due for next 12 months. It should be noted that a copy of the check paid by the buyer to the family is NOT sufficient verification, as an appropriate breakdown of interest and principal are not included.
b. Amortization schedule showing interest for the 12 months following the effective date of the certification or recertification.
N Rental Income from Property Owned by Family:
1. One or more of the following are required to verify rental income for property owned
by the family. The amounts reflected in these sources are subject to adjustment by WCHA staff based upon expected changes in the next 12 months. a. IRS Form 1040 with Schedule E (Rental Income). b. Copies of latest rent checks, leases, or utility bills. c. Documentation of family’s income and expenses in renting the property (tax
statements, insurance premiums, receipts for reasonable maintenance and utilities, bank statements or amortization schedules showing monthly interest expense).
d. Lessee’s written statement identifying monthly payments due the family and family’s affidavit as to net income realized.
O Full-Time Student Status:
1. Acceptable forms of verification include:
a. To receive full-time status participant must supply school transcript (available after completion of first semester).
b. If transcript is not available, student registration or written verification from the registrar’s office, or appropriate school records indicating enrollment for sufficient number of units or other criteria to be considered a full-time student by the college, university, or other educational institution.
c. The student must carry twelve (12) or more units per semester/quarter as defined by the standards and practices of the educational institution attended.
P Childcare Expenses:
1. Acceptable forms of verification include:
a. Written verification from the person who receives the payments. If the childcare
provider is an individual, they must provide their Social Security Number and an affidavit of the amount they are charging the Section 8 HCV family for their services.
b. Verifications must specify the childcare provider’s name, address, phone number, Social Security Number, the names of the children cared for, and the frequency (number of times the baby sitting occurs), the rate of pay, and the typical yearly amount paid, including school and vacation periods.
c. Family’s certification as to whether any of those payments have been or will be paid or reimbursed by outside sources.
Q Medical Expenses:
1. Acceptable forms of verification include:
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a. Family’s certification as to whether any of those payments have been or will be reimbursed by outside sources.
b. Written verification by a doctor, hospital or clinic personnel, dentist, pharmacist, etc., of: i) the estimated medical costs to be incurred by the family and of regular
payment due on medical bills; and ii) the extent to which those expenses will be reimbursed by insurance or a
government agency.
2. The insurance company, or employer’s written confirmation of health insurance premiums to be paid by the family.
3. Social Security Administration’s written confirmation of Medicare premiums to be paid
by the family over the next 12 months.
4. For attendant care: a. Doctor’s certification that the assistance of an attendant is medically necessary
including diagnosis; prognosis; exact duties the attendant will perform and how often; and necessary medical equipment, if applicable.
b. Attendant’s written confirmation of hours of care provided and amount and frequency of payments received from the family or agency (or copies of canceled checks the family used to make those payments).
c. Family’s certification as to whether any of those payments have been or will be reimbursed by outside sources.
d. Receipts, canceled checks, or pay stubs that indicate health insurance premium costs, etc., verifying medical costs and insurance expenses also likely to be incurred in the next 12 months.
5. Copies of payment agreements with medical facilities, or canceled checks that verify
payments made on outstanding medical bills that will continue over all or part of the next 12 months.
6. Receipts or other records of medical expenses incurred during the past 12 months that
can be used to anticipate future medical expenses. W CHA may use this approach for “general medical expenses” such as non-prescription drugs and regular visits to doctors or dentists, but not for one-time, non-recurring expenses from the previous year. a. Medical insurance deductible amounts may be used as a medical expense if the
total medical expenses exceed this deductible amount. b. WCHA will use mileage at the IRS rate or cab receipts or bus fare itemization
with to/from addresses listed for verification of the cost of transportation directly related to medical treatment.
R Medical Need for Larger Unit:
1. A licensed medical professional must certify that such arrangements are medically
necessary. The licensed medical professional must verify: diagnosis, prognosis, exact duties the attendant will perform and how often, and, if applicable, necessary medical equipment. In cases where a larger unit is required for medical equipment only, the size and dimensions of the required equipment must be included in the certification that substantiates the need for an additional room.
S Assistance to Disabled:
1. Attendant Care:
a. Attendant’s written certification as to: amount received from the family or agency; frequency of receipt of amounts paid; hours of care provided; and/or copies of canceled checks family used to make those payments.
b. Certifications required in paragraph 3(b) below and/or copies of canceled checks
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family used to make those payments.
2. Auxiliary Apparatus: a. Receipts for purchases of, or evidence of monthly payments for, auxiliary
apparatus. b. In the case where the disabled person is employed, a statement from the
employer that the auxiliary apparatus is necessary for employment.
3. In All Cases: a. Written certification from a doctor or a rehabilitation agency that the disabled
person requires the services of an attendant or the use of auxiliary apparatus to permit the disabled person to be employed or to function sufficiently independently to enable another family member to be employed.
b. Family’s written certification as to whether they receive reimbursement for any of the expenses in paragraph 1 and 2 above and the amount of any reimbursement received.
T Preferences:
1. WCHA will use leases, utility bills, employer records, school records, driver’s licenses,
voter’s registration records, Social Service Administrative records, or credit reports to verify residency.
2. Displacement by Governmental Action:
a. WCHA will use referrals from member governmental bodies to verify displacement.
3. Veteran Status:
a. WCHA will use the Statement of Service issued by the military, Form DD214.
4. Working Families: a. W CHA will use employment records, previous year’s federal tax forms or other
means to verify the employment status of potential candidates. 9.7 Verifying Factors of Eligibility
A Family Composition/Identity:
1. Certification will normally be considered sufficient verification of family composition. In cases where reasonable doubt exists regarding specific family members, the family may be required to provide copies of the documents listed below in this section.
2. The following types of verification will be acceptable as methods to document
families’ statements regarding family status. There must be verification that the person exists in the household, therefore items such as birth certificates or other evidence that the person is included in the household must be submitted.
3. Verification for adults include more than one of these forms:
a. Certification of Birth naturalization papers b. Health and Human Services ID c. Church issued baptismal certificate d. Social Security ID e. Current, valid driver’s license f. Hospital records g. U. S. military discharge (DD214) h. Voter’s registration i. U. S. passport j. Department of Motor Vehicles Identification Card
4. Verification for minors include more than one of these forms:
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a. Certificate of Birth b. Adoption papers c. Custody agreement d. School records e. Health and Human Service
5. If none of the above documents can be provided, a third party who knows the person
may be used for verification.
6. If no legal records can be obtained to verify birth date, a notarized statement may be accepted to verify birth date if accompanied with an explanation of the reasons why such birth date documentation cannot be obtained.
7. Verification of the exception granted for a battered spouse in a split household
situation is described in Chapter 4, Eligibility, of this document.
8. Verification of guardianship includes: a. Court-ordered assignment b. Notarized declaration of parent c. Verification from Social Services Agency d. School records
9. It should be noted that some households may appear to consist of two families. In
cases where a recipient has (e.g. mother and father and daughter with her own family) applied as a single family, they will continue to be considered as one family as long as they claim to be a single family and meet the family definition.
B Verification of Marital Status:
1. This verification is required to determine spouse for purposes of income, deductions
and non-citizen status.
2. Verification of divorce status is a certified copy of the divorce decree, signed by a Court Officer.
3. Verification of a separation may include a copy of court-ordered maintenance other records or a notarized statement from spouse when all legal or statements from separated spouse cannot be obtained.
4. Verification of marriage status is a marriage certificate.
C Familial Relationships:
1. The following verifications will be required, as applicable:
a. Verification of relationship: i) Official identification showing names ii) Birth certificates iii) Baptismal certificates
b. Verification of guardianship: i) Court-ordered assignment ii) Affidavit of parent iii) Verification from Social Services Agency iv) School records
c. Evidence of a stable family relationship: i) Joint bank accounts or other shared financial transactions ii) Leases or other evidence of prior co-habitation iii) Credit reports showing relationship
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D Live-In Attendant:
1. To determine whether a live-in attendant is “essential to the care and well being of the elderly or disabled person,” W CHA will request third-party verification(s) from a licensed medical professional familiar with the needs of the applicant requesting WCHA ’s approval of a live-in attendant. The request will seek precise information as to the services and time required by the applicant from the live-in attendant in order to enable the applicant to meet the bedroom size requirement, including diagnosis; prognosis; exact duties to be performed by attendant, when, and how often.
2. Reasonable accommodation will be made in the verification process for disabled
persons.
3. A Family may include a live-in attendant who: a. Is needed or essential to the care and well-being of the elderly or disabled family
member for periods that include overnight care. A medical statement is required, and must include the type of care that will be provided, when the care is needed, and the time spent on each duty; and
b. Is not obligated for the support of the elderly or disabled member; and c. Would not be living in the unit except to provide care of the elderly or disabled
family member; and d. Whose income will not be counted for purposes of determining eligibility or rent;
and e. May not be considered the remaining member of the tenant’s family. f. Must submit required identification (and driver license/state issued identification
card, Social Security card, birth certificate, alien registration card). g. Must be a legal resident in the U.S.A.
4. At any time, W CHA may refuse to approve a particular person as in live-in-aide, or
may withdraw such approval, if the person: a. Commits fraud, bribery or any other corrupt or criminal act in connection with any
federal housing program. b. Commits drug-related criminal activity or violent criminal activity. c. Currently owes rent or other amounts to W CHA or to another PHA in connection
with Section 8 HCV or public housing assistance under the 1937 Act.
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5. Relatives are not automatically excluded from serving as care attendants. However, these individuals must meet the definition described above.
6. When a live-in attendant is added to the household, WCHA must perform a criminal
history check that includes, a background check for a registered sex offender. WCHA will comply with federal, state and local requirements concerning sex offender status.
7. Live-in attendant needs to be available according to the type of care and time
specified for each duty on the medical statement.
8. Live-in attendants cannot be the remaining members of the tenant family if the person they are attending is no longer a participant on the HCV program.
9. Family members of a live-in attendant may also reside in the unit, providing doing so does not increase the subsidy by the cost of an additional bedroom and further provided that the presence of the live-in’s family members do not overcrowd the unit.
E Multiple Live-In Attendants:
1. A family may have multiple attendants who work separate shifts provided that doing
so does not increase the subsidy by the cost of an additional bedroom. a. NOTE: For further information refer to Eligibility for Admission in Chapter 4 of this
document.
F Special Family Circumstances:
1. Absence of Spouse: a. If the spouse leaves the household and the period of time is less than 90 days,
the family member will be determined temporarily absent unless one of the following verifications are provided (in order of preference): i) Husband or wife institutes divorce action. ii) Husband or wife institutes legal separation. iii) Order of protection (e.g. restraining order). iv) Acceptable proof of absence, which includes verification that the absent
spouse is living in another location (e.g. utility bills, canceled checks for rent, driver’s license or lease or rental agreement in their name at another location or employment verification of their home address).
v) If proof cannot be provided, as indicated above, WCHA will consider statements from other agencies such as the Social Services Agency or from the owner or manager of the assisted unit.
vi) If no other proof can be provided, WCHA will accept a notarized statement from the family.
vii) If the spouse is incarcerated, a document from the court or prison or a statement from their attorney or Probation Officer should be obtained as to how long they will be incarcerated.
2. Absence of Adult Family Member Other than Spouse:
a. If the person leaves the household and the period of time is less than 90 days, the family member will be determined temporarily absent unless one of the following verifications are provided (in order of preference): i) Order of protection (e.g. restraining order) ii) Acceptable proof of absence which includes verification that the absent
person is living in another location (e.g. utility bills, canceled checks for rent, driver’s license or lease or rental agreement in their name at another location or employment verification of their home address)
iii) If the above information cannot be provided, WCHA will consider statements from other agencies such as the Social Services Agency or
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from the owner or manager of the assisted unit. iv) If no other proof can be provided, W CHA will accept a
notarized statement from the family. v) If the person leaving the household is incarcerated, a document from the
court or prison or a statement from their attorney or Probation Officer should be obtained as to how long they will be incarcerated.
3. Absence of Adult Children:
a. If the person leaves the household and the period of time is less than 90 days, the family member will be determined temporarily absent unless one of the following verifications are provided (in order of preference): i) Order of protection. ii) Acceptable proof of absence, which includes verification that the absent
person is living in another location (e.g. utility bills, canceled checks for rent, driver’s license or lease or rental agreement in their name at another location or employment verification of their home address)
iii) If the person leaving the household is incarcerated, a document from the court or prison or a statement from their attorney or Probation Officer should be obtained as to how long they will be incarcerated.
iv) If the above information cannot be provided, WCHA will consider statements from other agencies such as the Social Services Agency or from the owner or manager of the assisted unit.
v) If no other proof can be provided, WCHA will accept a notarized statement from the family.
G Visitors:
1. Acceptable proof of an alternate residence of a person who claims to be a visitor, includes utility bills, or canceled checks for rent with the in their name of this individual included.
H Social Security Number:
The family must provide documentation of a valid social security number (SSN) for each member of the household, with the exception of individuals who do not contend eligible immigration status. Exemptions also include, existing program participants as of January 31, 2010, who have either previously disclosed social security numbers that HUD has determined to be valid or are 62 years of age or older and had not previously disclosed a SSN.
1. Verification of Social Security numbers will be done though the provision of a valid
Social Security card issued by the Social Security Administration
2. If an applicant or family member cannot produce his or her Social Security card, military records or identification cards showing his or her Social Security Number may be used for verification.
3. Otherwise, the family member must apply for a duplicate Social Security card for
verification purposes.
4. New family members will be required to produce their Social Security card at the time of their admission or provide the substitute documentation described above together with their certification that the substitute information provided is complete and accurate. This information is to be provided at the time the change in family composition is reported to WCHA, whether at the time of the annual or requested interim reexamination.
5. If an applicant or participant is able to disclose the Social Security number, but cannot meet the documentation requirements, the applicant or tenant must sign a certification to that effect provided by WCHA.
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6. The applicant/participant or family member will have an additional sixty calendar days to provide proof of the Social Security number. If they fail to provide this documentation, the family’s assistance will be terminated.
7. In the case of an elderly individual at least 62 years of age, WCHA may grant an
extension for an additional sixty calendar days (total 120 calendar days). If at the end of this time, the elderly individual has not provided documentation, the family’s assistance will be terminated.
WCHA may only reject documentation of a SSN provided by an applicant or participant if the document is not an original document, if the original document has been altered, mutilated, or is not legible, or if the document appears to be forged.
I History of Drug and/or Violent Criminal Background:
1. All adult family members may have their criminal history reviewed by WCHA. This
record will be used to establish compliance with HUD regulations on the issuance and continued assistance for HCVP Assistance
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CHAPTER 10: BRIEFING OF FAMILIES AND ISSUANCE OF HOUSING CHOICE VOUCHERS
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Chapter 10. Briefing of Families and Issuance of Housing Choice Vouchers 10.0 Housing Choice Voucher Briefing
A Purpose of the Briefing:
1. Families to be initially issued Housing Choice Vouchers (HCV) are required to attend
briefing sessions conducted in either group sessions or individually.
2. Notice is given to families that the issuance of HCVs must adhere to the dollar limitations set by the budget.
3. To review and discuss the HCV holder’s packet of materials in order to fully inform
the family about the HCVP so that they will be able to discuss it with potential participating owners and to inform the family of their rights and responsibilities.
B Briefing Attendance Requirement:
1. All families are required to attend the briefing when they are initially issued a HCV.
No HCV will be awarded unless the household member, or their proxy who has been designated in writing, has attended a briefing.
2. Families will be notified that if they are unable to attend the briefing, it will be
rescheduled, provided the family contacts W CHA prior to the briefing time and date.
3. Failure to attend a scheduled briefing will result in a notice being sent to the family,
with a requirement to respond within 15 calendar days. If the family responds to the notice, they are scheduled for the next briefing.
4. If the family does not respond to the notice, the family is sent a notice of ineligibility
for failure to supply information needed for certification or recertification and will be removed from further consideration.
5. Families must report changes in circumstances and changes will be recalculated.
The family is requested to sign the HCV at the briefing.
C Format of the Briefing:
1. An WCHA staff member will conduct the briefing of HCV holders on a group or individual basis.
2. In both the group and individual briefings, families are given an opportunity to ask
questions.
D General Policies:
1. In addition to the briefing requirements that are to be covered as determined by HUD regulations, the following items shall be discussed thoroughly in the briefing session. a. Collection of the security deposit and any special terms provided for the payment
of the deposit shall be between owner and tenant. WCHA is not responsible for damages or amount of security deposits.
b. Information shall be included to explain that rents are calculated by use of the HCV Payment Standard in the HCVP. WCHA shall also explain the tenant’s responsibilities regarding increased rent payments when a family elects to rent a
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property where the rent is more than the combined total of the HCV subsidy allowed and their tenant payment in the HCVP.
c. The conditions in the lease under which the owner may terminate tenancy and the conditions under which assistance for the program may be terminated by WCHA .
d. WCHA will inform families that WCHA may refer suspected program abuse to the State Attorney’s office for investigation. Families will be informed that the filing of criminal charges may result.
E Assistance to HCV Holders:
1. Families who require additional assistance during their search for a unit may call
WCHA staff. In addition, WCHA will provide a list of vacant units referred to WCHA by owners interested in participating in the HCVP.
2. HCV holders are notified at their briefing session that WCHA periodically updates
the listing of available housing units and are invited to pick up the updated list from the WCHA office. Additional assistance is provided upon request as needed.
3. WCHA will assist families with rent negotiations with owners in the Housing Choice
Voucher Program if requested by families. WCHA will also provide any other recommendations relative to the families’ needs for housing.
F Household Obligations under the HCVP:
1. Generally, under the HCVP, the relationship between tenant and owner is the same
as in the private housing market.
2. However, once a household receives HCVP assistance, they have the following additional obligations. The assisted family must comply with the obligations described in the Code of Federal Regulations.
3. Procedurally, there are several concerns in meeting these obligations. The family
must: a. Find a rental unit, which is the correct size (for the HCVP within Voucher
Standard prescribed by regulation); b. Submit and sign the HUD-required forms, such as the HUD 9886 Authorization
for Release form; c. Turn in proper forms to WCHA within 60 days so that the unit may be approved; d. Keep appointments set by WCHA for determination of continued eligibility; e. Notify WCHA in a timely manner, of changes in household composition
and changes in income and assets. f. Report changes as specified in the Administrative Plan and as notified of at the
briefing or recertification. Any increase in income will result in a difference in tenant portion of rent.
10.1 Security Deposit Requirements
A WCHA is not responsible for damages on contracts entered by the tenant and owner.
The amount, method of collection, and distribution of security deposits, if any, are strictly a matter between owners and tenants.
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10.2 HCV Issuance A At the close of the briefing session, each household will receive a HCV, which is a
contract between WCHA and the family, specifying the rights and responsibilities of each party.
B The number of HCVs issued must ensure that WCHA stay at maximum lease-up.
Therefore, WCHA will maintain monthly reports to determine when applications should be taken, the number of HCVs to be issued based on turnover statistics, and available funding.
C Expirations:
1. The HCV is valid for a period of sixty (60) calendar days from the date of issuance.
Prior to expiration, the family may contact WCHA to inquire about assistance and WCHA will provide the family assistance in locating suitable housing.
2. The family must submit a Request for Tenancy Approval (RTA) within this time period
unless an extension has been granted by WCHA .
D Extensions:
A family may request an extension of the HCV time period. All requests for extensions should be received at least 15 calendar days prior to the expiration date of the HCV and must provide verification for the medical, extenuating circumstances or other reason that the tenant has not been able to utilize the HCV over the last 60 days. WCHA may extend the HCV for medical, extenuating circumstances or reasonable accommodation purposes for a maximum period of one hundred and twenty (120) days from the date of issuance. WCHA will review this request and may approve or deny said request in writing.
Based on Section 504 Regulations, as a Reasonable Accommodation for families with a member who is disabled, the following will apply:
If a family with a member who is disabled requests in writing an extension beyond the maximum 60-day limit, and makes such request within the 60 day limit, Wakulla County Housing will extend that Voucher for another 60 days.
Before the 120th day, if a request is made in writing, Wakulla County Housing will grant another extension of 30 days for the following reasons and may consider extensions for other reasons not here listed:
• extenuating circumstances, such as death or illness, which prevent the family from finding a unit;
• the family submits "Request(s) for Tenancy Approval(s) which are denied by Wakulla County Housing or our Agent, or the units fail;
• the family size, other special accommodations (e.g., disabled family member needs an accessible unit) or market condition makes finding a unit difficult.
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CHAPTER 11: PORTABILITY AND MOBILITY
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Chapter 11. Portability and Mobility 11.0 Portability
A Housing Choice Voucher Program (HCVP) participants have the option of residing within
the jurisdiction of the Housing Authority (HA) that issued their HCV (the Initial HA) or relocating to the jurisdiction of another Housing Authority (Receiving HA) anywhere in the United States. This is referred to as portability.
B WCHA as the Initial Housing Authority
1. HCVP participants who receive their HCV from WCHA can move with their assistance
outside of WCHA ’s jurisdiction. Restrictions to this portability feature are: a. An WCHA HCVP participant, who has entered into a Repayment Agreement with
WCHA and has a current outstanding balance, may not move outside WCHA’s jurisdiction under portability until the remaining balance has been paid in full.
b. An WCHA HCVP participant may not move under portability until any money they owe to their owner/landlord for unpaid rent or damages has been paid in full.
2. Portability procedures to move outside WCHA ’s jurisdiction:
a. An WCHA HCVP participant must submit a written request to transfer their HCV assistance to another HA outside Wakulla County. Such request must include the name and address of the Receiving HA, or where the “portability transfer packet” will be sent.
b. In order to process a participant’s request for portability, WCHA will require: i. A copy of the tenant’s notice to vacate or a mutual rescission from the
tenant and owner to verify the tenant is in good standing (does not owe money for unpaid rent or damages). After receiving notification, WCHA will complete the termination and discontinue Housing Assistance Payments to the tenant’s current owner.
ii. WCHA will send the receiving HA a “portability packet” notifying the HA that an eligible W CHA HCVP participant has requested portability into their jurisdiction.
iii. The receiving HA has the option of: 1) Administering WCHA ’s HCV issued to the portability family; or 2) Absorbing the W CHA participant into their HCVP, releasing the HCV for W CHA to reissue.
iv. The Receiving HA is required by HUD to notify W CHA of the status of the portability tenant prior to the expiration date of the HCV and include the decision to administer the HCV or absorb the tenant. If W CHA has not received notification of a new lease/contract prior to the expiration date of the HCV, WCHA will terminate the HCV for the portability family, and reissue it to the next eligible name on the Waiting List.
C WCHA as the Receiving Housing Authority
1. HCVP participants who receive their HCV from another HA can move with their
assistance into WCHA ’s jurisdiction.
2. WCHA has the option of: 1) absorbing a portability family into WCHA ’s HCVP; or 2) administering the initial HA HCV and billing the initial HA for reimbursement of HAP to an owner. W CHA will notify the Initial HA prior to the expiration date of the HCV of WCHA ’s intent to administer the HCV or absorb the tenant.
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3. As a general practice, WCHA will administer portable HCVs in order to reserve its available HCVs for applicants on W CHA ’s Waiting List. At management discretion, WCHA may exercise its option to absorb incoming portability families during brief periods when WCHA has HCV available and is not immediately able to lease a sufficient number of WCHA participants to optimize program utilization.
4. WCHA will process the HCV from an initial HA under portability procedures
as follows: a. Review incoming portability packet to determine that the following required
documents have been included: i) Completed HUD billing form 52665 ii) HUD Family Report 50058 iii) Current income verification iv) Initial HCV with current issue and expiration dates
b. A portable packet with missing required documents or with an expired HCV will not be processed further. WCHA will not extend the expiration date of an initial HCV for a portable family. WCHA will notify the portable family and refer them back to their initial HA. WCHA will notify the initial HA that the portability packet will be returned.
c. For portable HCV received with 30-days or less prior to the HCV expiration, WCHA will advise the family that the remaining time left before their HCV expires may not be sufficient time to allow them to locate and lease an eligible unit.
5. Upon successful completed review, portability packets meeting HUD requirements
will be processed. WCHA will schedule an initial interview for the portable family to: a. Verify and update family income. b. Verify family composition and determine eligible HCV bedroom size based on
WCHA occupancy standards. c. Inform the portable family of HUD portability regulations and WCHA policies
and procedures. d. Provide leasing information that includes WCHA Payment Standards, the
current referral list of vacant units, and the recommended rent range the family can use in searching for an eligible rental unit.
e. Obtain required signatures of all adult family members on required documents, including notification of a criminal background check to be conducted on all adult members of household.
f. Provide a copy of the current Utility Allowance Schedule. g. Inform family of WCHA policy of minimum $50 total tenant payment (TTP)
for zero income reported on HUD form 50058.
6. Leasing procedures for portability will include the following: a. WCHA will schedule an HQS move-in inspection within 15 days after a portable
family submits an approved Request for Tenancy Approval (RTA). b. WCHA must receive an approved Request for Tenancy Approval (RTA) from the
portable tenant prior to the expiration date of their HCV. c. An RTA submitted for a unit that will not be available or ready for a move-in
inspection for more than 14 days may not be approved if the HCV has 30-days or less before expiration.
d. If the unit fails the initial move-in Housing Quality Standards (HQS) inspection and repairs cannot be made timely, or time is not sufficient to schedule a second inspection to be performed prior to the expiration date of the HCV, the portable family will not be eligible for rental assistance from WCHA. The portable family will be referred back to their Initial HA and the portability packet will be returned.
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e. If an owner elects not to rent to the portable family after the expiration date of their HCV, the portable family will not be eligible for rental assistance from WCHA. The portable family will be referred back to their initial HA and the portability packet will be returned.
7. WCHA may prohibit any move by the portable family during the initial lease term and
may prohibit more than one move by the portable family during any one-year period.
8. Accounts Receivable for portable HCVs that are administered by WCHA: a. WCHA will exercise options as outlined in HUD regulations to insure the timely
collection of overdue portability accounts receivable. b. WCHA may refuse to accept additional portability families from an initial HA with
past due receivable(s) until such outstanding amounts have been resolved. 11.1 Mobility
A The Tallahassee Housing Authority and Jefferson County Housing Authority each operate
their own Housing Authority and are not within the jurisdiction of Wakulla County Housing.
B To facilitate tenant moves between HA jurisdictions and to reduce administrative costs, the three HA’s entered into a Mobility Agreement (MOU).
C This provision enables eligible program participants, with a Housing Voucher issued by
their Initial Housing Authority (HA) of Tallahassee Housing Authority and Jefferson County Housing Authority or Wakulla County, to move into the jurisdiction of another Housing Authority operating within the County of Wakulla, under modified portability regulations, known as Mobility. Tenants requesting to move under the provisions governing Mobility are identified as Mobility tenants.
.
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CHAPTER 12: LOCATING SUITABLE HOUSING
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Chapter 12. Locating Suitable Housing 12.0 Responsibility for Locating Housing
A Once a HCV has been issued, it is the family’s responsibility to locate suitable housing
within the jurisdictional limits of WCHA , excluding the jurisdictions identified in Chapter 2, of this Plan, unless they are using their HCV under the portability provisions. This means that the housing must be within the rent limitations set by WCHA , must meet Housing Quality Standards (HQS) requirements, including minimum bedroom size requirements for units.
B WCHA will maintain updated referral lists of owners who have called WCHA to list
their available units. The list will be made available to assisted families upon request.
12.1 Eligible Types of Housing
A All eligible rental housing units must have an assigned address, indicating a private
rental unit for the exclusive use of the tenant. Eligible types of housing that may be utilized under the HCVP include:
1. A single-family residence, a duplex, a triplex, apartments, townhouses,
manufactured home and high-rise apartments.
B Ineligible Housing Types cannot receive rental assistance under HUD’s HCVP (24CFR 982.352). Ineligible housing includes the following types:
1. Public Housing 2. Nursing Homes 3. Board-in-Care Facilities 4. Psychiatric Treatment Facilities 5. Jail/Prison 6. College or school dormitories 7. Rental units occupied by the property owner.
It should be noted that WCHA might permit use of any special housing type, if it is needed as a reasonable accommodation, so that the Housing Choice Voucher Program is readily accessible to and useable by persons with disabilities.
12.2 Request for Tenancy Approval
A The Request for Tenancy Approval (RTA) must be submitted prior to the expiration of
the Housing Choice Voucher. The Housing Choice Voucher shall expire at the end of 120 days unless, within that time, the family submits a RTA. W CHA may extend the Housing Choice Voucher for medical, extenuating circumstances or reasonable accommodation purposes for a maximum period of one year from the date of issuance.
B Both owner and Housing Choice Voucher recipient must sign the Request for Tenancy
Approval Form.
C The prospective Owner may be given, upon his request, the name and address of the last two owners for, which WCHA has records.
D WCHA will review the documents to determine whether or not they will be approved.
WCHA will also schedule a HQS inspection to determine that the unit meets the HQS and rent reasonableness test.
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A WCHA is required by HUD regulations to inspect each rental unit to ensure that it is
“decent, safe, and sanitary” according to Housing Quality Standards (HQS). The HQS are used to determine whether or not the unit is acceptable so the family can receive financial assistance for the rent.
B WCHA has adopted additional local requirements of acceptability defined below in
Section 13.1 of this chapter.
C No unit will be initially placed on the Housing Choice Voucher Program (HCVP) unless these standards are met. Units must also continue to meet the HQS for as long as the family remains in the unit with HCV assistance.
D Efforts will be made at all times to encourage owners to provide housing quality, which
exceeds HQS minimum standards.
E There are four types of inspections WCHA will perform:
1. Initial
2. Quality Control
3. Special
4. Annual
F The HQS will take precedence over state and/or local housing codes unless approval to apply the more restrictive code(s) has been given by HUD’s local area office.
G HUD Performance and Acceptability Standards HUD's performance and acceptability
standards for HCV-assisted housing are provided in 24 CFR 982.401. These standards cover the following areas:
• Sanitary facilities
• Food preparation and refuse disposal
• Space and Security
• Thermal Environment
• Illumination and electricity
• Structure and materials
• Interior Air Quality
• Water Supply
• Lead-based paint
• Access
• Site and neighborhood
• Sanitary condition
• Smoke Detectors
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Additional guidance on these requirements is found in the following HUD resources:
• Housing Choice Voucher Guidebook, Chapter 10.
• HUD Housing Inspection Manual for Section 8 Housing
• HUD Inspection Form, form HUD-52580 (3/01) and Inspection Checklist, form HUD-52580-A (9/00)
• HUD Notice 2003-31, Accessibility Notice: Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Architectural Barriers Act of 1968 and the Fair Housing Act of 1988.
Tenant Preference Items
HUD requires the PHA to enforce minimum HQS but also requires that certain judgments about acceptability be left to the family. For example, the PHA must ensure that the unit contains the required sanitary facilities, but the family decides whether the cosmetic condition of the facilities is acceptable.
Additional Local Requirements
The PHA may impose additional quality standards as long as the additional criteria are not likely to adversely affect the health or safety of participant families or severely restrict housing choice. HUD approval is required if more stringent standards are imposed. HUD approval is not required if the PHA additions are clarifications of HUD's acceptability criteria or performance standards [24 CFR 982.401(a)(4)].
13.1 HQS Acceptability Criteria
A WCHA adheres to the acceptability criteria in the program regulations and HUD Inspection Booklet with the following exceptions:
1. WCHA will fail unsanitary conditions were exposed food, garbage, and excrement
exist to a degree where health may be endangered.
2. If the unit was constructed prior to 1978 and the family includes a child less than six years of age, with an identified Elevated Blood Level condition indicating potential exposure to lead paint, WCHA will conduct a visual assessment for deteriorated paint. Deteriorated paint includes any painted surface that is peeling, chipping, chalking, cracking, damaged or otherwise separated from the substrata. Referrals will be made as appropriate.
For all interior deteriorated paint, Wakulla County Housing will require treatment and repainting regardless of the age of the building or age of the occupants. Inspectors will recommend landlords treat using safe work practices. When the building is older than 1978 and there is a child under the age of six expected to live in the unit, a clearance test will be required. The unit must pass the clearance test before the unit can pass inspection.
3. Widows: All units must have win d ow scree ns on all windows of the home.
If windows have hinged grills, one window per bedroom and living room must have an interior release mechanism with a permanently attached activator. No removable keys or any other removable release method is allowed.
4. Double-keyed all dwelling unit entrance and exit doors must have a single
cylinder deadbolt that does not require a key to be operated from the interior of the unit.
5. Keyed locks on interior doors are not acceptable.
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6. Microwave ovens may be substituted for an oven/stove.
7. The unit must show an address, which must be visible from the street.
8. The breaker box must have a cover to avoid exposed wiring.
9. Smoke detectors, (at least one battery-operated or hard-wired smoke detector) must be present and working on each level of the unit, including the basement, but not including the crawl spaces and unfinished attic. a. Smoke detectors must be installed in accordance with and the meet the
requirements of the National Fire Protection Association Standard (NFPA 74 or its successor standards). If any hearing-impaired person occupies the dwelling unit, smoke detectors must have an alarm system designed for hearing-impaired persons as specified in NFPA 74 (or successor standards). The tenant will pay the cost of such smoke detector.
b. If the unit was under HAP contract prior to April 24, 1993, owners who installed battery-operated or hard-wired smoke detectors in compliance with HUD’s smoke detector requirements, including the regulations published on July 30, 1992 (57 FR 33846), will not be required subsequently to comply with any additional requirements mandated by NFPA 74 (i.e. the owner would not be required to install a smoke detector in a basement not used for living purposes, nor would the owner be required to change the location of the smoke detectors that have already been installed on the other floors of the unit).
10. Water heaters must have a temperature-pressure relief valve and discharge line
(directed toward the floor or outside of the living area) as a safeguard against build up of steam if the water heater malfunctions. The discharge line must reach from the top of the tank to within six inches of the floor. If not, they are not properly equipped and shall fail. a. To pass inspection, gas or oil-fired water heaters must be vented into a properly
installed chimney or flue leading outside. Electric water heaters do not require venting. The water heater must be properly braced, anchored with metal straps to the wall. At least two (2) of the devices stated must be used.
b. If it is impossible to view the water heater, verification of safety of the system must be obtained from the owner or manager.
c. Water heaters will pass W CHA requirements if the water heater has passed a local inspection. This applies primarily to hot water that is supplied by a large- scale complex water heating system that serves multiple units (e.g. water heating system in large apartment building).
11. Adequate heat shall be considered to be 68 degrees for all rooms used for living. 12 All built-in electrical appliances/fixtures in the assisted unit must be in working
condition or must be repaired, replaced or removed. 13. All units must have a working ground-fault circuit interrupter (GFCI) protection
for all outlets in the bathroom and for all outlets above countertop in a kitchen
13.2 HQS Enforcement Following an initial inspection, Wakulla County Housing or its Agent will notify owners of items needing repair. If the owner is unwilling to make the necessary repairs, the applicant must find another unit that passes Housing Quality Standards before the Voucher expires. Families may receive assistance in a unit where repairs have not been completed only if those uncompleted repairs are not in violation of Housing Quality Standards.
For units already occupied by participants:
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Life-threatening and Emergency items affecting health and safety must be corrected within 24 to 48 hours. Life threatening items must be corrected within 24 hours. They include, but are not limited to:
• Non-working smoke detector • Hazardous electrical violation • Loss of heat during the winter months
Emergency situations must be addressed within 48 hours. Emergency situations include, but are not limited to:
• Loss of running water • Loss of hot water
Other HQS violations must be corrected within 15-30 days. Wakulla County Housing will notify the owner and tenant of the violations and the time limit within which to correct the violations.
For Tenant caused HQS violations, Wakulla County Housing will notify the tenant and the owner of the violation and the time limit within which to correct the violation. Tenant caused HQS violations are:
1. Family failure to pay for tenant-supplied utilities, 2. Family failure to provide and maintain tenant-supplied appliance, and 3. Damage caused by family or guest to unit or premises, which results in a HQS failure.
Tenants must make restitution for tenant caused HQS violations. Failure to do so could result in termination of subsidy.
13.3 Clearing Deficiencies
A WCHA will schedule a timely inspection of the unit upon receipt of a Request for Tenancy
Approval. The family and the owner will be notified of the results.
B If the unit fails the HQS inspection, the family and owner will be advised to notify WCHA once repairs are completed.
C On an initial inspection, the owner will generally be given up to 15 calendar days to
correct the items noted as “Fail” depending on the extent of the repairs that have to be made, unless there are extenuating circumstances. In any case, the owner will be required to complete the repairs by the lease start date.
D The owner may be allowed up to two re-inspections for repair work to be completed, at
the inspector’s discretion, depending on the amount and complexity of work to be done.
E If the 15 calendar days have elapsed (or the unit has failed on two re-inspections if required by the inspector) and the HCV has expired, the family may be given an amount of time equal to the date of the signed RTA and the end of the 60 days Voucher Period.
F If the HCV has not expired and the time period given by the inspector to correct the
repairs (or two failed re-inspections if required by the inspector) have occurred, the family may select another unit.
G If a unit fails at annual inspection, the family and owner will be advised to notify W CHA
once the repairs are completed. If the owner and/or tenant (if tenant caused damage or failure) do not make the required repairs or if the unit failed a second time upon re- inspection, the HAP may be terminated and the tenant notified they will be required to move to another unit.
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13.4 HQS Failure Caused by Family
A The family is responsible for HQS violations caused by the family. W CHA may terminate assistance for violations of the lease, such as:
1. Failing to pay for tenant-supplied utilities. Utilities must not be disconnected more than 15
days
2. Failing to supply appliances required by the family under the lease
3. Damaging the unit beyond normal wear and tear, including damage caused by guests or animals
4. Being evicted for serious or repeated violations of the signed lease
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14.0 Tenancy Approval and Contract Execution Process
A Upon receipt of the Request for Tenancy Approval (RTA), W CHA will:
1. Review the RTA, particularly noting the approval of the contract rent;
2. Discuss any inconsistencies or omissions with the family and the owner;
3. Check that there are no conflicts of interest;
4. Negotiate the rent amounts, if applicable; and
5. Schedule a Housing Quality Standard (HQS) inspection of the unit.
6. Only one RTA will be accepted from a family at a time.
B WCHA will endeavor to process the RTA, will contact the property owner within five
business days, and strive to complete the initial HQS inspection within 15 calendar days, whenever possible.
C The rental agreement will be approved, if:
1. The unit meets HQS and any additional standard identified in this Administrative Plan;
2. The rent is approvable and has been determined as reasonable for that unit;
3. The family will not pay more than 40% of monthly-adjusted income;
4. The proposed rental agreement complies with HUD requirements;
5. The owner, unit and family continue to be eligible; and
6. The owner has supplied a Social Security number or employer identification number.
D If the rental agreement is disapproved, the owner and family will be provided an opportunity
to correct the problem prior to a specific date established by W CHA.
E If the rental agreement is approved, final computations of total tenant payment, tenant rent, utility reimbursement payment, and Housing Assistance Payments (HAP) will be completed. The Housing Assistance Contract will be prepared for execution.
F Upon completion of the documents, the family and the owner will execute the rental
agreement (and addendum if the owner’s lease is used) and the owner and W CHA will execute the HAP Contract.
G Copies of the documents are furnished to the parties who signed the respective documents.
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14.1 DOCUMENTS SUBMITTED
A WCHA does not have a model rental agreement, owners should use their own rental agreement, and the HUD Tenancy Addendum shall be attached.
B The family shall be required to turn in the RTA prior to the expiration of the HCV.
C Owners must provide the current address of their residence (not a Post Office box).
D The owner must certify that the prospective tenants are not related to them by birth or
marriage; that they are not grandparents, parents, brother or sister or children or other interested party of the prospective owner. If this certification is found to be fraudulent, all monies received from W CHA by the owner will be forfeited and returned to W CHA , and the tenants will be terminated from W CHA ’s HCVP. An exception may be made, if approving the unit would provide reasonable accommodation for a family member with disabilities, but under no circumstances, can an owner related by blood or marriage live in the assisted unit.
E Owners must also submit proof of ownership of the property for single-family units and
condominium units. If, a management agent manages the property, proof of a management agreement is required, in addition to an executed owner Declaration.
F If this documentation is not provided, additional documentation may be required by WCHA .
G Owners who relocate will be requested to file a change of address with WCHA .
14.2 Housing Choice Voucher Payment Standard Limitations
A The Housing Choice Voucher Payment Standard is applicable for a unit on the date of RTA
approval, unless an exception rent is justifiable.
B Examples of when exception rents are justifiable include: cases when a higher rent is needed due to reasonable accommodation, and when HUD approved exception rental payment standards for higher rent areas within W CHA ’s jurisdiction are applicable. Rent Reasonableness will still be used as a measure as to whether the rent is approvable.
14.3 Rent Reasonableness Certification
A Before entering into a HAP contract and before any increase in rent to owner, W CHA shall
perform a Rent Reasonableness Certification. Such Certification shall be determined by comparison of the proposed rent to other unassisted units. To make this determination WCHA will consider the location, quality, size, unit type, and age of the contract unit and any amenities, housing services, maintenance and utilities to be provided by the owner in accordance with the Rental Agreement.
B The owner must also certify that the rent charged, an W CHA client, is no more than rent
charged by the owner for comparable unassisted units on the premises.
C WCHA may not approve a rental agreement, or an extension thereof, until it is determined that the rent is reasonable and that the owner is not charging less rent for unassisted comparable units on the premises. At all times, during the assisted tenancy, the rent to owner may not exceed the reasonable rent in comparison to other unassisted units.
D As part of the Rent Reasonableness documentation, W CHA may request the owner to
provide data on as many as three comparable units that shall consist of, at the minimum, the apartment number, the bedroom size, the contract rent, and the utilities included in the rent.
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This may be required in all buildings of two or more units. It may be required at lease-up and every time the unit is inspected.
E WCHA will maintain data for other unassisted units, which will be gathered from apartment
associations, newspapers, realtors, professional associations, and inquiries of owners and tenants.
F WCHA :
1. Must determine whether the rent is reasonable;
2. Must assist the family in negotiating the owner’s rent, if requested by the family; and
3. Determine that the family does not pay over 40% of total annual adjusted income for rent.
The tenant rent will determine eligibility.
G For the HCVP, the Rent Reasonableness determination will be used by W CHA staff to advise participants regarding units that may be inadvisable to lease.
14.4 Separate Agreements
A Separate agreements are not to be construed as illegal side payments. Families and owners
will be continuously advised of the prohibition of illegal side payments for additional rent, or for items normally included in the rent of other unassisted families.
B Owners and tenants may execute agreements for services, appliances, (other than for range
and refrigerator) and other items outside those, which are provided under the rental agreement, if the agreement is in writing and approved by W CHA . These payments are not to be construed as illegal side payments.
C Any appliance, service or other items, which are routinely provided to non-subsidized tenants,
as part of, the rental agreement (such as air conditioning, dishwasher or garage), or are permanently installed in the unit, cannot be put under separate agreement, and must be included in the rental agreement. For there to be a separate agreement, the tenant must have the option of not utilizing the service, appliance, or other item.
D WCHA is not liable for unpaid charges for items covered by separate agreements
and nonpayment of these agreements cannot be cause for eviction.
E If the tenant and owner have come to an agreement on the amount of allowable charges for a specific item, so long as those charges are reasonable, and not a substitute for higher rent, they will be allowed.
F Copies of all agreements for special items or services must be provided to W CHA .
14.5 Tenancy Approval/Disapproval
A After WCHA has reviewed the RTA, rental agreement, certified and documented Rent
Reasonableness, conducted an HQS inspection and passed the unit, checked the requested “contract rent” against the payment standards and found it to be reasonable or approved an restricted rent in the HCVP, WCHA approves the tenancy.
B If, WCHA determines that tenancy cannot be approved for any reason, the owner and
the family will be notified of these reasons.
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C If the proposed, unexecuted rental agreement does not meet W CHA ’s requirements, W CHA will explain the problems to the owner and suggest how they may be corrected by a specific date. This period may be within 15 calendar days and prior to commencement of the rental period. (This does not include HQS approval or disapproval, which will only be done after the owner is given a reasonable period to make the repairs.)
D In the HCVP, if the gross rent proposed exceeds the Payment Standard, W CHA shall
discuss with the owner the possibility of either reducing the contract rent or including some or all utilities in contract rent. If the owner is not willing to reduce or adjust the rent and WCHA is satisfied that (1) the requested rent meets the test of rent reasonableness and (2) it has remaining “restricted rent” authority, W CHA may approve the restricted rent. If the unit chosen has more bedrooms than the HCV size, the restricted rent is not an option. The
rental assistance holder will be required to seek another unit, if their HCV is still valid.
E If, the owner accepts the offer of a revised rent, W CHA will continue processing the RTA.
If, the revised rent involves a change in the provision of utilities, the owner will submit a RTA and contract approval.
F If the owner does not agree on the contract rent or security deposit, after W CHA has
tried and failed to negotiate a revised rent, W CHA will inform the tenant and owner that the rental agreement is disapproved. The tenant should continue to locate eligible housing if their HCV is still valid.
G If the unit fails HQS inspection, WCHA will provide the Owner with a detailed list of
items that must be corrected and provide the Owner a reasonable period of time to make the repairs.
A Prior to HAP contract execution, W CHA will respond to any reported changes
regarding the family’s composition, as well as any critical information about income and allowances.
B If, significant changes have occurred, the information will be verified and the total
tenant payment will be recalculated. W CHA will not re-verify information or recalculate the total tenant payment merely because previous verifications are more than 60-days old, in such situations.
C If circumstances have not changed (according to the family), W CHA need not obtain new
verifications before signing the HAP Contract, even if verifications are more than 60-days old.
D When the tenancy approval process is completed, W CHA will notify the owner and the
family of the tenancy approval or disapproval.
E If the tenancy is approved, WCHA will prepare the HAP contract and lease addendum.
F To prepare the documents, WCHA will compute the total tenant payment, tenant rent, utility reimbursement (if any), and the HAP.
G Once the tenancy documents are prepared, WCHA will get the documents executed by
the family, owner, and WCHA , as appropriate, and send appropriate copies to each party.
H WCHA may offer a signature consultation, especially where new owners are involved, to
be attended by the owner and tenant, where responsibilities of both parties will be discussed prior to the signing of the rental agreement and contract. The documents
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may be mailed out for signature, as requested, if the owner has previously been briefed on program requirements.
After final execution of the rental agreement and contract by the appropriate parties, a copy of the contract will be provided to the owner. A copy of the tenancy addendum will be provided to the family. Copies of all documents will be retained in the family's file.
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CHAPTER 15: OWNER PAYMENT AND UTILITY ALLOWANCE
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Chapter 15. Owner Payment and Utility Allowance
15.0 Owner Payment in the HCVP
A If, the total rent complies with “reasonableness” criteria, an owner may charge whatever rent the tenant agrees to pay. However, a tenant may not pay over 40% of their total monthly adjusted income for rent at initial lease-up. The Housing Assistance Payment (HAP) provided by W CHA will be the difference between the Contract Rent and the assigned tenant portion of rent.
B The maximum subsidy level for each family is determined by the payment standard for
the family less 30% - 40% of the family’s monthly-adjusted income. The 50% of income limit applies only to rent increases. W CHA may grant exceptions from the 50% gross monthly income limit for mixed family only and on a case-by-case basis.
C The HCV size issued to the family is based on family size and composition. The
Payment Standard to be used in the calculation is based on either the actual number of bedrooms in the unit or the HCV size issued to the family, whichever is lower.
15.1 Utility Allowance
A The total tenant payment is the payment the family makes toward rent and an
allowance for utilities.
B If the family pays for some or all utilities, W CHA will provide the family with a utility allowance. The allowances are based on current rates and average consumption estimates, not on a family’s actual energy consumption.
C A utility allowance used will be based on the size of the unit.
D The utility allowance is given as a reduction in the tenant’s portion of rent based on the
HCV calculation formula and payment standards.
E WCHA will review the utility allowance schedule on an annual basis. If, a revision is needed, based on methods required by HUD, the utility allowance schedule will be revised.
F Approved utility allowance schedule(s) will be given to families along with their HCV.
15.2 Making Payments to Owners
Payments are generally made between the first and fifth of each month. In order to participate in the HCV program, owners must be willing to receive HAP via direct deposit. In addition, owners must notify the W CHA of any changes to their bank accounts. If owners fail to notify the W CHA, they will be subject to fees and/or penalties for non-compliance.
15.3 IRS “1099” Statements
A Owners will receive a 1099 at the end of the calendar year. The 1099 will be issued to
the owner whose name appears on the check.
B Owners who do not cash their check for more than three consecutive months will be requested to electronically deposit their checks to a financial institution. If they refuse this offer of direct deposit, checks will no longer be mailed.
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15.4 Utility Reimbursement Payments
A Where the utility allowance exceeds the total tenant payment of the family, WCHA will provide a utility reimbursement payment to the family each month.
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CHAPTER 16: ANNUAL ACTIVITIES
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Chapter 16. Annual Activities 16.0 Overview
A There are two activities W CHA conducts on an annual basis. These activities may
be coordinated whenever possible:
1. Annual recertification of income
2. Annual HQS inspection
B WCHA maintains a listing of units under contract by month to ensure systematic reviews of contract rent, allowances for utilities and other services, and housing quality in accordance with the requirement for annual reexamination. Monetary changes are transmitted to the Wakulla County Finance Department to effect a change in the next appropriate rental payment.
C Requests from families for reviews and/or inspections of units are handled in a timely
manner. If the quality control check of files reveals a need for a special review, one is promptly performed.
D The housing supervisor or other qualified person will re-inspect a sample of units under
contract during WCHA ’s fiscal year, which meets the sample size requirements specified by HUD.
16.1 Annual Reexamination/Recertification
A Families will be requested to provide information on income, assets, allowances and
deductions, and family composition at least annually.
B When families move to another dwelling unit, the recertification date will not be changed but the new anniversary date will apply to inspection and owner rent adjustment.
C Income limits will not be used as a test for continued eligibility at recertification.
D When the family is called in for an annual recertification by W CHA and the family then
reports a change that results in an increase or decrease in the total tenant payment, it will be effective on the scheduled effective date with the proper notices specified in herein.
E If, instead, the family comes into W CHA ’s office to report a change, which results in
an increase, or decrease in the total tenant payment, other than in response to an annual recertification, it will be considered an interim adjustment.
F Reexamination Notice to the Family:
1. WCHA will maintain a reexamination tracking system. At least 90-days in advance of the scheduled annual reexamination effective date, the head of household will be notified by mail that they and all adult members 18 years or older are required to attend a reexamination interview on a specified date (or rearrange a date in advance if the tenant is unable to participate in a regular interview in the office). Under reasonable accommodation, tenants age 70 years or older may also submit a written request for a phone interview. Tenants with a disability can submit a written request for a phone interview, along with a licensed medical professional’s verification of the disability. Required documents may be mailed to tenant, then mailed back or hand- delivered by a family member or care attendant to W CHA.
2. Families are encouraged not to bring minor children to the reexamination appointment.
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3. An application form will be mailed to the family or given to the family to complete at the interview. The family will be instructed to fill out the form and bring it, as well as the documents, which support the information in the form, to the interview.
4. In order to optimize the most efficient use of program resources, WCHA may use the
option of performing annual re-certifications by telephone or by mail for a selected category of program participants.
5. If the family does not attend the rescheduled appointment, WCHA will send a
termination of assistance notice, giving the family 10 calendar days to request an informal hearing.
6. If the family responds to the termination notice within the 10 calendar days by
contacting WCHA, an informal hearing will be scheduled and conducted by the appropriate section of WCHA. (See Informal Hearing procedures in Chapter 23, of this document.)
7. If, the family does not contact WCHA within the time period for the informal hearing
request, the date on the original termination notice becomes effective.
G Verification of Information Provided:
1. Verification will be done in conjunction with the policy and procedures identified in Chapter 9, Verification, of this plan.
H Changes in Tenant Rent:
1. When the information is analyzed, all necessary documents are prepared and signed
by the tenant, and after all other requirements have been met, WCHA will recalculate the tenant’s portion of rent.
2. WCHA will notify both the owner and tenant of its determination and of the new rent to
be paid by the tenant (and new HAP to the paid by WCHA ) if applicable.
3. If there is an increase in the tenant’s portion of the rent, the new rent portion will go into effect following a full thirty-day notice prior to the first of the month in which the new rent will apply. (If there has been misrepresentation by the tenant, or if the tenant caused a delay in the reexamination processing, there may be an increase in rent made retroactively to the date that the change occurred.)
4. If there is a rent decrease, it will be effective on the scheduled effective
reexamination date (unless the family has caused a delay in reexamination processing).
5. If there is a change in tenant rent (increase or decrease) and the tenant is in the
process of moving, the thirty-day notice requirement is waived and the most current TTP will be used to calculate the HAP and tenant portions.
16.2 Annual HQS Inspection
A WCHA will conduct an inspection using the HQS (and other standards approved in this
Administrative Plan) at least annually.
B The owner must be given time to correct the failed items. W CHA will apply these guidelines:
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1. If the item endangers the family’s health or safety (using the emergency item list below), the owner must be given 24-hours to correct the violation.
2. For other deficiencies, which would not affect the health and safety of the occupants,
the unit will be re-inspected within 30 days. W CHA must determine if extensions of time are warranted, depending on the nature of the work to be completed and W CHA ’s determination of a reasonable deadline.
C If the owner fails to correct deficient items, after they have has been given a reasonable
time to correct the items, the HAP must be abated/suspended or if the deficiencies are not corrected, the HAP Contract must be terminated. Re-inspections for deficiency items will include only those items that failed. However, if the inspector encounters other deficiencies, the owner will be notified and the regular deficiency procedures will be followed.
D Emergency Repair Items:
1. The following items are to be considered of an emergency nature and are to be corrected by the owner within 24 hours of notice by the Inspector: a. Broken lock on first floor window or entry doors to unit; b. Escaping gas from gas stove; c. Major plumbing leaks or flooding; d. Natural gas leak or fumes; e. Electrical situation, which could result in shock or fire; f. No running water; g. Obstacle, which prevents tenant’s access or exit to or from unit; h. Non-functioning toilet if only toilet in house. i. Any health related conditions that adversely affect the health of an occupant.
2. WCHA may give a short extension (not more than 48 additional hours) whenever the
owner cannot be notified or it is impossible to repair within the 24-hour period.
3. If emergency items are not corrected within 24 hours, or up to 72 hours if extension is granted, the owner will be given notice of the intent to terminate the HAP contract and that the HAP will be abated/suspended through the termination notice period. WCHA may send the notices simultaneously.
4. If, due to an emergency, the family must be relocated to other accommodations, both
owner and tenant will be advised to contact the Fair Housing Council or seek other legal advice on responsibility of payment for the alternative accommodations.
E Abatement/Suspension:
1. When it has been determined that a unit on the program has failed to meet HQS and/or has been found to exhibit an unreasonable rent requirement in which the owner has been given an opportunity to and has not been done so within the timeframe established by WCHA , the rent for the unit shall be abated/suspended.
2. A letter of abatement/suspension notice shall be sent to the owner the next working
day after the repair-failed re-inspection. The abatement/suspension shall continue until all items, which caused the unit to fail has been corrected.
3. If, the owner makes repairs during this period and the tenant intends to stay in the
unit, the abatement/suspension will end the first business day that the unit passes inspection.
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4. WCHA will inspect abated/suspended units within three working days of the owner’s contact with WCHA to report the completed work.
5. No retroactive payments will be made to the owner for the period of time the rent was
abated, and the tenant is not responsible to the owner for WCHA ’s portion of rent that was abated.
F HAP Contract Termination:
1. If, the owner fails to correct all the deficiencies cited at the end of the
abatement/suspension period after re-inspection, the owner will be sent a notice of termination of the HAP Contract.
2. While the termination notice is running, the abatement/suspension will remain in
effect.
3. If, repairs are done before the effective termination date, the termination can be rescinded by WCHA if the tenant chooses to remain in the unit.
4. After the HAP Contract termination notice has been given, during the extended
abatement/suspension period, only one more HQS inspection will be conducted.
5. After the termination date has been reached and the owner and family agree that the tenant may remain in the unit and the unit passes HQS, a new RTA and rental agreement must be submitted to WCHA . Effective date of the HAP will be the day after the unit passes HQS.
G Responsibility of the Family to Allow Inspection:
1. WCHA must be allowed to inspect the unit at reasonable times with reasonable notice.
2. The family is notified of the inspection appointment by mail. If the family is not able to
be at home, the family must make arrangements to have an adult representative (over 18 years old) or the owner/manager present on their behalf.
3. If the family missed the inspection appointment and did not arrange for the
representative or the owner/manager to be present, a second and final inspection (or re-inspection) appointment will be scheduled. If the family misses two inspection appointments, WCHA will consider the family to have violated a family obligation and their assistance will be terminated, following the termination of assistance procedures.
16.3 Rent Increases by Owner
A Rent increases to owners under the HCVP are to be effective on or after the expiration
date of the HAP Contract. The rent increase shall take effect on the first day of the month. Requests for rent increases on any other day of the month shall be effective on the first of the following month. Such requests for an increase must be submitted in writing to W CHA at least 60 days before becoming effective.
B WCHA will certify and document on a case-by-case basis that the approved rent:
1. Does not exceed rents charged by the owner for comparable unassisted units in the
private market; and
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2. Is reasonable in relation to rents charged by other owners for comparable units in the private maret.
C Rent reasonableness will be performed in conformance with the policy spelled out in
Chapter 14, of this Plan.
D A HAP increase will only be paid if the unit passes HQS inspection.
E If an owner does not complete needed repairs and there are 2 failed inspections, the HAP contract will be terminated and the rent increase will be void.
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CHAPTER 17: INTERIM RE-CERTIFICATIONS
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Chapter 17. Interim Re-certifications 17.0 Required Changes to Report in Writing
A The total tenant payment and tenant rent will remain in effect for the period between
regularly scheduled reexaminations except:
1. The tenant must report all changes in the household composition within 10 days of the change.
2. The tenant may report any of the following changes that would result in a decrease in
the tenant’s rent: a. Decrease in income; b. Increase in allowances or deductions;
3. Decreases in the tenant portion of the rent will be effective the first day of the month
following the month in which the change occurs, if reported before the fifteenth (15th) day of the month. The exceptions to this are:
a. Tenants, who report a decrease, after receiving notification of an increase in their
portion of rent, must pay one month of the increased portion before their reported decrease becomes effective.
b. A change in the tenant’s portion of rent will not be made for reported decreases, lasting thirty (30) days or less.
c. When an increase is reported within the required time frame, but the family member moves out before the increase becomes effective, WCHA will not require the tenant to pay the increased portion, after receiving verification.
d. When an increase is not reported within the required time frame and WCHA receives verification the family member moved out before the increase became effective, do an immediate decrease, the tenant will not have to pay the increase in TTP, but will have to repay WCHA through a Repayment Agreement.
4. The tenant must report any of the following factors, which could result in an increase
in rent: a. Change in source or amount of income; b. Change in family composition (which could either provide additional income to
the household or reduce the deductions and allowances for which the family qualifies);
c. Change in full time-student status of dependent.
B Any changes reported by tenants other than those listed in (1), (2), (3), or (4) above, or those situations listed below, will not be processed between regularly scheduled annual re-certifications.
C Other Interim Reporting Requirements:
1. For families whose annual income cannot be projected with any reasonable degree
of accuracy, a reexamination shall be required every 90-days, as a minimum period.
2. For families where an error was made at admission or reexamination, W CHA will perform an interim reexamination (and family will not be charged retroactively for error made by W CHA staff).
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3. For families whose rent has been based on incorrect or incomplete information supplied by family, there will be an interim reexamination performed, and the family may be required to enter into a repayment agreement with W CHA . If the omission or misrepresentation is determined to be willful, W CHA will terminate the family’s assistance.
17.1 Forms Used for Rent Changes
A WCHA staff is responsible for printing the HUD 50058, and a Notice of Rent Change.
1. The Notice of Rent Change is sent to the owner and tenant. Signatures are not
required by WCHA . The form must offer the family an opportunity for an informal hearing, because it changes the family’s total tenant payment or tenant rent.
17.2 Timely Reporting
A Standard for Timely Reporting of Changes:
1. All changes in family income or family composition must be made in a timely manner.
The family must report such changes to W CHA , in writing, and provide documentation to verify the change within 10 calendar days from the date which the change occurs.
2. WCHA will process decreases only if the family reports them.
3. If, the change is not reported in a timely manner, as defined above, or the family does
not provide the documentation within the required timeframes, it will be considered untimely reporting and a program violation.
B Procedures when the Change is Reported in a Timely Manner:
1. WCHA will notify the family and the owner of any change in the HAP to be
effective according to the following: a. The family will always be given a thirty-day notice prior to the first of the month
for an increase in total tenant payment/tenant rent. Increases in the total tenant payment/tenant rent are to be made effective upon thirty-day notice, prior to the first of the month, so the change is always effective on the first of the month, rather than some date within the month.
b. Decreases in the tenant rent are to be made effective the first of the month following that in which the change was reported. However, no downward rent adjustments are to be processed until all the facts have been verified, even if a retroactive adjustment results.
c. Families may not waive the thirty-day written notice for an increase unless they are in the process of leasing up and their rental agreement is effective prior to the thirty-day notice.
C Procedures when the Change is Not Reported in a Timely Manner:
1. If the family does not report the change within 10 calendar days from the date that
the change occurred, it will be considered a program violation and the family is subject to termination.
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2. The family may be allowed to sign a Repayment Agreement and receive continued assistance under the provisions of Chapter 25 Repayment Agreements.
3. Increased tenant rent: The change will be effective retroactive to the date it would
have been effective, had it been reported on a timely basis.
4. Decreased tenant rent: The change may be effective on the first of the month following completion of processing by W CHA if all documentation is received (not on a retroactive basis). If documentation is not received after a reasonable amount of time after the final notice is sent, a no change letter will be mailed, and the change will not be processed.
D Procedures when the Change is Not Processed by WCHA in a Timely
Manner:
1. “Processed in a timely manner,” means that the change is effective on the date it would have been effective had the tenant reported the change in a timely manner.
2. If the change cannot be made effective on those dates resulting from timely reporting
as described using the required notice periods, the change is not processed by WCHA in a timely manner.
3. If WCHA staff does not process changes in a timely manner, an increase will
be effective within the required thirty-day notice prior to the first of the month after completion of processing by WCHA .
4. If the change resulted in a decrease in tenant portion of rent, an overpayment by the
tenant will be calculated retroactively to the date it should have been effective and the tenant will be reimbursed.
E Timing of Next Annual Recertification:
1. In the event there is an interim adjustment completed, the next regular reexamination
will be scheduled twelve months from the last effective date of the annual reexamination of family income and computation of tenant rent.
F Changes in Family Composition:
1. All changes in family composition must be reported within 10 calendar days of its
occurrence. 2. With the exception of birth/adoption/marriage or other operation of law, approval must
be granted by WCHA prior to the addition of any new family member(s). Factors that will be included in the decision making process include, but are not limited to: reason(s) for request to add additional person(s); benefit, if any, to participant family; health and/or safety issue(s) affecting the participant family; reasonable accommodation; funding availability (for requests that necessitate an increase in Housing Choice Voucher (HCV) bedroom size). W CHA must perform criminal history background checks necessary to determine whether any household member is subject to a lifetime sex offender/registration requirement in Florida and in any other states where the household members are known to have resided.
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3. If, a HCV family member has been determined permanently absent, according to this Administrative Plan, the change to an appropriate size HCV shall be made effective immediately upon appropriate notice to tenant and owner.
4. If a former family member wishes to return to the assisted unit and be included in the
family composition, approval must be granted by W CHA , prior to their return. If their absence exceeds two years, approval will not be granted. If their return is within two years, the same factors used in the decision making process to allow the addition of a new family member (see paragraph above) will be considered.
5. If WCHA has made an error or mistake on the issuance of a HCV, the
same procedures will be followed. 6. For the HCV holder, the change in WCHA ’s Payment Standard (and
HCV bedroom size) shall be implemented at the next annual recertification.
7. If a tenant does not report in a timely manner, the overpaid subsidy will be calculated
by taking the larger size WCHA HCV Payment Standard and subtracting the smaller size W CHA Payment Standard to determine the overpayment. For example, if a family had a 3BR Payment Standard and actually qualified for a 1BR Payment Standard at recertification and did not inform WCHA , the overpayment calculation would be as follows:
3BR Payment Standard
-1BR Payment Standard = Overpaid Subsidy
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A All units must be inspected at least annually, using Housing Quality Standards (HQS).
B If, at any time, the tenant or owner complains in writing that the unit does not meet HQS,
WCHA will conduct an inspection.
C WCHA staff is required to inspect only these items which the tenant or owner has complained about. If, the Inspector notices additional deficiencies that would cause the unit to fail the HQS, they must also note those items in the inspection report and require the owner to repair those deficiencies.
D The owner may charge the tenant for repairs made due to tenant neglect or abuse. State
or local codes or laws may guide what recourse, if any; the owner has in recovering any costs of repairs. The owner may choose to initiate legal action against a tenant.
E The owner must be given time to correct the failed items. The same guidelines as
identified in Chapter 16, will be used.
F If the owner fails to correct failed items after they have been given a reasonable time to correct the items, the guidelines in Chapter 16, of this Plan regarding abatement/suspension of HAP and termination will be used.
18.1 Emergency Repair Items
A The emergency repair items, guidelines, and timeframes listed in Chapter 16, of this Plan
will be used. 18.2 Abatement/HAP Contract Suspension
A The same policy, guidelines and timeframes identified in Chapter 16, of this Plan will be
A The same policy, guidelines and timeframes identified in Chapter 16, of this Plan will be
used. 18.4 Responsibility of the Family to Allow Inspection
A The same policy, guidelines and timeframes identified in Chapter 16, of this Plan will be
used.
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CHAPTER 19: TERMINATION AND FAMILY MOVES
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Chapter 19. Termination and Family Moves 19.0 Termination of Rental Agreement by the Family
A Families are required to give a minimum of thirty day written notice to the owner only after
the first term of the rental agreement has been completed to be in compliance with the rental agreement.
B Families will be encouraged to rent on the first day of the month. Exceptions may be
granted.
C Families who wish to move under portability will be encouraged to give the owner sixty day written notice, prior to moving.
D Families will be encouraged to provide W CHA with a copy of the Notice to Vacate, no
less than thirty-days, (or sixty-days for portability families) prior to the vacate date for WCHA to perform certifications and rent calculations in a timely manner.
E After the family has given the termination of rental agreement notice, the rental
agreement notice may be extended beyond the notice period (thirty or sixty days) with the written permission of the owner, if submitted prior to the original notice termination date.
F If the family gives notice that they no longer wish to receive housing assistance, the
owner must be given proper notice in accordance with HAP contract requirements. The family must request a reinstatement to the program prior to the effective date of the termination.
19.1 Evictions
A Owners may give tenants notice only according to the Tenancy Addendum provisions
and applicable law.
B Owners are required to follow eviction procedures consistent with their rental agreement and HAP Contract and must comply with the requirements of federal, state, and local law.
C If the owner wants to terminate the rental agreement with the tenant, they must use the
means available in the rental agreement and HAP Contract.
D Under an eviction, until the appropriate court determination, W CHA must continue making HAP to the owner in accordance with the HAP contract. W hile rental assistance payments continue, the tenant must continue to occupy the unit, and the conditions of occupancy must be consistent with the requirements under the HAP contract. Tenants with more than one court eviction will be denied Housing Assistance.
E By endorsing the monthly check from W CHA , the owner certifies that the unit is in decent,
safe, and sanitary condition, that the tenant is still in the unit, that the contracted rent is reasonable, and that the WCHA -approved rental agreement remains in effect.
F Owners must provide a copy of the notice to the tenant of instituting court action and if
the action is finalized in court, must provide W CHA with the documentation, including notice of the lockout date.
G Other actions may result in the termination of the rental agreement or HAP Contract,
such as:
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1. W here the owner requests a rent increase that W CHA cannot approve, W CHA would disapprove the rent increase request and will notify the owner and tenant in writing;
2. The owner may choose not to make repairs required by the Housing Quality
Standards (HQS); or
3. The unit becomes overcrowded (according to HQS).
H The tenant will be issued another Housing Choice Voucher (HCV) to move to another unit, unless there are grounds to deny or terminate assistance (see Termination of Assistance).
19.3 HAP Termination when Rental Agreement Terminates
A The HAP Contract between the owner or their agent and W CHA will terminate on the
same day as the agreed rental agreement termination date.
B WCHA will acknowledge the contract termination in conjunction with the rental agreement termination notification received by WCHA from the family.
C No future subsidy payments on behalf of the renter family will be made by WCHA to the
property owner or their agent after the Contract is terminated. The owner must reimburse WCHA for any rent subsidies paid by WCHA for any period after the contract termination date.
D If the family continues to occupy the unit after the rental agreement and HAP Contract are
terminated, the family will be responsible for the full amount of the Contract Rent/rent to owner and any other amounts owed as a result of continued occupancy.
E The property owner waives all rights to claim compensation from W CHA for vacancy loss
under the provisions of the HAP Contract.
F If the family has not violated its HCV or does not owe WCHA money, the family must be offered a new HCV to search for another unit.
19.4 Termination of Contract by WCHA
A The HAP Contract will terminate automatically when the family moves from the unit or
when the owner evicts the family. B WCHA may terminate the HAP Contract for the following reasons:
1. The owner is not in compliance with the terms of the HAP Contract. Before
terminating for this reason, WCHA must give the owner the opportunity to take corrective actions;
2. The owner has committed fraud;
3. WCHA terminates assistance to the family; or
4. The family is required to move from a unit, which is overcrowded.
C If WCHA terminates the HAP contract, the owner and family must be given proper notice
in accordance with the HAP contract requirements.
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19.5 Unit Transfers
A Families will be authorized to move with continued assistance unless:
1. The family has violated a family obligation such as unpaid rent or damages.
2. The family owes WCHA money under the conditions of this Administrative Plan.
3. The Family has been evicted for just cause and WCHA has determined that the family is in violation of other obligations of the HCVP.
B If the family locates another dwelling unit, it will be processed as a new move. The
recertification date will not be changed, but the new anniversary date will apply to inspection and owner rent adjustment.
C Briefing sessions emphasize the family’s responsibility to give the owner and WCHA
proper written notice of any intent to move. The family must provide WCHA with proper legal written notice prior to vacating the unit.
D Violation of the rental agreement can be grounds for termination of tenancy.
E If the family vacates the unit without proper legal notice in writing to WCHA , it will be
considered a violation of a family obligation and termination of assistance procedures will begin.
F If a family moves to a new dwelling unit within the same building or project, the case will
be processed as a new move. 19.6 Housing Choice Voucher Issuance Determination for Split
Households
A In those instances when a family assisted under the HCVP becomes divided into two otherwise eligible families due to divorce or legal separation, the HCVP assistance may be retained by either of the two new family units where there is mutual consent of the heads of the two new family units or there is a determination by a Court as to which new family unit is to retain the HCVP assistance.
B W here WCHA must make a determination as to who will retain the HCVP assistance and
the new families cannot agree as to which new family unit should continue to receive the benefits of the HCVP assistance, WCHA must determine which of the newly formed families will continue to receive HCVP assistance. In making this decision, WCHA shall consider which family member has physical custody of the children.
C If there are no children in the household, and the parties remain eligible and cannot make a
decision as to who remains the participant, the HCV will be awarded to the disabled family member, if applicable. If both family members are disabled or if there is no disabled family member, the original head of household will be the party to retain the Housing Choice Voucher assistance.
D Documentation regarding the above factors will be the responsibility of the requesting
parties. If documentation is not provided, W CHA reserves the right to make the decision based on who is listed as head of household on the application, as long as the individual qualifies as an eligible family.
E There may be an exception granted in the case of domestic violence, provided that
written verification of this situation is documented.
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19.7 Remaining Member of the Tenant Family
A Where a household receiving rental assistance splits, due to legal separation, divorce, or other event in which the head of household is no longer present, assistance will continue with respect to only one of the new family units. While generally the assistance will remain with the larger family unit, there may be instances where the assistance will stay with the new family unit, which consists of a single individual who can be treated as a remaining family member.
B A live-in aide will not be considered a remaining member of the tenant family by definition.
However, if W CHA determined during the time the head of household was still in the unit that the live-in aide actually was a family member, and then they will be treated as such.
C A minor child (ren) will not be allowed to retain the status of remaining family member(s)
unless:
1. The court has awarded emancipated minor status to the minor; or
2. WCHA has determined that both parents must leave the household and the Department of Social Services and/or the Juvenile Court has determined that another adult is to be brought into the assisted unit to care for the children. W CHA will follow the policy identified in Chapter 8, of this Plan regarding this situation.
D This process does not preclude the fact that the owner may choose not to allow the new
adult caretaker. W CHA will work with the appropriate service agencies and the owner to provide a smooth transition of the process (es) involved in these cases.
E A change in Housing Choice Voucher (HCV) size may be necessary due to a change in
family composition. This change may also necessitate the family’s move to another dwelling unit.
19.8 Family Misrepresentation
A If the family has committed fraud in connection with the HCVP, W CHA may terminate
assistance and cancel the HAP Contract.
B If the family has misrepresented income, assets or allowances and deductions, which would have caused them to pay more, W CHA will make every effort to recover any overpayments made as a result of tenant fraud or abuse.
C WCHA may choose not to terminate assistance under the outstanding HAP Contract.
Instead, W CHA may offer to continue assistance on the condition that the family agrees to reimburse W CHA for the overpayments.
D Reference Chapter 25 of this Administrative Plan for Repayment Agreements.
19.9 Owner Misrepresentation
A If the owner has committed fraud or misrepresentation, such as, acceptance of
overpayments by either the tenant or the public housing agency (PHA); filing of false claims to the PHA; or the owner knowingly allowing the tenant to commit fraud or program abuse in connection with the HCVP, W CHA will terminate the HAP contract and review the circumstances and family’s involvement to determine if the family is eligible for recertification to relocate to another unit with continuation of assistance.
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B WCHA makes every effort to recover any overpayments made as a result of owner fraud or abuse. Reference Chapter 25 of this Plan for Repayment Agreements.
C If the owner has committed fraud, W CHA may restrict the owner from future participation
in the program for a reasonable period of time, commensurate with the seriousness of the offense.
19.10 Change in Ownership
A WCHA will process a change of ownership only upon the written request of the new
owner and only if accompanied by a copy of the Grant Deed and/or Escrow Closing Statement or Recorded Receivership document or any other applicable court document showing the transfer of title and proof of Employer Identification Number of the corporation or the Social Security number, generally shown by a copy of the Social Security card if the owner is an individual.
B WCHA will update its files and records to reflect the new information received.
19.11 Housing Choice Voucher Issuance Pending
A This Section shall only be applicable when WCHA is advised, within no more than 21
(twenty-one) days of a move-out date, that there is a dispute between an owner and tenant because of alleged damages to the unit beyond normal wear and tear and/or other alleged violations of the lease.
B WCHA may postpone a decision whether or not to issue a new HCV pending the
resolution of a dispute between a tenant and his/her prior landlord concerning alleged lease violations. In such cases, WCHA shall send the tenant written notification that he/she has 60 (sixty) days to resolve the dispute with his/her former landlord before WCHA makes a decision whether or not to issue a new HCV.
C Pending decisions on HCV issuance shall be made when the landlord/tenant dispute is
settled or as soon as reasonably possible after 60-days have passed since the notification date. If the dispute is not resolved within 60-day period, W CHA will either issue a new HCV to the tenant, or W CHA shall mail the tenant a written notice of termination stating the reasons therefore (i.e. “Serious and/or repeated lease violations”) and informing the tenant of the right to an informal hearing, if requested.
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CHAPTER 20: DENIAL OR TERMINATION OF ASSISTANCE
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Chapter 20. Denial or Termination of Assistance 20.0 Overview
A WCHA may deny or terminate assistance to families who owe rent or other amounts
to W CHA or to another Public Housing Agency (PHA) in connection with the HCVP or public housing assistance under the United States Housing Act of 1937.
B. WCHA may also terminate families who have violated one of their family
obligations or responsibilities for the HCVP or public housing assistance. TERMINATION OF ASSISTANCE
Pursuant to 24 CFR, §982.552(b) and §982.553(b), Wakulla County Housing may terminate subsidy to a Participant Family if any of the following activities, conditions, or events occurs or exists:
• A participant family commits serious or repeated violations of the lease. • A participant family fails to meet the Family Obligations as stated in 24 CFR, §982.551 and on the Voucher.
Family obligations include: Supplying any information that Wakulla County Housing or HUD determines to be
necessary including evidence of citizenship or eligible immigration status, and information for use in a regularly scheduled reexamination or interim reexamination of family income and composition.
Disclosing and verifying social security numbers and signing and submitting consent forms
for obtaining information. Supplying any information requested by Wakulla County Housing to verify that the family is
living in the unit or information related to family absence from the unit. Promptly notifying Wakulla County Housing in writing when the family is away from the unit
for an extended absence (30 days within any 45-day period). Allowing Wakulla County Housing to inspect the unit at reasonable times and after
reasonable notice. Notifying Wakulla County Housing and the owner in writing before moving out of the unit or
terminating the lease. Using the assisted unit as the family’s only residence.
Notifying W CHA in writing, within two weeks of the event, of the birth, adoption or court-
awarded custody of a child. Obtaining written approval from W CHA and the landlord before adding any other occupants
to the unit. Requesting from W CHA written approval to add a live-in aide to the household.
Notifying W CHA in writing within two weeks of the event if any family member no longer
lives in the unit. Giving W CHA a copy of any owner eviction notice.
Paying any utility bills and supplying any appliances that the owner is not required to supply
under the lease. Notifying W CHA of changes in family income within 10 days of the change
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Rectifying any damage caused by family or guest to unit or premises, which is an HQS failure.
Fails to make regular payments on monies owed to WCHA or any other Housing Agency.
Any household member is currently engaged in any illegal use of a drug.
A pattern of illegal use of a drug by any household member interferes with the health,
safety, or right to peaceful enjoyment of the premises (as described above) by other residents.
Any household member engages in any drug-related criminal activity.
Any household member engages in any violent criminal activity.
A household member’s abuse or pattern of abuse of alcohol that threatens the health,
safety, or right to peaceful enjoyment of the premises by other residents. Any household member engages in any other criminal activity that threatens the health,
safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises
20.1 Family Obligations and Responsibilities
A At the time of the initial eligibility interview, HCV issuance, and annual reexamination,
the head of household receives a statement of family obligations and responsibilities. Examples of the primary obligations and responsibilities are listed below:
1. The family must:
a. Provide verification or inquiries regarding the tenant's identity, household members, employment and income, assets, allowances or preferences claimed, criminal records, and residency. These organizations are to include, but are not limited to: Financial Institutions; Employment Agencies; Veteran’s Administration; Court Clerks; Utility Companies; Medical Institutions and Practitioners; Workman’s Compensation Payers; Public and Private Retirement Systems; Law Enforcement Agencies; Credit Providers; Educational Institutions; Public and Private; Pre-Schools, Elementary, Secondary, Academic, Intermediate, High Schools, Continuation High Schools, Junior Colleges, Universities and Trade Schools and any documentation required for an annual or interim reexamination of family income and composition.
b. Allow W CHA to inspect the dwelling unit at reasonable times and after reasonable notice.
c. Notify W CHA in writing before vacating the dwelling unit. d. Use the dwelling unit solely for residence by the family, and as the family’s principal
place of residence. e. Abide by all terms of the signed rental agreement
2. The family must not:
a. Own or have any interest in the dwelling unit (other than in a manufactured home assisted under 24 CFR subpart F). If the owner is a cooperative, the family may be a member of the cooperative.
b. Commit any fraud, bribery, or any other corrupt or criminal act in connection with any Federal housing program.
c. Receive housing assistance under the HCVP while occupying, or receiving housing assistance under any federal housing assistance program (including any
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HCVP). d. Sublease or assign the rental agreement or transfer the unit. e. Abuse alcohol in a way that threatens the health, safety or right to peaceful
enjoyment of other residents and persons residing in the immediate vicinity of the dwelling unit.
f. Engage in drug-related criminal activity or violent criminal activity. g. Engage in threatening, abusive, or violent behavior toward an W CHA employee. h. Allow persons who are not a part of the family composition, approved by the
owner and W CHA , to use the assisted unit address for mailing purposes.
B WCHA , when determining whether to deny or terminate assistance because of a household member’s action or failure to act, may consider all relevant circumstances such as the seriousness of the matter, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial or termination of assistance on other family members who were not involved in the action or failure to act.
C WCHA may impose as a condition of assistance or of continued assistance for
other family members, a requirement that other family members who participated in or were culpable for the action or failure will not reside in an assisted dwelling.
D W CHA will terminate the assistance for participants whose total tenant payment is
sufficient to pay the full gross rent and six months has elapsed since W CHA made the last HAP payment.
E Drug-related Criminal Activity:
1. Drug-related criminal activity means:
a. Current usage by an existing, or potential, household member of a controlled substance (as defined in the Controlled Substance Act). Current usage shall mean that the existing, or potential, household member used a controlled substance within one year of: i) The applicant’s initial interview; ii) The participant’s request to add a family member; or iii) The date of the notice of termination to the participant.
2. If a member of the applicant family has been evicted from federally assisted
housing for drug-related criminal activity, current usage shall mean that the termination of the household member for such a reason occurred within three years of the initial interview.
3. A pattern of usage by a household member of a controlled substance, which
interferes with the health, safety, or right to peaceful enjoyment of other persons residing in the immediate vicinity of the dwelling unit.
4. Any conviction of a household member for the manufacture or production of
methamphetamine on the premises of federally assisted housing. NOTE: federal law requires WCHA to deny an applicant, or to immediately terminate a participant family from the HCVP if a household member is found to have violated this definition of drug-related criminal activity: a. The manufacture of, sale or distribution of, or the possession with intent to
manufacture, sell, or distribute, a controlled substance (as defined in the Controlled Substance Act). For purposes of this violation, it shall be construed to mean that the existing, or potential, household member engaged in such activity within five years of: i) The initial interview;
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ii) The date that a participant requests to add the family member; or iii) The date of the notice of termination to the participant.
5. In determining whether to deny admission or terminate assistance for domestic violence by a household member who is no longer engaged in such behavior, WCHA shall consider whether such household member is participating in or has successfully completed an anger management program or has otherwise been rehabilitated successfully. WCHA may require the applicant or participant to submit evidence of the household member’s current participation in, or successful completion of, a rehabilitation program or evidence of otherwise having been rehabilitated successfully.
6. WCHA will comply with the requirements of the Violence Against W omen Act and Department of Justice Reauthorization Act of 2005 (VAW A) in considering denial or termination of assistance.
F Violent Criminal Activity:
1. Violent criminal activity shall mean any criminal activity that has as one of its
elements the use, attempted use, or threatened use of physical force against the person or property of another. Any such activity must have occurred within five years of: a. The initial interview; b. The date that a participant requests to add the family member;
or c. The date of the notice of termination to the participant. d. W CHA must perform criminal history background checks necessary to
determine whether any household member is subject to a lifetime sex offender/registration requirement in Florida and in any other states where the household members are known to have resided. In all cases, W CHA will comply with federal, state and local requirements concerning sex offender status.
G Basis for Determination:
1. In determining whether to deny or terminate assistance based on drug-related
activity or violent criminal activity, W CHA shall make a determination based on the preponderance of the evidence that the household member has engaged in the activity, regardless of whether the household member has been arrested or convicted for such activity.
H Definition of Preponderance of Evidence:
1. Preponderance of evidence, applicable to participants, is defined as evidence,
which is of greater weight or more convincing than the evidence, which is offered in opposition to it; that is, evidence, which as a whole shows that the fact sought to be proved is more probable than not.
I Credible Evidence:
1. Credible evidence may be provided by the District Attorney’s office or other law
enforcement or other governmental agency investigation. Testimony from neighbors, when combined with other credible evidence could be used toward determining whether a preponderance of evidence existed.
2. Situations which would add to preponderance of evidence include, but are not
limited to, drug raids, drugs found in the dwelling unit, evidence which is tied to the activity, arrest warrant issued, conviction, etc.
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J Other Conditions and Procedures for Termination of Assistance: 1. If a Housing Assistance Payment (HAP) contract termination is necessary, or tenant
assistance is terminated for the following reasons: (1) the tenant requests, in writing, to go off the program or (2) assistance is denied in accordance with the termination of assistance procedures, tenants and owners will be notified of this termination of assistance and the opportunity to request an Informal Hearing.
2. If WCHA refuses to issue a Housing Choice Voucher (HCV), the tenant must
be notified in writing and offered an opportunity for an Informal Hearing. The Informal Hearing, if requested, will be conducted prior to the termination of assistance.
3. In any case where WCHA decides to terminate assistance to the family, W CHA
must give both the family and the owner a 30-day written termination notice which states: a. The reasons for the termination; a. If, WCHA is terminating assistance for criminal activity as shown by a
criminal record, WCHA must notify the household of the proposed action based on the information received, and must provide the subject of the record and the tenant with a copy of the criminal record. If the family requests an informal hearing, W CHA must give them an opportunity at that hearing to dispute the accuracy and relevance of the record.
b. The effective date of the termination; c. The family’s right to request an informal hearing to be held before termination
of assistance; and d. The family’s responsibility to pay the full rent to the owner if the family remains
in occupancy after the date of the termination. 20.2 $0 Assistance Tenants
A $0 assistance tenants may remain on the program for six months from the effective
date they went to $0 assistance.
B If the family’s total tenant payment is sufficient to pay the full gross rent and six months has elapsed since WCHA ’s last HAP was made, the family’s assistance is terminated.
C There are no expiration dates on rental agreements. There is no new Contract
at recertification unless the owner offers the tenant a new rental agreement.
D However, if the owner requests and is approved for a rent increase during this six month period, and the rent increase would result in a HAP payment, or if at reexamination time, the tenant had a loss of income that would result in a HAP payment, the payments would be resumed.
E If payments are resumed, there would be an interim adjustment and an
amendment would be sent to the owner and tenant indicating the new amounts.
F When the six-month period has been completed, and the tenant is still at $0 assistance, the owner will be notified of the termination of the HAP Contract, in accordance with the terms of the HAP Contract. The termination of assistance payments is made after the six-months period has been reached, not at the annual reexamination date.
G WCHA will perform all of the duties and responsibilities normally required, such
as reexaminations and inspections, during the six-month period.
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H The tenant will be notified of their right to remain on the program at $0 assistance for six- months.
I If the tenant wants to move to another unit during this six-month period, W CHA will not
execute a new HAP Contract for the new unit at $0 assistance. A new HAP Contract will only be executed in the event of resumed assistance as indicated above.
J If the tenant moves to another unit at an approved higher rent that would result in a HAP payment, the $0 assistance provisions are no longer in effect, because a HAP is being paid on the new unit.
20.2 TERMINATION OF VOUCHERS DUE TO LACK OF FUNDING
The issuance of vouchers and Housing Assistance Payments (HAP) associated with those vouchers are subject to the constraints of federal appropriations. The Housing Authority will take every possible action to avoid the termination of voucher recipients but there may be times that funding shortfalls must be offset by such terminations. If terminations are necessary they will be done in the following manner: The Executive Director of the Housing Authority shall determine the dollar amount of reductions necessary to alleviate funding deficiencies. Once the determination is made reductions shall be made in the following order:
1. Single individuals who are not disabled and/or elderly with no children 2. Families with no children under eighteen and who have no disabled family members 3. All other families who have no disabled members 4. Families with one or more disabled members 5. Single disabled 6. Elderly 7. Tenant Protection Voucher-holders
Terminations shall be by lottery in a manner that is fair and equitable. Those terminated will have no less than a thirty day calendar notice of the action. All voucher holders terminated due to funding shortfalls shall be placed on the waiting list in a priority position. If otherwise qualified, they shall receive a new voucher subject to availability and their position on the list.
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CHAPTER 21: MOVE-OUT INSPECTIONS
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Chapter 21. Move-out Inspections 21.0 Overview
A WCHA has an option to conduct a move-out inspection, upon the owner or
family’s request. Request for move out inspection must be in writing.
B The owner or the owner’s representative will be requested to attend the move-out inspection. The owner will be notified as to when the inspection will take place. WCHA will encourage the owner to notify the tenant of the inspection date.
C The owner and tenant will be encouraged to perform a move-out inspection together.
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CHAPTER 22: OWNER CLAIMS
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Chapter 22. Owner Claims 22.0 Overview
A The owner, subject to state and local law, may use the security deposit, including any
interest on the deposit, as reimbursement for any unpaid rent payable by the tenant, any damages to the unit, or any other amounts that the tenant owes under the rental agreement.
B The owner must give the tenant a list of all items charged against the security deposit,
and the amount of each item. After deducting the amount, if any, used to reimburse the owner, the owner must promptly refund the full amount of the unused balance to the tenant.
C If the security deposit is not sufficient to cover amounts the tenant owes under the rental
agreement, the owner must collect the balance from the tenant.
D Any serious or repeated violations of the rental agreement are grounds for W CHA to deny or terminate rental assistance for the family. (See Chapter 20, of this Plan regarding Denial or Termination of Assistance).
22.1 Unpaid Rent
A Unpaid rent is the tenant’s portion of rent due and payable while the tenant is under the
assisted rental agreement and will be considered a program/lease violation.
B Owners must notify W CHA in writing of unpaid rent and any other lease violations.
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CHAPTER 23: COMPLAINTS AND APPEALS
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Chapter 23. Complaints and Appeals 23.0 Overview
A WCHA responds promptly to complaints regarding participants or owners and
investigates. W CHA may require that complaints be submitted in writing. Anonymous complaints are checked whenever possible. All written complaints or appeals will be responded to in writing by W CHA .
23.1 Informal Review Procedures for Application
A An “Informal Review” is conducted for applicants and shall include Housing Choice
Voucher holders (HCV) who have requested lease approval, but have not been authorized by W CHA to sign the rental agreement, and where W CHA has not signed a HAP Contract with the owner under the Housing Choice Voucher Program (HCVP).
B WCHA must provide applicants with the opportunity for an Informal Review
concerning the following:
1. WCHA ’s determination of their status on the Waiting List;
2. WCHA ’s denial of participation in the HCVP;
3. WCHA ’s refusal to issue a HCV; or
4. An applicant who would be required to pay the minimum rent and believe that this would constitute a hardship.
C Informal Reviews are not required for the following instances:
1. Discretionary administrative determinations by WCHA ;
2. General policy issues or class grievances;
3. A determination of the family unit size under WCHA ’s subsidy standards;
4. A determination not to approve an extension or suspension of a HCV term;
5. A determination not to grant approval to lease a unit under the HCVP or to approve a
proposed rental agreement;
6. A determination that a unit selected by the applicant is not in compliance with Housing Quality Standards (HQS); or
7. A determination that the unit is not in accordance with HQS due to the family size or
composition.
D WCHA shall give an applicant prompt written notice of a determination for which the applicant is entitled to an Informal Review. Said notice shall include:
1. A brief statement of the reasons for WCHA ’s determination.
2. The applicant shall be informed that they have a right to request an Informal Review
of W CHA ’s determination within 15 calendar days of the date of the written notification.
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3. Applicants shall be notified that if they have a disability, they have a right to request reasonable accommodation as a consideration in the review process.
4. The applicant will be informed how to request an Informal Review;
5. If WCHA is denying assistance for criminal activity as shown by a criminal record,
WCHA must notify the household of the proposed action to be based on the information received and must provide the subject of the record and the tenant with a copy of the criminal record. If the family requests an Informal Review, W CHA must provide them an opportunity to dispute the accuracy and relevance of the criminal record in the Informal Review process.
E An applicant’s request for an Informal Review must be made in writing within ten (10)
calendar days of the date of the written notification of the applicable determination. The request for Informal Review must be delivered to W CHA and date stamped upon receipt or received by W CHA in the mail and date stamped upon receipt.
F The Informal Review shall be conducted by any person or persons designated by W CHA
, other than a person who made or approved the determination under review or a subordinate of such person.
G A notice of the Informal Review decision shall be provided in writing to the applicant
within thirty calendar days of receipt of the applicant’s request for an Informal Review. The written notice shall include a brief explanation of the reasons for the final decision.
H All requests for an Informal Review, supporting documentation, and a copy of the final
decision shall be retained in the applicant’s file. 23.2 Informal Hearing Procedures for Participants
A Appeals by participants of WCHA ’s HCVP shall be administered as outlined in the HUD
regulations for Informal Hearings.
B Participants are households who have an effective assisted rental agreement and HAP Contract and are currently participating in the HCVP.
C WCHA must provide HCVP participants with the opportunity for an Informal Hearing
for determinations related to:
1. Requests involving the calculation of total tenant payment or tenant rent including minimum rent where a tenant believes that such rent would cause a hardship, the family will be contacted and an explanation of the total tenant payment and tenant rent calculation will be made. If the family requests an Informal Hearing, the Informal Hearing procedures will be followed.
2. For bedroom size determination, the family will be sent a copy of the Occupancy
Standards. If the family requests an Informal Hearing, the Informal Hearing procedures will be followed.
3. Denial or termination of assistance.
4. Determination that a family is over-housed and is denied an exception to the subsidy
standards.
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D Informal Hearings are not required for a family when WCHA :
1. Fails a unit for HQS violations;
2. Refuses to extend a HCV;
3. Imposes sanctions against an owner who is not in compliance with HCVP requirements.
E Participants must be notified of their right to an Informal Hearing in most circumstances in
which W CHA makes a determination affecting their eligibility or assistance. Participants shall be notified that if they have a disability, they have a right to request reasonable accommodation, if needed, to participate in the Informal Hearing process.
F WCHA will give the participant a prompt written notice of the determination, which
will describe:
1. The reason(s) for the termination or reduction in benefits;
2. The procedures for requesting a hearing if the family does not agree with the termination (or reduction): a. If, WCHA is terminating assistance for criminal activity as shown by a criminal
record, W CHA must notify the household of the proposed action based on the information received, and must provide the subject of the record and the tenant with a copy of the criminal record, upon written request. If the family requests an informal hearing, W CHA must give them an opportunity at that hearing to dispute the accuracy and relevance of the record.
3. The timeframe for requesting a hearing.
G The Informal Hearing shall be conducted by the Hearing Officer who is a person
appointed by WCHA who is neither the person who made or approved of the determination under review, nor a subordinate of such person.
H The participant will be given the option of presenting oral or written objections to the
determination in question. The family has the right to legal counsel or other representation, at their own expense. The Hearing Officer shall regulate conduct of the hearing. Both WCHA staff and the family must have the opportunity to present evidence and/or witnesses.
I WCHA may implement the following changes, prior to the Informal Hearing:
1. Changes in the total tenant payment or tenant rent;
2. Denial of a new HCV for a family that wants to move;
3. Determination of number of bedrooms on a HCV.
J For actions that will terminate the participant from the HCVP, W CHA will conduct the
Informal Hearing prior to terminating assistance.
K Participants will be notified of the Informal Hearing appointment, in writing after the receipt of the hearing request. The notice will specify:
1. The date, time, and place of the hearing;
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2. The procedures governing the Informal Hearing; and
3. A contact person and phone number to be used for questions or to reschedule the hearing.
L The participant may request to reschedule or continue the Informal Hearing only upon
showing “good cause”, which is defined as an unavoidable conflict in a meeting time with another agency, a doctor, or a company which seriously affects the health, safety or welfare of the participant.
M If a participant does not appear at a scheduled Informal Hearing, or is more than 30
(thirty) minutes late and has not arranged in advance to reschedule the Informal Hearing, the participant may be declared in default and a decision will be rendered. W CHA may set aside the default decision and reschedule the Informal Hearing only upon a showing of good cause (as previously defined) for the participant’s absence. In this event, the Informal Hearing will be rescheduled only one time.
N If the head of household is incarcerated or otherwise unavailable, the family must
designate another adult to appear at the Informal Hearing.
O Participants have the right to:
1. Examine the documents submitted to the Hearing Officer;
2. Present any or all information pertinent to the issue of the hearing;
3. Request that W CHA staff be available or present at the hearing to answer questions pertinent to the case;
4. Be represented by legal counsel or designated representatives at their own expense.
A minimum of four days advance notice must be made to W CHA of the legal counsel or designated person.
P In addition to the other requirements contained in this Section, W CHA has a right to:
1. Present evidence and all or any information pertinent to the issue of the Hearing;
2. Have its attorney present;
3. Have the staff person familiar with the case present at the Informal Hearing.
Q The Informal Hearing shall concern only the issues identified in the “opportunity for
hearing” notice. Evidence presented at the hearing may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.
R The Hearing Officer will make a determination on how the rule or regulation was correctly
or incorrectly applied to information submitted at the hearing. A notice of the Informal Hearing findings shall be provided in writing to W CHA , and shall include a brief explanation of the reasons for the final decision.
S Participants shall be notified of the result of the Informal Hearing as follows:
1. A written notice of the decision will be sent to the family within 15 calendar days of
the decision.
2. The written decision of the hearing officer shall contain the following:
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a. A summary of the decision including the reasons therefore; b. Whether the decision is based on money owed by the family; c. If the family is to be allowed to enter into a Repayment Agreement, provide sufficient information to allow W CHA staff to compute the amount owed; d. If the Family is allowed the option to enter into a Repayment Agreement pursuant to a Retroactive Suspension, the decision shall state the number of months to be repaid; e. If the Hearing Officer is so requested by W CHA , the decision shall state if and when the family may reapply for HCVP assistance.
T WCHA is not bound by Informal Hearing decisions in the following cases:
1. Matters in which W CHA is not required to provide an opportunity for a hearing;
2. Decisions contrary to HUD regulations or requirements;
3. Decisions contrary to federal, state or local laws;
4. Decisions that exceed the authority of the person conducting the hearing.
U WCHA shall send a letter to the participant if it determines that W CHA is NOT bound
by the Hearing Officer’s determination within 15 calendar days. The letter shall include WCHA ’s reasons for the decision.
V All requests for an Informal Hearing, supporting documentation, and a copy of the final
decision will be retained in the Tenant’s file.
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CHAPTER 24: MISSED APPOINTMENTS
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Chapter 24. Missed Appointments
24.0 Overview
A HUD regulations specify the following family obligations – to supply such certification,
release of information, or documentation as W CHA or HUD determine to be necessary, including the submission of Social Security numbers and verifying documentation, the submission of signed consent forms for obtaining wage and claim information from State Wage Information Collection Agency, and submissions required for an annual or interim reexamination of family income and composition.
B WCHA sets appointments to interview the family and obtain this information.
C A family or tenant who fails to keep the specified appointment(s) without notifying W CHA
shall be sent a notice of denial or termination of assistance for failure to supply necessary information including such certification, release information or documentation as WCHA or HUD determines to be necessary (or failure to allow W CHA to inspect the dwelling unit at reasonable times and after reasonable notice, if applicable) in the following situations:
1. Full application
2. Bringing in verification information
3. Housing Choice Voucher (HCV) briefing
4. Housing Quality Standards inspection and re-inspection
5. Recertification
6. Interim adjustment
7. Other appointments or requirements to bring in documentation as listed in this Plan
D W CHA will consider a letter or notice that was mailed to have been delivered if it is not
returned to W CHA by the Post Office marked as undeliverable.
E Process when appointment(s) are missed:
1. For all of the functions above, the family will be given two appointments and if: a. The family does not appear or call to reschedule the appointment(s), as required,
WCHA will begin denial or termination procedures. The family or tenant will be given an opportunity for an informal review or hearing, as appropriate.
b. The Hearing Officer makes a determination in favor of the tenant; an appointment for the original function listed above for which the informal hearing is being held will be scheduled.
c. If the rescheduled appointment is missed; the family will not have another opportunity for an informal review/hearing, unless the family submits documentation to the Hearing Officer that the family did not keep the appointment due to medical reasons or death of a family member. i) In that case, the Hearing Officer may decide to allow a rescheduled
appointment. The Hearing Officer would then notify WCHA, who would notify the family within 15 calendar days of the submission of documentation to the Hearing Officer of the opportunity to have a rescheduled appointment.
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CHAPTER 25: REPAYMENT AGREEMENTS
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Chapter 25. Repayment Agreements 25.0 Overview
A WCHA is required to include in the administrative plan, policies concerning repayment by a family of amounts owed to the PHA [24 CFR 982.54]. This part describes W CHA’s policies for recovery of monies that have been overpaid on behalf of families, or to owners.
B Except for repayment agreements that are the result of a hearing decision, a Repayment
Agreement is to be implemented within 30 days after the family has been notified that they owe W CHA money. Failure to meet the Repayment Agreement timeframe will result in termination. If the family claims a financial emergency, the situation will be verified by staff. Upon verification, staff will make the decision to approve any deviation from the amounts owed or the terms of the agreement.
C Families may owe W CHA money for unreported or underreported information that
affected the assistance paid on their behalf to owners by W CHA.
D WCHA will enter into one (1) Repayment Agreement with a family during the family’s tenure on the program. If an existing Repayment Agreement has a balance due; WCHA will not amend the Repayment Agreement to incorporate additional amounts due. Any additional money subsequently owed will have to be paid in full. If a family has a repayment agreement for failure to report income during the period that the family receives rental assistance, W CHA will consider a second failure to report as “willful and intentional” and will terminate assistance to the family. Families will not be allowed to initiate a move to another unit until amounts owed have been paid in full, unless the move is directed by W CHA personnel because the unit is overcrowded or under-occupied.
E WCHA must notify the family of the amount of its liability and inform them of the
consequences if they do not pay. 25.1 Repayment Agreements [24 CFR 792.103]
A The term repayment agreement refers to a formal document signed by a tenant and provided to the PHA in which a tenant acknowledges a debt in a specific amount and agrees to repay the amount due at specific time periods. Repayment Agreements are executed with families or owners who owe money to W CHA.
B If W CHA determined that the family committed willful and intentional fraud, W CHA will:
1. Terminate the Housing Assistance.
2. Require the family to repay the entire amount in full.
3. Take civil litigation action to collect the amount owed.
4. Refuse future application or assistance.
C In determining whether the family violated a family obligation, W CHA will consider if the family supplied the information willingly at the annual recertification. If the family did not supply the information needed at recertification, assistance will be terminated as a willful and intentional misrepresentation and a violation of a family obligation.
D If the family supplied the information regarding the prior violation willingly and if W CHA
determines there was no willful intent to defraud, W CHA may enter into a Repayment Agreement for amounts not to exceed $9,000 following the schedule below. If the amount owed is over $9,000, W CHA will give the family the option to pay the full amount owed in
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excess of $9,000, plus the initial deposit, and enter into a Repayment Agreement for the difference. If the family cannot pay the excess amount and the initial deposit the WCHA will terminate the family from participating with the program. In addition, W CHA will pursue other modes of collection, including referral to the Inspector General.
E If W CHA enters into a Repayment Agreement with an assisted family, the Repayment
Agreement will be set up as follows and the family must sign and make their initial payment within 30 days of notification:
Monthly Payment
Amount Owed Initial Payment Maximum Term Maximum
$ 0 - $500 *Full Amount Immediate N/A $ 501 - $1,000 *$500 plus 20% of balance 3 Months $133.33 $1,001 - $1,500 *$500 plus 20% of balance 6 Months $133.33 $1,501 - $3,000 *$500 plus 20% of balance 12 Months $166.67 $3,001 - $9,000 *$500 plus 20% of balance 24 Months $283.33
*Due at the execution of the Repayment Agreement
F If the family has signed a Repayment Agreement after the execution of its current HAP Contract and breaches the Repayment Agreement, WCHA may terminate assistance to the family for a breach of the Repayment Agreement. Also, if the family refuses to repay the debt or enter into a repayment agreement W CHA will terminate the assistance upon notification to the family, and shall then pursue other modes of collection. If the participant seeks to be discharged from the debt through a bankruptcy filing, and if the debt is due to fraud against the program, W CHA will object to the discharge of the debt in addition to terminating assistance to the participant.
G If the family refuses to sign a Repayment Agreement for a failure to report household
and/or income changes, it will be considered fraud. In this case, W CHA will terminate assistance for fraud, after the amount is verified. W CHA may also take the family to civil litigation for collection. If the amount is $10,000 or over, W CHA may forward the case to the Regional Inspector General for investigation.
H If the tenant refuses to enter into a Repayment Agreement as a result of a hearing
decision, W CHA will terminate HCVP assistance and may take the family to civil litigation for collection.
I If the family’s HCVP assistance is terminated and the repayment has not been satisfied,
the balance is still owed and W CHA may take the family to civil litigation for collection.
J The tenant will be given an opportunity for an informal hearing prior to the termination of assistance unless the repayment agreement was the result of a prior hearing decision.
25.2 Repayment Agreement Guidelines
A Execution of Agreement - The head of household and spouse/co-head (if applicable) must sign the repayment agreement.
B Due Dates – All payments are due by the close of business on the 15th day of the
month. If the 15th does not fall on a business day, the due date is the first business day after the 15th.
C Non Payment – The family must make payments by the date due. If the payment is not
received by the due date, the family has breached the repayment agreement and the WCHA will terminate assistance upon written notifications to the family.
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D WCHA does not have a hardship exception. The family must comply with the Repayment Agreement Guidelines despite any change in circumstances beyond the family’s control.
25.3 Owner Fraud and Program Abuse When an action or inaction of an owner or participant results in the overpayment of housing assistance, the W CHA holds the owner or participant liable to return any overpayments to the WCHA. The W CHA will enter into repayment agreements in accordance with the policies contained in this part as a means to recover overpayments. When an owner or participant refuses to repay monies owed to the W CHA, the W CHA will utilize other available collection alternatives including, but not limited to, the following:
• Collection agencies
• Small claims court
• Civil law suit
A When W CHA determines that the owner has retained HAP to which the owner was not entitled, W CHA will notify the owner and immediately deduct amounts due from current and future HAP owed the owner.
B If the future HAP is insufficient to reclaim the amounts owed after billing, the additional
amount(s) will be referred to a collection agency for action. Additionally, if the owner refuses to repay the debt or does not repay the debt, WCHA will ban the owner from future participation in the program. Furthermore, if the amount owed by the owner is not repaid, the W CHA will pursue other modes of collection, including referral to the Inspector General, litigation and debt collection agencies. If the owner seeks to be discharged from the debt through a bankruptcy filing, and if the debt is due to fraud against the program, the W CHA will object to the discharge of the debt.
C WCHA will use the current HUD guidelines and regulations in addition to the Fraud
Addendum to this Plan as a guide in dealing with owner fraud and program abuse.
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CHAPTER 26: ENTERPRISE INCOME VERIFICATION (EIV)
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Chapter 26. Enterprise Income Verification (EIV) 26.0 Overview
A. W CHA is required to use HUD’s Enterprise Income Verification (EIV) system in its entirety
as a third party source to verify employment and income information, and to reduce administrative subsidy payment errors in accordance with HUD administrative guidance [24 CFR 5.233(a)(2)]. Failure to use the EIV system in its entirety may result in the imposition of sanctions, the assessment of disallowed costs associated with any resulting incorrect subsidy or tenant rent calculations, or both [24 CFR 5.233(b)]. WCHA will follow the verification guidance provided by HUD in PIH Notice PIH Notice 2010-3, Verification of Social Security and Supplemental Security Income Benefits, PIH Notice 2010- 19, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification System and any subsequent guidance issued by HUD. This chapter summarizes those requirements and provides supplementary PHA policies. HUD allows the PHA to use pay-stubs to project income once EIV data has been received in such cases where the family does not dispute the EIV employer data and where the PHA does not determine it is necessary to obtain additional third-party data.
WCHA Policy The W CHA will use HUD’s EIV system in its entirety. When EIV is obtained and the family does not dispute the EIV employer data, the W CHA will use current tenant-provided documents to project annual income. W hen the tenant provided documents are pay stubs, the W CHA will make every effort to obtain at least two consecutive pay stubs dated within the last 60 days.
The W CHA will obtain written and/or oral third-party verification in accordance with the verification requirements and policy in Chapter 9 in the following cases:
• If EIV or other UIV data is not available, • If the family disputes the accuracy of the EIV employer data, and/or • If the W CHA determines additional information is needed.
In such cases, the W CHA will review and analyze current data to anticipate annual income. In all cases, the family file will be documented with a clear record of the reason for the decision, and a clear audit trail will be left as to how the W CHA annualized projected income.
When the W CHA cannot readily anticipate income based upon current circumstances (e.g., in the case of seasonal employment, unstable working hours, or suspected fraud), the WCHA will review and analyze historical data for patterns of employment, paid benefits, and receipt of other income and use the results of this analysis to establish annual income.
B Up-front income verification (UIV) refers to the PHA’s use of the verification tools available
from independent sources that maintain computerized information about income and benefits. UIV will be used to the extent that these systems are available to the PHA.
WCHA Policy
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The WCHA will inform all applicants and participants of its use of the following UIV resources during the admission and reexamination process:
i. HUD’s EIV system ii. Department of Human Services iii. Child Support
The W CHA may use other non-governmental sources such as the Work Number. There may be legitimate differences between the information provided by the family and UIV- generated information. No adverse action can be taken against a family until the PHA has independently verified the UIV information and the family has been granted an opportunity to contest any adverse findings through the informal review/hearing process of the PHA.
26.1 Use of HUD’s EIV System HUD’s EIV system contains data showing earned income, unemployment benefits, and social security benefits and SSI benefits for participant families. HUD requires the PHA to use the EIV system in its entirety. The following policies will apply to the use of HUD’s EIV system.The EIV system contains two main components: tenant income data reports and income discrepancy reports (exceeds threshold).
26.2 Tenant Income Data (TID) Reports The data shown on TID reports is updated quarterly. Data may be between 3 and 6 months old at the time reports are generated.
WCHA Policy The W CHA will obtain TID reports for regular reexaminations on a monthly basis as part of the regular reexamination process.
TID reports will be compared to family-provided information as part of the regular reexamination process. TID reports may be used in the verification of annual income, as described in Chapter 6.I.C. TID reports may also be used to meet the regulatory requirement for third party verification, as described above. Policies for resolving discrepancies between TID reports and family-provided information will be resolved as described in Chapter 6.I.C. and in this chapter.
TID reports will be used in interim reexaminations when it is necessary to verify and calculate earned income, unemployment benefits, Social Security and/or SSI benefits, and to verify that families claiming zero income are not receiving income from any of these sources. TID reports will be retained in participant files with the applicable regular or interim reexamination documents.
When the W CHA determines through TID reports and third party verification that a family has concealed or under-reported income, corrective action will be taken pursuant to the policies in Chapter 29, Program Integrity.
26.3 Income Discrepancy Reports (IDRs) The IDR is a tool for identifying families who may have concealed or under-reported income. Data in the IDR represents income for past reporting periods and may be between 6 months and 30 months old at the time IDRs are generated.
Families who have not concealed or under-reported income may appear on the IDR in some circumstances, such as loss of a job or addition of new family members.
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WCHA Policy The W CHA will generate and review IDRs periodically. The IDR threshold percentage will be adjusted as necessary based on the findings in the IDRs. In reviewing IDRs, the WCHA will begin with the largest discrepancies.
When the W CHA determines that a participant appearing on the IDR has not concealed or under-reported income, the participant’s name will be placed on a list of “false positive” reviews. To avoid multiple reviews in this situation, participants appearing on this list will be eliminated from IDR processing until a subsequent interim or regular reexamination has been completed.
When it appears that a family may have concealed or under-reported income, the WCHA will request third- party written verification of the income in question.
When the W CHA determines through IDR review and third party verification that a family has concealed or under-reported income, corrective action will be taken pursuant to the policies in Chapter 29, Program Integrity.
26.4 EIV Request Requirements [PIH 2010-19] For each new admission or historical adjustment, the PHA is required to review the EIV Income Report to confirm/validate family-reported income within 120 days of the PIC submission date.
For each interim reexamination of family composition or income, the PHA is required to have the following documentation in file:
- ICN Page when there is no household income discrepancy noted on the household’s Income Discrepancy Report tab or Income Discrepancy Report.
- EIV Income Report when there is an income discrepancy noted on the household’s Income Discrepancy Report tab or Income Discrepancy Report.
For each annual reexamination of family income and composition, the PHA is required to have the following documentation in the tenant file:
- No Dispute of EIV Information: EIV Income Report, current acceptable tenant-provided documentation, and if necessary (as determined by the PHA), traditional third party verification form(s).
- Disputed EIV Information: EIV Income report, current acceptable tenant-provided documentation, and/or traditional third party verification form(s) for disputed information.
- Tenant-reported income not verifiable through EIV system: Current tenant-provided documents, and if necessary (as determined by the PHA), traditional third party verification form(s).
26.5 EIV Identity Verification Report The EIV system verifies tenant identities against SSA records. These records are compared to PIC data for a match on social security number, name, and date of birth. PHAs are required to use EIV’s Identity Verification Report on a monthly basis to improve the availability of income information in EIV [Notice PIH 2010-3]. When identity verification for a participant fails, a message will be displayed within the EIV system and no income information will be displayed.
WCHA Policy The W CHA will identify participants whose identity verification has failed by reviewing EIV’s
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Identity Verification Report. The W CHA will attempt to resolve PIC/SSA discrepancies by obtaining appropriate documentation from the tenant, updating section 3 of the form HUD- 50058, and transmitting a revised form HUD-50058 into PIC. W hen the W CHA determines that discrepancies exist due to WCHA errors such as spelling errors or incorrect birth dates, the errors will be corrected promptly.
Note: The availability of certain income information in the EIV system, such as that pertaining to SS and SSI benefits, depends on the quality of PHA data and the timely submission of form HUD-50058 in the PIC system. The PHA must submit form HUD-50058 electronically, and ensure that data entered in section 3 of the form is complete and accurate. If a family’s form is not successfully submitted to PIC, income information will not be available in PIC [24CFR 908.201, Notice PIH 2010-3].
26.6 EIV Verification Hierarchy-Excerpt from HUD Verification Guidance Notice
(PIH 2010-19, pp 11-14) PHAs should begin with the highest level of verification techniques. PHAs are required to access the EIV system and obtain an Income Report for each household. The PHA is required to maintain the Income Report in the tenant file along with the form HUD-50058 and other supporting documentation to support income and rent determinations for all mandatory annual reexaminations of family income and composition. If the Income Report does not contain any employment and income information for the family, the PHA should attempt the next lower level verification technique, as noted in the chart below.
Level Verification Technique Ranking
6 Upfront Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) system (not available for income verifications of applicants)
Highest (Mandatory)
5 Upfront Income Verification (UIV) using non-HUD system
Highest (Optional)
4 Written third Party Verification High (Mandatory to supplement EIV-reported income sources and when EIV has no data; Mandatory for non- EIV reported income sources; Mandatory when tenant disputes EIV-reported employment and income information and is unable to provide acceptable documentation to support dispute)
3 Written Third Party Verification Form Medium-Low (Mandatory if written third party verification documents are not available or rejected by the PHA; and when the applicant or tenant is unable to provide acceptable documentation)
2 Oral Third Party Verification Low (Mandatory if written third party verification is not available)
1 Tenant Declaration Low (Use as a last resort when unable to obtain any type of third party verification)
Note: This verification hierarchy applies to income determinations for applicants and participants.
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26.7 Verification Technique Definitions
Third Party Verification Techniques
A. Upfront Income Verification (UIV) (Level 6/5): The verification of income before or during a family reexamination, through an independent source that systematically and uniformly maintains income information in computerized form for a number of individuals.
It should be noted that the EIV system is available to all PHAs as a UIV technique. PHAs are encouraged to continue using other non-HUD UIV tools, such as The Work Number (an automated verification system) and state government databases, to validate tenant-reported income.
B. Written Third Party Verification (Level 4): An original or authentic document generated by a third
party source dated either within the 60-day period preceding the reexamination or PHA request date. Such documentation may be in the possession of the tenant (or applicant), and is commonly referred to as tenant-provided documents. It is the Department’s position that such tenant-provided documents are written third party verification since these documents originated from a third party source. The PHA may, at its discretion, reject any tenant-provided documents and follow up directly with the source to obtain necessary verification of information.
Examples of acceptable tenant-provided documentation (generated by a third party source) include, but are not limited to: pay stubs, payroll summary report, employer notice/letter of hire/termination, SSA benefit verification letter, bank statements, child support payment stubs, welfare benefit letters and/or printouts, and unemployment monetary benefit notices.
Current acceptable tenant-provided documents must be used for income and rent determinations.
The PHA is required to obtain at a minimum, two current and consecutive pay stubs for determining annual income from wages. For new income sources or when two pay stubs are not available, the PHA should project income based on the information from a traditional written third party verification form or the best available information.
Note: Documents older than 60 days (from the PHA interview/determination or request date) is acceptable for confirming effective dates of income.
C. Written Third Party Verification Form (Level 3): Also, known as traditional third party verification.
I s a standardized form to collect information from a third party source. The form is completed by the third party by hand (in writing or typeset). PHAs send the form directly to the third party source by mail, fax, or email.
It is the Department’s position that the administrative burden and risk associated with use of the traditional third party verification form may be reduced by PHAs relying on acceptable documents that are generated by a third party, but in the possession of and provided by the tenant (or applicant). Many documents in the possession of the tenant are derived from third party sources (i.e. employers, federal, state and/or local agencies, banks, etc.).
The Department recognizes that third party verification request forms sent to third party sources often are not returned. In other instances, the person who completes the verification form may provide incomplete information; or some tenants may collude with the third party source to provide false information; or the tenant intercepts the form and provides false information.
The Department requires PHAs to rely on documents that originate from a third party source’s
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computerized system and/or database, as this process reduces the likelihood of incorrect or falsified information being provided on the third party verification request form. The use of acceptable tenant-provided documents, which originate from a third party source, will improve the integrity of information used to determine a family’s income and rent and ultimately reduce improper subsidy payments. This verification process will also streamline the income verification process.
D. Oral Third Party Verification (Level 2): Independent verification of information by contacting the
individual income/expense source(s), as identified through the UIV technique or identified by the family, via telephone or in-person visit. PHA staff should document in the tenant file, the date and time of the telephone call (or visit to the third party), the name of the person contacted and telephone number, along with the confirmed information.
This verification method is commonly used in the event that the independent source does not respond to the PHA’s faxed, mailed, or e-mailed request for information in a reasonable time frame, i.e., ten (10) business days.
E. Non-Third Party Verification Technique -Tenant Declaration (Level 1): The tenant submits an
affidavit or notarized statement of reported income and/or expenses to the PHA. This verification method should be used as a last resort when the PHA has not been successful in obtaining information via all other verification techniques. W hen the PHA relies on tenant declaration, the PHA must document in the tenant file why third party verification was not available.
F. Exceptions to Third Party Verification Requirements
HUD is aware that in some situations, third party verification is not available for a variety of reasons. Oftentimes, the PHA may have made numerous attempts to obtain the required verifications with no success, or it may not be cost effective to obtain third party verification of income, assets, or expenses, when the impact on total tenant payment is minimal. In these cases, the PHA is required to document in the family file the reason(s) why third party verification was not available.
The exception to third party verification can be found at 24 CFR §960.259(c)(1) and §982.516(a)(2), which states, “The PHA must obtain and document in the family file third party verification of the following factors, or must document in the file why third party verification was not available.”
1. Third party verification requirements. In accordance with 24 CFR §960.259(c)(1) and 24 CFR
§982.516(a)(2) for the Public Housing and the HCV programs, respectively, the PHA must obtain and document in the tenant file third party verification of the following factors, or must document in the tenant file why third party verification was not available: (i) reported family annual income; (ii) the value of assets; (iii) expenses related to deductions from annual income; and (iv) other factors that affect the determination of adjusted income.
2. How to comply with and reduce administrative burden of third party verification
requirements of family annual income. PHAs can comply with and reduce administrative burden of third party verification requirements for employment, wage, unemployment compensation and social security benefits, and any other information that is verifiable using EIV by:
a. Reviewing the EIV Income Report to confirm/validate tenant-reported income; and b. Printing and maintaining an EIV Income Report (or an EIV Individual Control Number
(ICN) page for interim reexaminations as prescribed in Section 12 of this Notice) in the tenant file; and
c. Obtaining current acceptable tenant-provided documentation to supplement EIV information; and
d. Using current tenant-provided documentation and/or third party verification to calculate annual income.
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Note: Social Security benefit information in EIV is updated every three months. If the tenant agrees with the EIV-reported benefit information, PHAs do not need to obtain or request a benefit verification letter from the tenant. See PIH Notice 2010-03 for guidance on verifying Social Security benefit income through the EIV system.
The PHA may also reduce the administrative burden of obtaining third party verification by relying on acceptable documents that are generated by a third party, but provided by the tenant. Many documents in the possession of the tenant are derived from third party sources (i.e. employers, federal, state and/or local agencies, banks, etc.).
3. When the PHA is required to request written third party verification. The PHA must request written third party verification under the following circumstances:
a. W hen the tenant disputes the EIV information and is unable to provide acceptable
documentation to support his/her dispute (24 CFR §5.236(b)); b. W hen the PHA requires additional information that is not available in EIV and/or the tenant is
unable to provide the PHA with current acceptable tenant-provided documentation. Examples of additional information, includes but is not limited to:
i. Effective dates of income (i.e. employment, unemployment compensation, or social
security benefits) ii. For new employment: pay rate, number of hours worked per week, pay frequency,
etc. iii. Confirmation of change in circumstances (i.e. reduced hours, reduced rate of pay,
temporary leave of absence, etc.)
Note: 24 CFR §5.236(a), prohibits PHAs from taking adverse action based solely on EIV information.
4. Type of file documentation required to demonstrate PHA compliance with mandated use of EIV as a third party source to verify tenant employment and income information (24 CFR §5.233(a)(2)(i)).
A. For each new admission (form HUD-50058 action type 1), the PHA is required to do the following:
i. Review the EIV Income Report to confirm/validate family-reported income within 120 days of the PIC submission date; and
ii. Print and maintain a copy of the EIV Income Report in the tenant file; and iii. Resolve any income discrepancy with the family within 60 days of the EIV Income
Report date. B. For each historical adjustment (form HUD-50058 action type 14), the PHA is required
to do the following: i. Review the EIV Income Report to confirm/validate family-reported income within
120 days of the PIC submission date; and ii. Print and maintain a copy of the EIV Income Report in the tenant file; and iii. Resolve any income discrepancy with the family within 60 days of the EIV Income
Report date.
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C. For each interim reexamination (form HUD-50058 action type 3) of family income and composition, the PHA is required to have the following documentation in the tenant file:
i. ICN Page when there is no household income discrepancy noted on the household’s Income Discrepancy Report tab or Income Discrepancy Report. (PHAs have the discretion to print the EIV Income report, however, only the ICN page is required.) See sample screen shot below.
Note: The ICN Page is available from the Summary Report tab. See sample screen shot below:
Click here to generate printer-friendly ICN page
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ii. EIV Income Report when there is an income discrepancy noted on the household’s Income Discrepancy Report tab or Income Discrepancy Report. See sample screen shot below:
D. For each annual reexamination of family income and composition, the PHA is required to
have the following documentation in the tenant file:
i. No Dispute of EIV Information: EIV Income Report, current acceptable tenant- provided documentation, and if necessary (as determined by the PHA), traditional third party verification form(s). See examples 1 and 3 below.
ii. Disputed EIV Information: EIV Income report, current acceptable tenant-provided documentation, and/or traditional third party verification form(s) for disputed information. See example 2 below.
iii. Tenant-reported income not verifiable through EIV system: Current tenant-provided documents, and if necessary (as determined by the PHA), traditional third party verification form(s). See example 3 below.
26.8 EIV Examples of Disputes
Example 1: No Disputed EIV Information & Tenant Provided Documents
You are conducting an annual reexam with tenant, Mary Jones. Ms. Jones reports that she is employed at the ABC Box Company. You pull up the EIV income report for the Jones family, which shows quarterly wages from the ABC Box Company for the full year of 2008, and the first two quarters of 2009. Last year’s (2009) annual reexam reflects wages from the same employer. There is no other income information on the report.
The PHA may streamline the income verification process by requesting Ms. Jones provide current pay stubs dated within the last 60 days of the interview or PHA request date. The PHA must obtain a minimum of two current and consecutive pay stubs from Ms. Jones. Since there is no disparity between tenant-reported and EIV-reported income, the PHA may obtain original and current tenant-provided pay stubs to calculate annual income.
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The PHA may not use quarterly EIV wage (or unemployment benefit) information to calculate annual income since this information is at least six months old and more current income information (from pay stubs) is available.
Example 2: Disputed EIV Information & No Tenant-Provided Documents
You are conducting an annual reexam with tenant, Bob Miller. Mr. Miller reports that his only source of income is monetary support from his sister, Betty Miller. You pull up the EIV income report for the Miller family, which shows quarterly wages from the Home Depot for the full year of 2008, and the first two quarters of 2009. There is no other income information on the EIV report. Last year’s (2009) annual reexam reflects no wage information and only source of income is other non-wage income (monetary support from family member).
You inform Mr. Miller that the EIV system shows wages from the Home Depot and ask him to provide you with current pay stubs. Mr. Miller states that he does not work there and has no pay stubs.
Because Mr. Miller disputes the EIV-reported income and is unable to provide documents to support his dispute, the PHA must request written third party verification from Home Depot. You mail a third party verification request form to the address listed for Home Depot.
A few days later, you receive the third party verification request form back from Home Depot, which indicates that Mr. Miller has been employed there since January 5, 2008, and a payroll summary report, showing Mr. Miller’s bi-weekly gross and net pay since January 2008. Since the disputed EIV information has been confirmed to be correct by the independent third party source (Home Depot), the PHA will use the income information from the payroll summary report to calculate annual income. The PHA would also calculate the retroactive rent (using the information provided by Home Depot) since Mr. Miller failed to disclose his employment at the 2008 and 2009, annual reexams. The PHA would also inform Mr. Miller of this retroactive rent and take action according to PHA-established policies.
Example 3: Tenant Unreported Income, Income not Verifiable through EIV & Tenant- Provided Documents
You are conducting an annual reexam with tenant, Sharon Duvet. Ms. Duvet reports that her only source of income is child support and provides you with four current and consecutive child support pay stubs. You pull up the EIV Income Report for the Duvet family, which shows: hire date at the District Police Department effective January 9, 2005; quarterly wages from the District Police Department for the full years of 2005, 2006, 2007, and 2008, and the first two quarters of 2009. There is no other income information on the EIV Income Report. Last year’s (2009) annual reexam reflects income from only child support. You inform Ms. Duvet that the EIV system is showing wages from the District Police Department and you ask her to provide you with current pay stubs. Ms. Duvet admits that she has been working at the District Police Department and indicates that she can provide you with current pay stubs. You inform Ms. Duvet that you will also have to calculate her retroactive rent for the previous years in which she did not disclose her employment. You go over the EIV-reported wages with Ms. Duvet and she indicates that she does not dispute the information.
Since Ms. Duvet does not dispute the EIV-reported information, the PHA may use the tenant provided documents to calculate income and rent for the 2010 annual reexam, and use the EIV- reported earnings for years 2005 through 2008, to calculate the retroactive rent Ms. Duvet will
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owe. The PHA should require Ms. Duvet to provide her last pay stub from 2009, or her 2009 W - 2, to calculate the retroactive rent for 2009. The PHA will use the tenant-provided child support pay stubs (child support income is not available in EIV) to calculate annual income from this source.
E. What if the tenant does not provide the PHA with requested information? If the tenant does not provide the requested information, the PHA may mail or fax a third party verification request form to the third party source. The PHA is required to request third party verification when the tenant disputes EIV information and the tenant is unable to provide acceptable documentation to support disputed information. However, the PHA should also remind the tenant that s/he is required to supply any information requested by the PHA for use in a regularly scheduled annual or interim reexamination of family income and composition.
The PHA may determine that the tenant is not in compliance with program requirements and terminate tenancy or assistance, or both, if the tenant fails to provide the requested information in a timely manner (as prescribed by the PHA).
How to use EIV to reduce administrative and subsidy payment errors. EIV has the ability to identify other potential issues which may impact a family’s level of assistance. EIV contains stand- alone reports, which a PHA may generate at any time (i.e. Deceased Tenants Report, New Hires Report, Multiple Subsidy Report, Identity Verification Report, Income Discrepancy Report, Debts Owed to PHAs & Termination Report, and Immigration Report). However, it should be noted that the information from these stand-alone reports are contained in the Income Report for each household. PHAs are required to address any and all potential issues at the time of the annual or interim reexam, as conveyed in the Income Report.
PHAs may use the stand-alone reports to monitor staff’s progress in reducing the following administrative and subsidy payment errors by using the listed reports:
a. Incorrect/invalid SSNs/name/date of birth – Identity Verification Report
b. Follow-up with families who need to disclose a SSN – Immigration Report
c. Duplicate rental assistance – Multiple Subsidy Report
d. Unreported increase in income – Income discrepancy Report
e. Improper payments on behalf of deceased tenants – Deceased Tenants Report
f. Unreported new employment (PHAs with interim increase policy) – New Hires Report
g. Adverse Termination/Outstanding Debt to PHA – Debts Owed to PHAs & Termination Search
In order to ensure PHAs are aware of potential subsidy payment errors, PHAs are required to monitor the following EIV reports on a monthly basis:
1. Deceased Tenants Report
2. Identity Verification Report
3. Immigration Report
In order to ensure PHAs are aware of potential subsidy payment errors, PHAs are required to
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monitor the following EIV reports on a quarterly basis:
1. Income Discrepancy Report
2. Multiple Subsidy Report
3. New Hires Report (if your agency has an interim increase policy)
G. How to use the EIV Income Report as a third party source to verify tenant employment and income information. The EIV Income Report provides a variety of information about each household member of the family. The report contains the following information for each household member:
a. Personal identifiers: name, date of birth, and SSN
b. Identity verification status (pending, verified, deceased, or failed)
c. Employment information
1. New Hire Information (W -4)
i. Date hired
ii. Employer name
2. Employer name, address, and employer identification number of current and past
employers
3. Quarterly earnings
1. Quarterly unemployment compensation
2. Social Security benefit information
1. Social Security (SS) benefits
i. Payment status code
ii. Date of current entitlement iii. Current net monthly benefit amount (if payable)
iv. Gross monthly benefit history (last 8 changes in benefit amount)
v. Lump sum payment amount and date
vi. Payee name and address
2. Dual Entitlement (Social Security benefits under another person’s SSN)
i. Claim Number (the other person’s SSN)
ii. Payment status code
iii. Date of current entitlement
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iv. Current net monthly benefit amount (if payable)
v. Gross monthly benefit history (last 8 changes in benefit amount)
vi. Payee name and address
3. Supplemental Security Income (SSI)
i. Payment status code
ii. Alien indicator
iii. Current net monthly benefit amount
iv. Current monthly state supplement benefit amount (if available)
v. Gross monthly benefit history (last 8 changes in benefit amount)
vi. Payee name and address
4. Medicare data
i. Payee name and address
ii. Monthly hospital insurance premium amount, buy-in status, and buy-in start and end dates
iii. Monthly supplemental medical insurance premium amount, buy-in status,
and buy-in start and end dates
f. Disability status and onset date
g. Identity verification status
h. Indicator of possible multiple rental subsidy
i. Indicator of debt and/or termination information from another PHA (effective September 2010)
All EIV Income Reports contain the date the report was generated and by whom; and the date EIV received each type of information.
To minimize tenant underreporting of income, PHAs are required to obtain an EIV Income Report for each family any time the PHA conducts an annual or interim reexamination of family income and composition.
In accordance with 24 CFR §5.236(b)(2)(3), PHAs are required to compare the information on the EIV report with the family-reported information. If the EIV report reveals an income source that was not reported by the tenant or a substantial difference in the reported income information, the PHA is required to take the following actions:
1. Discuss the income discrepancy with the tenant; and
2. Request the tenant to provide any documentation to confirm or dispute the unreported or
underreported income and/ or income sources; and
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3. In the event the tenant is unable to provide acceptable documentation to resolve the income discrepancy, the PHA is required to request from the third party source, any information necessary to resolve the income discrepancy; and
4. If applicable, determine the tenant’s underpayment of rent as a result of unreported or
underreported income, retroactively*; and
5. Take any other appropriate action as directed by HUD or the PHA’s administrative policies.
*The PHA is required to determine the retroactive rent as far back as the existence of complete file documentation (form HUD-50058 and supporting documentation) to support such retroactive rent determinations.
Note: A substantial difference is defined as an amount equal to or greater than $2,400, annually.
The tenant must be provided an opportunity to contest the PHA’s determination of tenant rent underpayment. HUD regulations require PHAs to promptly notify tenants in writing of any adverse findings made on the basis of the information verified through the aforementioned income discrepancy resolution process. The tenant may contest the findings in accordance with the PHA’s established grievance procedures, as required by HUD. The PHA may not terminate, deny, suspend, or reduce the family’s assistance until the expiration of any notice or grievance period.
When there is an unsubstantial or no disparity between tenant-reported and EIV-reported income information, the PHA is required to obtain from the tenant, any necessary documentation to complete the income determination process. As noted previously, the PHA may reject any tenant-provided documentation, if the PHA deems the documentation unacceptable. The PHA may reject documentation provided by the tenant for only the following HUD-approved reasons:
1. The document is not an original; or
2. The original document has been altered, mutilated, or is not legible; or
3. The document appears to be a forged document (i.e. does not appear to be authentic).
The PHA should explain to the tenant, the reason(s) the submitted documents are not acceptable and request the tenant to provide additional documentation. If at any time, the tenant is unable to provide acceptable documentation that the PHA deems necessary to complete the income determination process, the PHA is required to submit a traditional third party verification form to the third party source for completion and submission to the PHA.
If the third party source does not respond to the PHA’s request for information, the PHA is required to document the tenant file of its attempt to obtain third party verification and that no response to the third party verification request was received.
The PHA should then pursue lower level verifications in accordance with the verification hierarchy listed in section 8 of this notice.
H. Tenant Repayment Agreement. Tenants are required to reimburse the PHA if they were
charged less rent than required by HUD’s rent formula due to the tenant’s underreporting or failure to report income. The tenant is required to reimburse the PHA for the difference between the tenant rent that should have been paid and the tenant rent that was charged. This rent underpayment is commonly referred to as retroactive rent. If the tenant refuses to enter into a repayment agreement or fails to make payments on an existing or new repayment
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agreement, the PHA must terminate the family’s tenancy or assistance, or both. HUD does not authorize any PHA-sponsored amnesty or debt forgiveness programs.
All repayment agreements must be in writing, dated, signed by both the tenant and the PHA, include the total retroactive rent amount owed, amount of lump sum payment made at time of execution, if applicable, and the monthly repayment amount. At a minimum, repayment agreements must contain the following provisions:
a. Reference to the paragraphs in the Public Housing lease or Section 8 information packet
whereby the tenant is in non-compliance and may be subject to termination of tenancy or assistance, or both.
b. The monthly retroactive rent repayment amount is in addition to the family’s regular rent
contribution and is payable to the PHA.
c. The terms of the agreement may be renegotiated if there is a decrease or increase in the family’s income.
d. Late and missed payments constitute default of the repayment agreement and may result in
termination of tenancy and/or assistance. PHAs are required to determine retroactive rent amount as far back as the PHA has documentation of family reported income. For example, if the PHA determines that the family has not reported income for a period of five years and only has documentation for the last three years, the PHA is only able determine retroactive rent for the three years for which documentation is available.
The monthly retroactive rent payment plus the amount of rent the tenant pays at the time the repayment agreement is executed should be affordable and not exceed 40 percent of the family’s monthly adjusted income. However, PHAs have the discretion to establish thresholds and policies for repayment agreements in addition to HUD required procedures.
Example: • Family’s monthly adjusted income is $1,230. • Family’s monthly rent payment is $369 (30% of the family’s monthly adjusted income). • 40% of the family’s monthly adjusted income is $492. • The monthly payment for the repayment agreement should not exceed $123 per month
($369 monthly rent + $123 repayment = $492, 40% of the family’s monthly adjusted income.)
Repayment Time Period. The period in which the retroactive rent balance will be repaid is based on the monthly payments and original retroactive balance. Example: The tenant agrees to repay $1,000, by making a monthly payment of $25 for 40 months. Repayment Options- Tenants have the option to repay the retroactive rent balance as follows:
1. In a lump sum payment; or
2. Monthly installment; or
3. A combination of 1 and 2, above
a. For example, a tenant may owe $1,000, make a lump sum payment of $300 and
enter into a repayment agreement for the remaining balance of $700.
I. How long should the PHA maintain EIV printouts in a tenant file? The PHA’s record retention policy will determine the length of time the PHA should maintain EIV printouts in a tenant file. PHAs are authorized to maintain the EIV Income Report in the tenant file for the duration of
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tenancy and no longer than three years from the end of participation (EOP) date. In accordance with revised regulation, 24 CFR §908.101, PHAs are required to maintain at a minimum, the last three years of the form HUD- 50058, and supporting documentation for all annual and interim reexaminations of family income. All records are to be maintained for a period of at least three years from the effective date of the action.
J. Disclosure of an Individual’s EIV Information. The Federal Privacy Act (5 USC §552a, as
amended) prohibits the disclosure of an individual’s information to another person without the written consent of such individual. As such, the EIV data of an adult household member may not be shared (or a copy provided or displayed) with another adult household member, unless the individual has provided written consent to disclose such information.
However, the PHA is not prohibited from discussing with the head of household (HOH) and showing the HOH how the household’s income and rent were determined based on the total family income reported and verified.
EIV information and any other information obtained by the PHA for the purpose of determining eligibility and level of assistance for a PIH rental assistance program may not be disclosed to third parties for any reason (even for similar verifications under other programs, such as eligibility for low income housing tax credit units, other federal or state assistance programs), unless the tenant has authorized such disclosure in writing.
K. What to do if the EIV Information is incorrect.
Sometimes the source or originator of EIV information may make an error when submitting or reporting information about tenants. HUD cannot correct data in the EIV system. Only the originator of the data can correct the information. When the originator corrects the data, HUD will obtain the updated information with its next computer matching process. Below are the procedures tenants and PHAs should follow regarding incorrect EIV information:
Employment and wage information reported in EIV originates from the employer. The employer reports this information to the local State Workforce Agency (SW A), who in turn, reports the information to HHS’ National Directory of New Hires (NDNH) database.
If the tenant disputes this information, s/he should contact the employer directly, in writing to dispute the employment and/or wage information, and request that the employer correct erroneous information.
The tenant should provide the PHA with this written correspondence so that it may be maintained in the tenant file. If employer resolution is not possible, the tenant should contact the local SW A for assistance.
Unemployment benefit information reported in EIV originates from the local SW A. If the tenant disputes this information, s/he should contact the SW A directly, in writing to dispute the unemployment benefit information, and request that the SW A correct erroneous information. The tenant should provide the PHA with this written correspondence so that it may be maintained in the tenant file.
SS and SSI benefit information reported in EIV originates from the SSA. If the tenant disputes this information, s/he should contact the SSA at (800) 772–1213, or visit the local SSA office. SSA office information is available in the government pages of the local telephone directory or online at http://www.socialsecurity.gov.
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Note: The tenant may also provide the PHA with third party documents which are in the tenant’s possession to support their dispute of EIV information. The PHA, with the tenant’s consent, is required to submit a third party verification form to third party sources for completion and submission to the PHA, when the tenant disputes EIV information and is unable to provide documentation to validate the disputed information. The tenant’s failure to sign the consent form is grounds for termination of tenancy and/or assistance in accordance with 24 CFR §5.232.
Debts owed to PHAs and termination information reported in EIV originates from the PHA. If a current or former tenant disputes this information, s/he should contact the PHA (who reported the information) directly in writing to dispute this information and provide any documentation that supports the dispute. If the PHA determines that the disputed information is incorrect, the PHA will update or delete the record from EIV. Former tenants may dispute debt and termination information for a period of up to three years from the end of participation date in the PIH program.
Identity Theft. Seemingly incorrect information in EIV may be a sign of identity theft. Sometimes someone else may use an individual’s SSN, either on purpose or by accident. SSA does not require an individual to report a lost or stolen SSN card, and reporting a lost or stolen SSN card to SSA will not prevent the misuse of an individual’s SSN. However, a person using an individual’s SSN can get other personal information about that individual and apply for credit in that individual’s name. So, if the tenant suspects someone is using his/her SSN, s/he should check their Social Security records to ensure their records are correct (call SSA at (800) 772-1213); file an identity theft complaint with the local police department and/or Federal Trade Commission (call FTC at (877) 438-4338, or visit their website at: http://www.ftc.gov/bcp/edu/microsites/idtheft/); and s/he should also monitor their credit reports with the three national credit reporting agencies (Equifax, TransUnion, and Experian). The tenant should provide the PHA written documentation of filed identity theft complaint. (Refer back to paragraph on Employment and wage information regarding disputed EIV information related to identity theft).
Tenants may request their credit report and place a fraud alert on their credit report with the three national credit reporting agencies at: www.annualcreditreport.com or by contacting the credit reporting agency directly. Each agency’s contact information is listed below.
L. National Credit Reporting Agencies Contact Information
Equifax Credit Information Services, Inc. P.O. Box 740241 Atlanta, GA 30374 Website: www.equifax.com Telephone: (800) 685-1111
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M. Security of EIV Data. The data in EIV contains personal information on individual tenants which is protected under the Federal Privacy Act. The information in EIV may only be used for limited official purposes, as noted below.
Official Purposes Include:
1. PHAs, in connection with the administration of PIH programs, for verifying the employment and income at the time of interim and annual reexaminations.
2. HUD staff for monitoring and oversight of PHA compliance with HUD program
requirements.
3. Independent Auditors hired by the PHA or HUD to perform a financial audit for use in determining the PHA’s compliance with HUD program requirements, including verifying income and determining the accuracy of the rent and subsidy calculations.
Restrictions on disclosure requirements for Independent Auditors:
(a) May only access EIV income information within family files and only within the offices of the PHA or PHA-hired management agent;
(b) May not transmit or transport EIV income information in any form;
(c) May not enter EIV income information on any portable media;
(d) Must sign non-disclosure oaths that the EIV income information will be used only for the purpose of the audit; and
(e) May not duplicate EIV income information or re-disclose EIV income
information to any user not authorized by Section 435(j)(7) of the Social Security Act to have access to the EIV income data.
Official Purposes Does NOT Include: 1. Sharing the information with governmental or private entities not involved in the
reexamination process specifically used for PIH rental assistance programs. Disclosing the EIV information to other private or public entities for purposes other than determining eligibility and level of assistance for PIH rental assistance programs is prohibited since these entities are not a party to the computer matching agreements with the HHS and SSA. The fact that these entities may find the EIV beneficial for similar eligibility and determination purposes for other low-income housing programs or public benefits, does not permit these entities to use or view information in the EIV system that is covered by the computer matching agreements.
The computer matching agreements are governed by the Privacy Act and the Social Security Act. Specifically, sections 453(j)(7)(E)(ii) and (iv) of the Social Security Act (42 USC §653j) limit disclosure of the data matched between HUD and HHS’ National Directory of New Hires (NDNH) database to PHAs, Independent Auditors, the Inspector General (IG) and Attorney General, private owners, management agents, and contract administrators of Multifamily Housing programs.
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Penalties for Willful Disclosure or Inspection of EIV Data.
1. Unauthorized Disclosure – felony conviction and fine up to $5,000 or imprisonment up to five (5) years, as well as civil damages.
2. Unauthorized Inspection – misdemeanor penalty of up to $1,000 and/or one (1) year imprisonment, as well as civil damages.
Penalties for Noncompliance with Mandated EIV System Use. PHAs may be subject to sanctions and/or the assessment of disallowed costs associated with any resulting incorrect subsidy or tenant rent calculation or both. It should be noted that HUD may impose a sanction on any PHA who does not have access to the EIV system or the PHA has access to the system, however, has not used the system within the last six months. To avoid sanctions or disallowed costs, PHAs should follow all formal and informal guidance provided to PHAs via webcast trainings, PIH Rental Housing Integrity Improvement Project (RHIIP) periodic electronic mailings, and any other HUD Headquarters’-generated guidance.
Notice to Applicants and Tenants. PIH is providing PHAs with the attached EIV system information guide that PHAs may provide to applicants and tenants of PIH rental assistance programs. PHAs are not required to distribute this document. However, PHAs are strongly encouraged to provide applicants and tenants with the What You Should Know About EIV Guide to educate families about EIV and inform them of how it affects their family.
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CHAPTER 27: PAYMENT STANDARDS FOR THE HOUSING CHOICE VOUCHER PROGRAM
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Chapter 27. Payment Standards for the Housing Choice Voucher Program 27.0 Determination of Payment Standard
A HUD allows Housing Authorities to establish payment standards from 90% to 110% of
published Fair Market Rents (FMRs) for tenant-based HCVPs. W CHA will use its authority to establish and modify its payment standards or create multiple payment standards in order to optimize housing choices for participants and respond to trends in the rental market throughout its jurisdiction.
HUD typically updates FMRs on an annual basis, and WCHA will evaluate rent levels in its jurisdiction to establish payment standards for each bedroom size that are within the range required by HUD. In addition to market rents, WCHA will also consider HUD funding limits; average rents currently being paid for assisted units and the success rate for persons receiving HCV. If less than 70% of persons receiving a HCV are successful in leasing under the HCVP, W CHA may modify its payment standards and take other actions to enhance the success rate, providing there is sufficient funding from HUD.
27.1 Initial Payment Standard
A WCHA will utilize the most currently published FMRs to develop its initial payment
standards.
B The same payment standard, by bedroom size, will be used for all increments of funding within the Fair Market Rent area except high rent areas identified by W CHA .
27.2 High Rent Localities Areas
A WCHA has previously identified high rent localities and established a higher restricted
payment standard for certain communities at up to 110% of the published Fair Market Rent. Localities and bedroom sizes that qualify for higher payment standards are reported to the HUD local area office in Los Angeles and are discussed with HCV holders during briefing sessions. The decision to implement higher payment standards will be based on availability of sufficient funding from HUD.
B If sufficient funding is available, W CHA will use the following criteria to establish or modify
payment standards and localities that qualify for higher “Restricted Payment Standards”. WCHA staff will periodically monitor and review:
1. Market rents throughout the more than 30 cities and localities in W CHA’s jurisdiction;
a. Tenant rent burdens (the proportion of income paid by tenants for rent); b. The success rate for households receiving HCV to locate and rental agreement
units; and c. The number of assisted households residing in participating cities/localities and
trends in these numbers over time.
C The above factors will be used to determine which cities/localities are selected for restricted payment standards at up to 110% of the currently published FMR schedule. WCHA may adjust or make changes in the number of cities/localities or bedroom sizes that qualify for the higher payment standards during the year in an effort to improve housing choices and to deconcentrate participants. Such determinations will be brought before the H&CD Commission and reported to the Los Angeles Area Office of HUD.
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27.3 Affordability Adjustments
A If sufficient funding is available, WCHA may also utilize its published restricted payment standards of up to 110% of the FMR for the purpose of reasonable accommodation to allow a disabled client to access housing that will address a health and/or safety issue related to the disability.
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CHAPTER 28: OPERATING RESERVE AND MANAGEMENT ASSESSMENT (SEMAP) REQUIREMENTS
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Chapter 28. Operating Reserve and Management Assessment (SEMAP) 28.0 Overview
A The threshold for the amount of expenditure that may be made from the Operating
Reserve for other housing purposes without prior approval of the Board is set at any amount less than $80,000.
B The Section Eight Management Assessment Program (SEMAP) is a tool that
allows HUD to measure PHA performance in key areas to ensure program integrity and accountability. SEMAP scores translate into a rating for each PHA as high performing, standard, or troubled. Scores on individual SEMAP indicators, as well as overall SEMAP ratings, can affect the PHA in several ways.
• High-performing PHAs can be given a competitive advantage under notices of funding availability [24 CFR 985.103].
• PHAs with deficiencies on one or more indicators are required to correct the
deficiencies and report to HUD [24 CFR 985.106].
• PHAs with an overall rating of “troubled” are subject to additional HUD oversight, including on-site reviews by HUD staff, a requirement to develop a corrective action plan, and monitoring to ensure the successful implementation of the corrective action plan. In addition, PHAs that are designated “troubled” may not use any part of the administrative fee reserve for other housing purposes [24 CFR 985.107].
• HUD may determine that a PHA's failure to correct identified SEMAP
deficiencies or to prepare and implement a corrective action plan required by HUD constitutes a default under the ACC [24 CFR 985.109].
28.1 SEMAP Certification [24 CFR 985.101] PHAs must submit the HUD-required SEMAP certification form within 60 calendar days after the end of its fiscal year. The certification must be approved by PHA board resolution and signed by the PHA executive director. If the PHA is a unit of local government or a state, a resolution approving the certification is not required, and the certification must be executed by the HCV program director.
PHAs with less than 250 voucher units are only required to be assessed every other PHA fiscal year. HUD will assess such PHAs annually if the PHA elects to have its performance assessed on an annual basis; or is designated as “troubled” [24 CFR 985.105].
Failure of a PHA to submit its SEMAP certification within the required time frame will result in an overall performance rating of “troubled.”
A PHA’s SEMAP certification is subject to HUD verification by an on-site confirmatory review at any time.
Upon receipt of the PHA’s SEMAP certification, HUD will rate the PHA’s performance under each SEMAP indicator in accordance with program requirements.
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HUD Verification Method Several of the SEMAP indicators are scored based on a review of a quality control sample selected for this purpose. The PHA or the Independent Auditor must select an unbiased sample that provides an adequate representation of the types of information to be assessed, in accordance with SEMAP requirements [24 CFR 985.2].
If the HUD verification method for the indicator relies on data in the Form-50058 module (formerly known as MTCS) in the PIH Information Center (PIC), and HUD determines that those data are insufficient to verify the PHA's certification on the indicator due to the PHA's failure to adequately report family data, HUD will assign a zero rating for the indicator [24 CFR 985.3].
28.2 SEMAP Indicators [24 CFR 985.3 and form HUD-52648] The table below lists each of the SEMAP indicators, contains a description of each indicator, and explains the basis for points awarded under each indicator. A PHA that expends less than $300,000 in Federal awards and whose Section 8 programs are not audited by an independent auditor, is not be rated under SEMAP indicators 1-7.
SEM AP Indicators
Indicator 1: Selection from the waiting list Maximum Score: 15
• This indicator shows whether the PHA has written policies in its administrative plan for selecting applicants
from the waiting list and whether the PHA follows these policies when selecting applicants for admission from the waiting list.
• Points are based on the percent of families that are selected from the waiting list in accordance with the PHA’s written policies, according to the PHA’s quality control sample.
Indicator 2: Rent reasonableness Maximum Score: 20
• This indicator shows whether the PHA has and implements a reasonable written method to determine and
document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units
• Points are based on the percent of units for which the PHA follows its written method to determine reasonable rent and has documented its determination that the rent to owner is reasonable, according to the PHA’s quality control sample.
Indicator 3: Determination of adjusted income Maximum Score: 20
• This indicator measures whether the PHA verifies and correctly determines adjusted income for each assisted
family, and where applicable, uses the appropriate utility allowances for the unit leased in determining the gross rent.
• Points are based on the percent of files that are calculated and verified correctly, according to the PHA’s quality control sample.
Indicator 4: Utility allowance schedule Maximum Score: 5
• This indicator shows whether the PHA maintains an up-to-date utility allowance schedule. • Points are based on whether the PHA has reviewed the utility allowance schedule and adjusted it when
required, according to the PHA’s certification.
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Indicator 5: HQS quality control inspections Maximum Score: 5
• This indicator shows whether a PHA supervisor re-inspects a sample of units under contract during the PHA fiscal year, which meets the minimum sample size requirements for quality control of HQS inspections.
• Points are based on whether the required quality control re-inspections were completed, according to the PHA’s certification.
Indicator 6: HQS enforcement Maximum Score: 10
• This indicator shows whether, following each HQS inspection of a unit under contract where the unit fails to
meet HQS, any cited life-threatening deficiencies are corrected within 24 hours from the inspection and all other deficiencies are corrected within no more than 30 calendar days from the inspection or any PHA- approved extension or the PHA took appropriate action..
• Points are based on whether the PHA took appropriate action when the responsible party failed to correct all HQS deficiencies in accordance with required time frames, according to the PHA’s certification.
Indicator 7: Expanding housing opportunities Maximum Points: 5
• Only applies to PHAs with jurisdiction in metropolitan FMR areas. • This indicator shows whether the PHA has adopted and implemented a written policy to encourage
participation by owners of units located outside areas of poverty or minority concentration; informs voucher holders of the full range of areas where they may lease units both inside and outside the PHA’s jurisdiction; and supplies a list of owners/property managers or other parties who are willing to lease units or help families find units, including units outside areas of poverty or minority concentration.
• Points are based on whether the PHA has adopted and implemented written policies in accordance with SEMAP requirements, according to the PHA’s certification.
Indicator 8: FMR limit and payment standards Maximum Points: 5 points
• This indicator shows whether the PHA has adopted a payment standard schedule that establishe
payment standard amounts by unit size for each FMR area in the PHA’s jurisdiction, that are withi the basic range of 90 to 110 percent of the published FMR.
• Points are based on whether the PHA has appropriately adopted a payment standard schedule(s) according to the PHA’s certification.
Indicator 9: Annual reexaminations Maximum Points: 10
• This indicator shows whether the PHA completes a reexamination for each participating family at least every 12 months.
• Points are based on the percent of reexaminations that are more than 2 months overdue, according to data from PIC
Indicator 10: Correct tenant rent calculations Maximum Points: 5
• This indicator shows whether the PHA correctly calculates the family’s share of the rent to owner. • Points are based on the percent of correct calculations of family share of the rent, according to data from
PIC.
s n
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Indicator 11: Pre-contract HQS inspections Maximum Points: 5
• This indicator shows whether newly leased units pass HQS inspection on or before the effective date of the
assisted lease and HAP contract. • Points are based on the percent of newly leased units that passed HQS inspection prior to the effective
date of the lease and HAP contract, according to data from PIC.
Indicator 12: Annual HQS inspections Maximum Points: 10
• This indicator shows whether the PHA inspects each unit under contract at least annually. • Points are based on the percent of annual HQS inspections of units under contract that are more than 2
months overdue, according to data from PIC. Indicator 13: Lease-up Maximum Points: 20 points
• This indicator shows whether the PHA enters HAP contracts for the number of units or funding reserved
under ACC for at least one year. • Points are based on the percent of units leased during the last completed PHA fiscal year, or the percent of
allocated budget authority that has been expended by the PHA, according to data reported to HUD through the PHA’s VMS reporting.
Indicator 14: Family self-sufficiency (FSS) enrollment and escrow account balances Maximum Points: 10
NOT APPLICABLE TO WAKULLA COUNTY HOUSING AUTHORITY
Success Rate of Voucher Holders Maximum Points: 5
• Only applies to PHAs that have received approval to establish success rate payment standard
amounts, and isn’t effective until the second full PHA fiscal year following the date of HUD approval of success rate payment standard amounts.
• This indicator shows whether voucher holders were successful in leasing units with voucher assistance. • Points are based on the percent of families that were issued vouchers, and that became participants
in the voucher program.
Deconcentration Bonus Indicator Maximum Points: 5
• Submission of data for this indicator is mandatory for a PHA using one or more payment standard
amount(s) that exceed(s) 100 percent of the published FMR set at the 50 percentile rent, starting with the second full PHA fiscal year following initial use of payment standard amounts based on the FMRs
set at the 50th percentile. • Additional points are available to PHAs that have jurisdiction in metropolitan FMR areas and that
choose to submit the required data. • Points are based on whether the data that is submitted meets the requirements for bonus points.
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CHAPTER 29: PROGRAM INTEGRITY
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Chapter 29. Program Integrity 29.0 Program Abuse and Fraud
A The U. S. Department of Housing and Urban Development (HUD) conservatively
estimates that $200 million is paid annually to program participants who falsify or omit material facts in order to gain a larger assistance payment than they are entitled to under the law. HUD further estimates that 12% of all HUD-assisted families are either totally ineligible, or are receiving benefits which exceed their legal entitlement. W CHA is committed to assure that the proper level of benefits is paid to all program participants, and that housing resources reach only eligible families so that program integrity can be maintained.
B Criteria for Investigation of Suspected Abuse and Fraud:
Under no circumstances will W CHA undertake an inquiry or investigation of an assisted family arbitrarily. WCHA ’s expectation is that assisted families will comply with HUD requirements and program rules, and W CHA staff will make every effort (formally and informally) to orient and educate all assisted families in order to avoid unintentional violations. However, W CHA has a responsibility to HUD, to the community, and to eligible families in need of housing assistance, to monitor program applicants and participants for compliance and, when indicators of possible abuse come to W CHA ’s attention, to investigate such claims.
WCHA will investigate a program applicant or participant only in the event of one or more of the following circumstances:
1. Referrals, Complaints, or Tips: W CHA will follow up on referrals from other agencies,
companies or persons that are received by mail, by telephone, or in person, which allege that an assisted family is in non-compliance with, or otherwise violating, program rules. Allegations will be requested in writing; however W CHA will follow up on other leads as appropriate. Such follow-up will be made, providing that the referral contains at least one item of information that is independently verifiable. A copy of the allegation will be placed in the tenant file.
2. Internal File Review: A follow-up will be made if WCHA discovers (as a function of a
re-certification, an interim reevaluation, or a quality control review) information or facts, which conflict with previous file data, W CHA’s knowledge of the family, or is in any way discrepant with statements made by the family.
3. Verification or Documentation: A follow-up will be made if W CHA receives
independent verification or documentation, which conflicts with representations in the tenant file, (such as public record information or credit bureau reports).
C Steps WCHA will take to Prevent Program Abuse and Fraud
WCHA staff will utilize various methods and practices (listed below) to prevent program abuse, non-compliance, and willful violations of program rules by applicants, assisted families, and Owners. The policy objective is to establish confidence and trust in the management by emphasizing education as the primary means to obtain compliance by program families.
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1. Things You Should Know: This program integrity bulletin (created by HUD’s Inspector General) will be furnished and explained to all applicants to promote understanding of program rules, and to clarify W CHA ’s expectations for cooperation and compliance.
2. Program Orientation Session: W CHA staff will conduct mandatory orientation
sessions for all applicants, either prior to, or upon issuance of a Voucher. At the conclusion of all program orientation sessions, the family representative will be required to sign a briefing declaration to confirm that all rules and pertinent regulations were explained to them.
3. Owner/Owner Orientation Session: Orientation sessions will be conducted with new
HCVP owners/agents prior to, or upon, execution of contract, in order to assure an understanding of owner, family, and W CHA obligations, and to prevent improper or illegal practices by owners/agents.
4. Participant Counseling: W CHA staff will routinely offer tenant counseling as a part of
every re-certification interview in order to clarify any confusion pertaining to program rules and requirements.
5. Review and Explanation of Voucher and other Supplemental Forms: Staff will
explain all required forms and review the contents of all re-certification documents prior to signature.
6. Use of Instructive Signs and W arnings: Instructive signs will be conspicuously
posted in common areas and interview areas to reinforce compliance with program rules and to warn about penalties for fraud and abuse.
D Steps WCHA Will Take to Detect Program Abuse and Fraud.
WCHA staff will maintain a high level of awareness to indicators of possible abuse and fraud by assisted families.
1. File Reviews: Prior to initial eligibility, and at the completion of all subsequent re-
certifications, at least 5% of the family files will be reviewed. Such reviews shall include, but are not limited to: a. Changes in reported Social Security numbers or dates of birth b. Document authenticity c. Ratio between reported income and expenditures d. Review of signatures
2. Observation: W CHA staff, including Inspectors, will maintain high awareness of
circumstances, which may indicate program abuse or fraud. a. WCHA staff will review public Record Bulletins.
3. Owner/Owner Audits: WCHA will conduct periodic random quality control audits of
HCVP owners to assure compliance with the HAP Contract. Such audits may include, but are not limited to: a. Proof of ownership of assisted unit b. Rent collection receipts/records c. Maintenance/repair records d. An inspection of the unit
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E How WCHA Will Handle Allegations of Possible Abuse and Fraud.
WCHA staff will encourage program applicants, participants, and Owners to report suspected abuse to W CHA. All such referrals, as well as referrals from community members and other agencies, will be thoroughly documented and placed in the tenant file. All allegations, complaints, and tips will be carefully evaluated in order to determine if they warrant follow-up. WCHA will not follow up on allegations, which are vague or otherwise non-specific. WCHA will investigate only allegations, which contain one or more independently verifiable facts.
1. File Review: A file review will be conducted to determine:
a. If the subject of the allegation is a program applicant or participant; b. If the allegation contains information not previously known to W CHA; c. If W CHA is the most appropriate authority to do a follow-up (more so than police
or social services); d. If the participant’s past behavior lends credibility to the allegation; e. If there are any other corroborating complaints.
2. Conclusion of Preliminary Review: If at the conclusion of the preliminary file review,
there are facts contained in the allegation, which conflict with file data, and the facts are independently verifiable, W CHA will undertake an investigation to determine if the allegations are true or false.
F How WCHA Will Investigate Allegations of Abuse and Fraud
When W CHA has determined that an allegation or referral warrants follow-up, either the staff person who is responsible for the file or a person designated by W CHA to monitor the program compliance, will conduct the investigation. The steps taken will depend upon the nature of the allegation and may include, but are not limited to, the items listed below: 1. Employers and Ex-Employers: Employers or ex-employers may be contacted to
verify wages, which may have been previously undisclosed or misreported.
2. Verification of Credit: In cases where the financial activity conflicts with file data, a Verification of Credit form may be mailed to the creditor in order to determine the unreported income source.
3. Neighbor/W itnesses: Neighbors, and/or other witnesses may be interviewed if
they are believed to have direct or indirect knowledge of facts pertaining to WCHA’s review.
5. Other Agencies: Investigators, caseworkers or representatives of other benefit
agencies may be contacted.
6. Public Records: If relevant, W CHA may review public records kept in any jurisdictional courthouse. Examples of public records which may be checked include: real estate, marriage, divorce, Uniform Commercial Code financing statements, voter registration, judgments, court or police records, state wage records, utility records, and postal records.
7. Head of Household or Family Members: W CHA may discuss the allegation (or details
thereof) with the Head of Household or family member by scheduling an appointment at WCHA office. Under no circumstances will W CHA staff tolerate inflammatory language, accusation, or any unprofessional conduct or language. An additional staff person will attend such interviews.
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8. Inspector General Referrals: W here there is a preponderance of evidence of fraud or program abuse, especially involving large sums of money, W CHA may refer the case to the Inspector General’s Office. Examples of cases which require referral, include: a. Large deposits in assets with no relevant explanation b. Suspected collusion between the owner and tenant c. Evidence of non-residency or subletting d. Engaging in felonious drug-related or criminal activity e. Business generating money f. Unauthorized persons with high income
G Placement of Documents, Evidence and Statements Obtained by
WCHA
Documents and other evidence obtained by W CHA during the course of an investigation will be considered “work product” and will be kept in a separate “work file”. The work file shall be kept in a locked file cabinet. Such cases under review will not be discussed among W CHA staff (unless they are involved in the process), or with individuals outside of W CHA.
H Conclusion of WCHA ’s Investigative Review
At the conclusion of the investigative review, the reviewer will report the findings to the Housing Program Supervisor or designee. It will then be determined whether a violation has occurred, a violation has not occurred, or if the facts are inconclusive.
1. Evaluation of W CHA’s Findings: W CHA’s findings will be evaluated to determine the
following factors: a. The type of violation (non-compliance, fraud); b. W hether the violation was intentional or unintentional; c. W hat amount of money (if any) is owed to W CHA; d. If the family eligible for continued participation;
I Action Procedures for Documented Violations
Once a program violation has been documented, the violation-type will determine the procedure taken by W CHA. Violations shall be classified in the following way:
1. Procedural Non-compliance – Overpaid Housing Assistance: W hen the tenant owes money to W CHA for failure to report changes in income or assets, W CHA will issue a Notice of Overpayment. The Notice of Overpayment will contain the following:
a. A description of the violation and dates; b. The amount owed to WCHA; c. A fifteen-calendar-day response period; d. The right to an Informal Hearing with instructions for the request of such hearing.
2. Tenant Fails to Comply with W CHA Notice: If the Tenant fails to comply with W CHA
notice, and a family obligation has been violated, W CHA will terminate assistance in the manner prescribed by the Administrative Plan.
3. Tenant Complies with W CHA Notice: W hen a tenant complies with W CHA notice,
the staff person responsible will meet with the tenant to discuss and explain the obligation or procedure, which was violated, and the consequences of future violations. The Head and /or co-head of the household will be required to attend the meeting. The staff person will then complete a “Notes to the Case”, give one copy to
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the family, and retain a copy in the tenant file.
4. Intentional Misrepresentations: When a participant falsifies, misstates, omits, or otherwise misrepresents a material fact, which results (or would have resulted) in an overpayment of housing assistance, W CHA must establish: a. The Tenant had Knowledge that their Actions were wrong. This can be
demonstrated by showing that the tenant was made aware of program requirements and prohibitions. The tenant’s signature on various certifications, briefing certificate, Personal Declarations, and “Things You Should Know” Information sheet are adequate to establish knowledge of wrongdoing.
b. The Tenant W illfully Violated the Law. Any of the following circumstances is adequate to demonstrate willful intent: i) An admission by the tenant of the misrepresentation. ii) The act was done repeatedly and not reporting during a regularly
scheduled reexamination. iii) A false name or Social Security Number was used. iv) There were admissions to others of the illegal action or omission. v) The tenant omitted material facts, which were known to them (e.g.,
employment of self or other household member). vi) The tenant falsified, forged or altered documents.
29.1 Program Abuse by Owners
A The following represent examples of program abuse by owners:
1. Collecting extra (“side”) payments in excess of the family’s share of the rent or
requiring the family to perform extraordinary services not included in the rental agreement in lieu of payments.
All extra payments must be approved in advance by WCHA. The only extra payments which can be considered are those for extra amenities which are not included in the rent for any other units in the building and are not included in the rent in other comparable apartments/houses and which are contained in an agreement, signed by tenant and Owner, with a copy furnished to W CHA. Examples include membership fees for swimming pool usage or fees for parking facilities.
2. Collecting assistance payments for units not occupied by HCVP tenants.
3. Collecting false vacancy loss or damage claims.
4. Bribes offered to W CHA employees to certify substandard units as standard and/or
other violations of Housing Quality Standards (HQS), which involve misrepresentation or deceit.
5. Residing in the assisted unit with the family.
B Prevention:
1. WCHA will discuss with the owners’ legal responsibilities with the owner at the time of
the execution of the HAP Contract and in other owner workshops.
2. WCHA will emphasize that appropriate action will be taken if evidence of program abuse is discovered.
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3. WCHA will point out to owners that signature on the HAP Contract constitutes notice of the program abuse requirements.
4. WCHA will periodically remind all participating owners of the Agency’s intent to
eliminate program abuse.
C Cures:
1. If W CHA has reason to believe that the owner may have abused the program, WCHA will initiate action to determine whether there has been abuse. This may include:
a. Obtaining additional information from relevant County agencies and/or where appropriate, from another local agency, such as the Sheriff’s Department, to investigate fraud;
b. Forwarding a summary of findings to the Inspector General’s office for cases where W CHA cannot conduct an initial assessment locally;
c. Discussing the situation with the owner and considering W CHA administrative remedies if the owner’s errors are only minor and appear to be due to a mistake or oversight.
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CHAPTER 30: VIOLENCE AGAINST WOMEN ACT (VAWA)
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Chapter 30. Violence Against Women Act (VAWA)
30.0 Overview
Title VI of the Violence Against Women Act (VAWA) adds a new housing provision that establishes several categories of protected individuals. The Violence Against Women and Justice Department Reauthorization Act of 2005 protects tenant and family members of tenants who are victims of domestic violence, dating violence, or stalking from being evicted or terminated from housing assistance based on acts of such violence against them. These provisions apply both to public housing agencies administering public housing and Section 8 programs and to owners renting to families under Section 8 rental assistance programs.
In general, the law provides in part that criminal activity directly relating to domestic violence, dating violence, or stalking, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of that abuse. The law also provides that an incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease by the victim or threatened victim of that violence and will not be “good cause” for termination of the assistance, tenancy, or occupancy rights of a victim of such violence.
30.1 Prohibition Against Denial Of Assistance To Victims Of Domestic
Violence, Dating Violence, and Stalking [Pub. L. 109-162] The Violence Against Women Reauthorization Act of 2005 (VAWA) prohibits denial of admission to an otherwise qualified applicant on the basis that the applicant is or has been a victim of domestic violence, dating violence, or stalking. Specifically, Section 606(4)(A) of VAWA adds the following provision to Section 8 of the U.S. Housing Act of 1937, which lists contract provisions and requirements for the housing choice voucher program:
That an applicant or participant is or has been a victim of domestic violence, dating violence, or stalking is not an appropriate reason for denial of program assistance or for denial of admission, if the applicant otherwise qualifies for assistance or admission.
Definitions as used in VAWA:
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 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 family 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.
The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship
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The term stalking means:
- To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or
- To place under surveillance with the intent to kill, injure, harass, or intimidate
another person; and
- 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 (1) that person, (2) a member of the immediate family of that person, or (3) the spouse or intimate partner of that person.
The term immediate family member means, with respect to a person:
- A spouse, parent, brother or sister, or child of that person, or an individual to
whom that person stands in the position or place of a parent; or
- Any other person living in the household of that person and related to that person by blood and marriage.
30.2 Implementation
The goal and purpose of this policy enables WCHA to serve the needs of adult and child victims of domestic violence, dating violence, sexual assault or stalking to enhance safety under the Housing Choice Voucher program. First, the Agency will not deny admission to an applicant who has been a victim of domestic violence, dating violence, or stalking. The applicant must comply with all other admission requirements. Also, the Agency will not terminate the assistance to a victim of domestic violence, dating violence, or stalking based solely on an incident or threat of such activity. The Agency still retains the right to terminate assistance for other criminal activity or good cause. All information provided by an applicant or tenant regarding VAWA will be held in strict confidence and will not be shared with any other parties, unless required by law. At this time, the Agency does not intend to put a victim of domestic violence admissions preference in place. The Executive Director will periodically review the need for such preference and may add an admissions preference for victim of domestic violence if a need is determined. To make sure all applicants are aware of the Violence against Women Act, the Agency notifies all applicants of the information included in the Act during the application process.
A. Notification and Victim Documentation
WCHA Policy
The WCHA acknowledges that a victim of domestic violence, dating violence, or stalking may have an unfavorable history that would warrant denial under the WCHA’s policies. Therefore, if the WCHA makes a determination to deny admission to an applicant’s family, the WCHA will include in its notice of denial a statement of the protection against denial provided by VAWA and will offer the applicant the opportunity to provide documentation affirming that the cause of the unfavorable history is that a member of the applicant family is or has been a victim of domestic violence, dating violence, or stalking. The documentation must include:
A signed statement by the victim that provides the name of the perpetrator and certifies that the incidents in question are bona fide incidents of actual or threatened domestic violence, dating violence, or stalking, and If there are concerns about the victim’s credibility, one of the following:
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• A police or court record documenting the actual or threatened abuse, or • A statement signed by an employee, agent or volunteer of a victim service
provider, an attorney, a medical professional or another knowledgeable professional from whom the victim has sought assistance in addressing the actual or threatened abuse. The professional must attest under penalty of perjury that the incidents in question are bona fide incidents of abuse and the victim must sign or attest to the statement.
B. Perpetrator Removal or Documentation of Rehabilitation
WCHA Policy
In cases where an applicant family includes the perpetrator as well as the victim of domestic violence, dating violence, or stalking, the WCHA will proceed as above but will require, in addition, either (a) that the perpetrator be removed from the applicant household and not reside in the assisted housing unit or (b) that the family provide documentation that the perpetrator has successfully completed, or is successfully undergoing, rehabilitation or treatment.
If the family elects the second option, the documentation must be signed by an employee or agent of a domestic violence service provider or by a medical or other knowledgeable professional from whom the perpetrator has sought or is receiving assistance in addressing the abuse. The signer must attest under penalty of perjury to his or her belief that the rehabilitation was successfully completed or is progressing successfully. The victim and perpetrator must also sign or attest to the documentation. This additional documentation must be submitted within the same time frame as the documentation required above from the victim.
C. WCHA Confidentiality Requirements
All information provided to the WCHA regarding domestic violence, dating violence, or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence and may neither be entered into any shared database nor provided to any related entity, except to the extent that the disclosure (a) is requested or consented to by the individual in writing, (b) is required for use in an eviction proceeding, or (c) is otherwise required by applicable law.
30.3 Terminating the Assistance of Domestic Violence, Dating Violence, or
Stalking Victims and Perpetrators [Pub. L. 109-162, Pub. L. 109-271]
The Violence Against Women Reauthorization Act of 2005 (VAWA) provides that “criminal activity directly relating to domestic violence, dating violence, or stalking, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control shall not be a cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of that domestic violence, dating violence, or stalking.”
VAWA also gives WCHA the authority to “terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others, without evicting, removing, terminating assistance to, or otherwise penalizing the victim of such violence who is also a tenant or lawful occupant.”
VAWA does not limit the authority of the WCHA to terminate the assistance of any participant if the WCHA “can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant is not evicted or terminated from assistance.”
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GLOSSARY OF ACRONYMS *
* Please note that selected acronyms are defined in Glossary of Terms
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AAF Annual Adjustment Factor
ACC Annual Contributions Contract
ADA Americans with Disabilities Act of 1990
BR Bedroom
CDBG Community Development Block Grant
CFR Code of Federal Regulations
CPI Consumer Price Index
CR Contract Rent
CSA Community Services Agency (County of Wakulla )
EOHP Equal Opportunity Housing Plan
FDIC Federal Deposit Insurance Corporation
FHA Federal Housing Administration
FICA Federal Insurance Contributions Act – Social Security taxes
FMR Fair Market Rent
FY Fiscal Year
FYE Fiscal Year End
GR Gross Rent
HA Housing Authority
HAP Housing Assistance Payment
HAP Plan Housing Assistance Plan
HCDA Housing and Community Development Amendments of 1981
HCS Housing and Community Services Department (County of Wakulla )
HS Housing Services Department (County of W akulla ) W ebsite
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HCVP Housing Choice Voucher Program
HMS Housing Management Specialist (in a HUD Field Office)
HQS Housing Quality Standards
HSS Housing Support Services
HUD U. S. Department of Housing and Urban Development
HURRA Housing and Urban/Rural Recovery Act of 1983
HV Housing Voucher
IDIS Integrated Disbursement & Information System - HUD
IG Inspector General
IPA Independent Public Accountant
IPS Initial Payment Standard (applies to the Housing Voucher Program)
IRA Individual Retirement Account
IRS Internal Revenue Service
MSA Metropolitan Statistical Area (established by the U.S. Census
Bureau) MTCS Multi-Family Tenant Characteristic System
NOFA Notice of Funding Availability
WCHA Wakulla County Housing Authority
OMB Office of Management and Budget
PBA Project-Based Assistance
PHA Public Housing Agency PMSA Primary Metropolitan Statistical Area (established by the U. S.
Census Bureau) PS Payment Standard
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QC Quality Control
RAD Regional (HUD) Accounting Division
RFP Request for Proposals
RIGI Regional Inspector General for Investigation
RRP Rental Rehabilitation Program
RTA Request for Tenancy Approval
SEMAP Section 8 Management Assessment Program
TANF Temporary Assistance to Needy Families (see Welfare Assistance
under Glossary of Terms) TR Tenant Rent
TTP Total Tenant Payment
UA Utility Allowance
URP Utility Reimbursement Payment
VRS Voice Response System
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GLOSSARY OF TERMS IN SUBSIDIZED HOUSING
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ABSORPTION. In portability (under subpart H of this part 982), the point at which a receiving PHA stops billing the initial PHA for assistance on behalf of a portability family. The receiving PHA uses funds available under the receiving PHA consolidated ACC.
ACCESSIBLE. The facility or portion of the facility can be approached, entered, and used by individuals with a physical disability.
ADJUSTED INCOME. Annual income less allowable HUD deductions.
ADMINISTRATIVE FEE. Fee paid by HUD to the PHA for administration of the program. See §982.152.
ADMINISTRATIVE FEE RESERVE (FORMERLY “OPERATING RESERVE”). Account established by PHA from excess administrative fee income. The administrative fee reserve must be used for housing purposes. See §982.155.
ADMINISTRATIVE PLAN. The plan that describes PHA policies for administration of the tenant- based programs. The Administrative Plan, and any revisions, must be approved by the PHA’s board and a copy submitted to HUD as a supporting document to the PHA Plan. See §982.54.
ADMISSION. The point when the family becomes a participant in the program. The date used for this purpose is the effective date of the first HAP contract for a family (first day of initial rental agreement term) in a tenant-based program.
ANNUAL ADJUSTMENT FACTOR (AAF). A factor published by HUD in the Federal Register, which is used to compute annual rent adjustment.
ANNUAL CONTRIBUTIONS CONTRACT (ACC). A written agreement between HUD and WCHA to provide annual contributions to cover Housing Assistance Payments and other expenses pursuant to the Act.
ANNUAL INCOME. The anticipated total annual income of an eligible family from all sources for the 12-month period following the date of determination of income, computed in accordance with the regulations.
APPLICANT (APPLICANT FAMILY). A family that has applied for admission to a program but is not yet a participant in the program.
AREA EXCEPTION RENT. An amount that exceeds the published FMR. See §982.504(b).
“AS-PAID” STATES. States where the welfare agency adjusts the shelter and utility component of the welfare grant in accordance with actual housing costs.
ASSETS. (See Net Family Assets.)
ASSISTED TENANT. A tenant who pays less than the market rent as defined in the regulations for subsidized projects.
AUXILIARY AIDS. Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving federal financial assistance.
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BUDGET AUTHORITY. An amount authorized and appropriated by the Congress for payment to PHAs under the program. For each funding increment in a PHA program, budget authority is the maximum amount that may be paid by HUD to the PHA over the ACC term of the funding increment.
CHILD. A member of the family other than the family head or spouse who is under 18 years of age.
CHILD CARE EXPENSES. Amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further their education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for child care. In the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income.
CITIZEN. A citizen or national of the United States.
CODE OF FEDERAL REGULATIONS (CFR). Commonly referred to as “the regulations”. The CFR is the compilation of federal rules, which are first published in the Federal Register and define and implement a statute.
CO-HEAD. An individual in the household who is equally responsible for the rental agreement with the head of household. A family may have a co-head or spouse but not both. A co-head never qualifies as a dependent.
COMMON SPACE. In shared housing, space available for use by the assisted family and other occupants of the unit.
COMPUTER M ATCH. The automated comparison of data bases containing records about individuals.
CONFIRM ATORY REVIEW. An on-site review performed by HUD to verity the management performance of a PHA.
CONGREGATE HOUSING. Housing for elderly persons or persons with disabilities that meets the HQS for congregate housing. A special housing type: see §982.606 to §982.609.
CONSENT FORM. Any consent form approved by HUD to be signed by assistance applicants and participants to obtain income information from employers and SW ICAs; return information from the Social Security Administration (including wages, net earnings from self-employment, and retirement income); and return information for unearned income from the IRS. Consent forms expire after a certain time and may authorize the collection of other information to determine eligibility or level of benefits.
CONSUMER PRICE INDEX (CPI). CPI is published monthly by the Department of Labor as an inflation indicator.
CONTIGUOUS METROPOLITAN STATISTICAL AREA (MSA). In portability (under subpart H of part 982), an MSA that shares a common boundary with the MSA in which the jurisdiction of the initial PHA is located.
CONTINUOUSLY ASSISTED. An applicant is continuously assisted under the 1937 Act if the family is already receiving assistance under any 1937 Act program when the family is admitted to the Voucher program.
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CONTRACT. (See Housing Assistance Payments Contract.)
CONTRACT AUTHORITY. The maximum annual payment by HUD to a PHA for a funding increment.
CONTRACT RENT (CR). In the Section 8 Rental Assistance Program or HCVP, contract rent is the total rent paid to the owner, including the tenant payment and the HAP payment from W CHA.
COOPERATIVE HOUSING. Housing owned by a nonprofit corporation or association, and where a member of the corporation or association has the right to reside in a particular apartment, and to participate in management of the housing. A special housing type: see §982.619.
DEPENDENT. A member of the family household (excluding foster children) other than the family head or spouse, who is under 18 years of age or is a disabled person, or is a full-time student 18 years of age or over.
DISABLED FAMILY. A family whose head, spouse, or sole member is a person with disabilities; or two or more persons with disabilities living together; or one or more persons with disabilities living with one or more live-in aides.
DISABLED PERSON. See Person with Disabilities.
DISPLACED PERSON. “Displaced person” means a person 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 pursuant to federal disaster relief laws.
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. An individual who is at least 62 years old.
ELIGIBLE FAMILY. See Family.
EMPLOYER IDENTIFICATION NUMBER (EIN). The nine-digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation.
EVIDENCE OF CITIZENSHIP OR ELIGIBLE STATUS. The documents that must be submitted to evidence citizenship or eligible immigration status. (See §5.508(b).)
EXCEPTION PAYMENT STANDARDS. Allows higher rental assistance subsidies in higher rent locations to increase the number of affordable housing opportunities and to promote the deconcentration of poverty areas. Specifically, this represents a payment standard based on 111% to 120% of an area FMR, which requires specific approval from HUD. Note: W CHA does not currently use Exception Rents within its jurisdiction.
EXTREMELY LOW INCOME FAMILY. A family whose annual income does not exceed 30 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30 percent of median income if HUD finds such variations are necessary due to unusually high or low family incomes (CFR 5.603).
FAIR HOUSING ACT. Refers to Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.
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FAIR M ARKET RENT (FMR). The rent limit published in the Federal Register for Section 8 HCVP, which includes utilities (except telephone) and ranges and refrigerators. It is used as a standard to obtain privately owned, existing, decent, safe, and sanitary rental housing of modest (non-luxury) nature with suitable amenities. Separate FMRs are established for dwelling units of varying sizes (number of bedrooms) and types. In the Voucher Program, it is used as a cap for the payment standard, used in the ACC calculation of subsidy dollars, and is used to calculate the administrative fee. For the Section 8 HCVP, the FMR is to be published by HUD annually in the Federal Register to be effective October 1.
FAMILY. The family must quality as a family defined by W CHA and HUD. A “family” consists of one or more persons living together: (1) Two or more persons sharing residence whose income and resources are available to meet the family’s needs and who are either related by blood, marriage, or have evidenced a stable family relationship, for the past twelve months; (2) an elderly family or single person; (3) disabled family; (4) the remaining member of a tenant family; and (5) a displaced family.
FAMILY RENT TO OWNER. In the Voucher program, the portion of rent to owner paid by the family.
FAMILY SELF-SUFFICIENCY (FSS). Program designed to help families participating in the HCVP to become employed by providing education and training in order to become economically independent of public assistance.
FAMILY SHARE. The portion of rent and utilities paid by the family. For calculation of family share, see §982.515(a).
FAMILY UNIFICATION PROGRAM (FUP). A federal rental assistance program to assist in the reunification of children and families/emancipated youth.
FAMILY UNIT SIZE. The appropriate number of bedrooms for a family as determined by the PHA under the PHA subsidy standards.
FEDERAL AGENCY. A department of the executive branch of the federal government.
FOSTER CHILDCARE PAYMENT. Payment to eligible household by state, local, or private agencies appointed by the state to administer payments for the care of foster children.
FULL-TIME STUDENT. A person who is carrying a subject load that is considered full-time for students under the standards and practices of the educational institution attended, an educational institution includes a vocational school with a diploma or certificate program, as well as an institution offering a college degree.
FUNDING INCREMENT. Each commitment of budget authority by HUD to a PHA under the consolidated annual contributions contract for the PHA program.
GENERAL COUNSEL. The General Counsel of HUD.
GROSS RENT (GR). The sum of the contract rent and the utility allowance. If there is no utility allowance, contract rent equals gross rent.
GROUP HOME. A dwelling unit that is licensed by a state as a group home for the exclusive residential use of two to twelve persons who are elderly or persons with disabilities (including any live-in aide). A special housing type: see §982.610 to §982.614.
HEAD OF HOUSEHOLD. The head of household is the person who assumes legal and financial responsibility for the household and is listed on the application as head.
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HOMELESS. Section 103 of the Stuart B. McKinney Act (42 USC 11302) states that the term "homeless" includes an individual who lacks a fixed, regular, and adequate nighttime residence: and an individual who has a primary nighttime residence that is: a) a supervised publicly or privately operated shelter designated to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); b) an institution that provides temporary residence for individuals intended to be institutionalized; c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. NOTE: a, b, or c must be located within the jurisdictions served by the W akulla County Housing Authority.
HOUSING AND COMMUNITY DEVELOPMENT ACT (HCDA). The Housing and Community Development Act of 1974 in which the U. S. Housing Act of 1937 (sometimes referred to as the Act) was re-codified and added to Section 8 Programs.
HOUSING SERVICES DEPARTMENT WEBSITE. The Website address is http://www.m ywakulla.com.
HOUSING AND URBAN/RURAL RECOVERY ACT (HURRA). The Housing and Urban/Rural Recovery Act of 1983 legislation that resulted in most of the 1984 HUD regulation changes to the definition of income, allowances, and rent calculations.
HOUSING ASSISTANCE PAYMENT (HAP). The payment made by W CHA to the owner of a unit under rental agreement by an eligible family, as provided in the HAP Contract. The payment is the difference between contract rent (rent to owner in the Voucher program) and tenant rent.
HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP CONTRACT). For Section 8 HCVP Assistance, the Housing Assistance Payment Contract which is executed by W CHA and owner pursuant to which W CHA makes HAP payments on behalf of an eligible family paid by W CHA . The HAP payment is the difference between the contract rent and the tenant rent.
HOUSING ASSISTANCE PLAN. A Housing Assistance Plan submitted by a local government participating in the Community Development Block Program as part of the block grant application.
HOUSING QUALITY STANDARDS (HQS). Uniform minimum standards established by HUD for determining whether a unit is decent, safe and sanitary.
HUD. The Department of Housing and Urban Development or its designee.
IMPUTED ASSET. Asset disposed of for less than fair market value during two years preceding examination or reexamination.
IMPUTED INCOME. HUD passbook rate times total cash value of assets. Calculation used when assets exceed $5,000.
INCOME. Income from all sources of each member of the household as determined in accordance with criteria established by HUD.
INCOME FOR ELIGIBILITY. Annual Income.
INCOME INFORM ATION. Means information relating to an individual’s income, including: All employment income information known to current or previous employers or other income sources.
All information about wages as defined in the state’s unemployment compensation law, including any Social Security number; name of the employee; quarterly wages of the employee; and the name, full address, telephone number, and when known, Employer Identification Number, of an employer reporting wages under a state unemployment compensation law.
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INCOME INFORMATION cont., Whether an individual is receiving, has received, or has applied for unemployment compensation, and the amount and the period received.
Unearned IRS income and self-employment, wages, and retirement income. Wage, social security, and supplemental security income data obtained from the Social Security Administration.
INDIVIDUAL WITH HANDICAPS. Any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.
INFORM AL HEARING. An opportunity to consider whether Housing Authority decisions relating to the individual circumstances of a participant family are in accordance with the law, HUD regulations, and PHA policies affecting a participant family’s assistance. (see 24CFR982.555). Such proceedings are conducted by an impartial person who was not involved in the decision or action taken by the Housing Authority.
INITIAL PAYMENT STANDARD (IPS). The payment standard at the beginning of the HAP contract term.
INITIAL PUBLIC HOUSING AGENCY. In portability, the term refers to both: A PHA that originally selected a family that later decides to move out of the jurisdiction of the selecting PHA; and, A PHA that absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA.
INITIAL RENT TO OWNER. The rent to owner at the beginning of the HAP contract term.
JURISDICTION. The area in which the PHA has authority under state and local law to administer the program.
LIVE-IN AIDE. A person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: Is determined to be essential to the care and wellbeing of the persons; is not obligated for the support of the persons; and; would not be living in the unit except to provide the necessary supportive services.
LOCAL PREFERENCE. A preference used by the PHA to select among applicant families.
LOW INCOME FAMILY. A family whose income does not exceed 80% of the median income for the area as determined by HUD with adjustments for smaller or larger families except that HUD may establish income limits higher or lower than 80% on the basis of its findings that such variations are necessary because of the prevailing levels of construction costs or unusually high or low incomes.
M ANUFACTURED HOME. A manufactured structure that is built on a permanent chassis, is designed for use as a principal place of residence, and meets the HQS. A special housing type: see §982.620 and §982.621.
M ARKET RENT. The rent HUD authorizes the owner of FHA insured/subsidized multi-family housing to collect from families ineligible for assistance.
MEDICAL EXPENSES. Those total medical expenses, including medical insurance premiums, that are anticipated during the period for which Annual Income is computed, and that are not covered by insurance. A deduction for elderly or disabled households only. These allowances are given when calculating adjusted income for medical expenses in excess of 3% of annual income.
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MINOR. A member of the family household (excluding foster children) other than the family head or spouse who is under 18 years of age.
MIXED FAMILY. A family whose members include those with citizenship or eligible immigration status, and members without citizenship or eligible immigration status.
MOBILITY. Portability outgoing and incoming HCVP tenants who move from/to the Tallahassee Housing Authority, Jefferson County Housing Authority or W akulla County Housing Authority.
MONTHLY ADJUSTED INCOME. One-twelfth (1/12) of the adjusted income.
MONTHLY INCOME. One-twelfth (1/12) of annual income.
MULTI-FAMILY TENANT CHARACTERISTIC SYSTEM (MTCS). Part of W CHA monthly statistics generated and sent to HUD as part of the SEMAP performance rating system.
NATIONAL. A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession.
NET FAMILY ASSETS. (1) Net cash value after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment, excluding interests in Indian trust land and excluding equity accounts in HUD homeownership programs. The value of necessary items of personal property such as furniture and automobiles shall be excluded. In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. Any income distributed from the trust fund shall be counted when determining annual income under §5.609. In determining net family assets, PHAs or owners, as applicable, shall include the value of any business or family assets disposed of by an applicant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application for the program or reexamination as applicable, in excess of the consideration received. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or tenant receives important consideration not measurable in dollar terms.
NONCITIZEN. A person who is neither a citizen nor national of the United States.
NOTICE OF FUNDING AVAILABILITY (NOFA). For budget authority that HUD distributes by competitive process, the Federal Register document that invites applications for funding. This document explains how to apply for assistance and the criteria for awarding the funding.
OPERATING RESERVE. See "Administrative Fee Reserve".
OWNER. Any persons or entity having the legal right to lease or sublease housing. This term means either the owner of the property or their representative, or the managing agent or their representative, as designated by the owner.
PARTICIPANT. A family that has been admitted to the PHA program and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the PHA for the family (first day of initial rental agreement term).
PAYMENT STANDARD. The amount used to calculate the housing assistance a family will receive in W CHA ’s Housing Choice Voucher Program.
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PERSON WITH DISABILITIES. A person who has a disability as defined in 42 U.S.C. 423 or a developmental disability as defined in 42 U.S.C. 6001. Also includes a person who is determined, under HUD regulations, to have a physical or mental impairment that is expected to be of long-continued and indefinite duration, substantially impedes the ability to live independently, and is of such a nature that the ability to live independently could be improved by more suitable housing conditions. For purposes of reasonable accommodation and program accessibility for persons with disabilities, means an “individual with handicaps” as defined in 24 CFR 8.3. Definition does not exclude persons who have AIDS or conditions arising from AIDS, but does not include a person whose disability is based solely on drug or alcohol dependence (for low-income housing eligibility purposes). See “individual with handicaps”.
PORTABILITY. Renting a dwelling unit with HCVP assistance outside the jurisdiction of the initial PHA.
PRE-APPLICATION (PRE-APP). Individuals or families who have filed their preliminary applications and are placed on W CHA’s W aiting List for certification as a HCV program tenant.
PREMISES. The building or complex in which the dwelling unit is located, including common areas and grounds.
PRINCIPLE PLACE OF RESIDENCE. The assisted family must use the assisted unit for residence by the family. The unit must be the family’s only residence. If the family is absent from the unit, then it will be considered to not be their principle place of residence. Examples of such proof of absences are utilities have been turned off, household furnishings have been removed, mail has been forwarded or not collected, family members are absent for more than 30 consecutive days, or the Owner or others have reported the family has left the assisted unit.
PUBLIC ASSISTANCE. Welfare or other payments to families or individuals, based on need, which are made under programs funded, separately or jointly, by federal, state, or local governments.
PUBLIC HOUSING AGENCY (PHA). Any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities, that is authorized to engage or assist in the development or operation of low-income housing under the 1937 Act.
PUBLIC HOUSING AGENCY PLAN. The annual plan and the 5-year plan as adopted by the PHA and approved by HUD.
PUBLIC HOUSING AGENCY’S QUALITY CONTROL SAMPLE. An annual sample of files or records drawn in an unbiased manner and reviewed by the PHA supervisor (or by another qualified person other than the person who performed the original work) to determine if the work documented in the files or records conforms to program requirements. For minimum sample size see CFR 985.3.
PUBLIC HOUSING COVERED PROGRAMS. The public housing programs administered by the Assistant Secretary for Public and Indian Housing under Title I of the 1937 Act. This definition does not encompass HUD’s Indian Housing programs administered under Title II of the 1937 Act. Further, this term does not include those programs providing assistance under Section 8 of the 1937 Act. (See “Section 8 Covered Programs”).
REASONABLE ACCOMMODATION. No qualified individual with a disability shall, solely on the basis of the disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives federal financial assistance from HUD. For purposes of reasonable accommodation and program accessibility, an "individual with a disability" is any person who has a physical or mental impairment that
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substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment (24 CFR 8.3). The definition does not exclude persons who have AIDS or conditions arising from AIDS, but does not include a person whose disability is based solely on drug or alcohol dependence (for low-income housing eligibility purposes).
RECEIVING PUBLIC HOUSING AGENCY (PHA). In portability: A PHA that receives a family selected for participation in the tenant-based program of another PHA. The receiving PHA issues a certificate or voucher and provides program assistance to the family.
REEXAMINATION. Sometimes called recertification. The process of securing documentation of total family income used to determine the rent the tenant will pay for the next 12 months if there are not additional changes to be reported. There are annual and interim reexaminations.
REGIONAL INSPECTOR GENERAL FOR INVESTIGATION (RIGI). Handles fraud and program abuse matters for HUD at the Regional Office level.
REM AINING MEMBER OF TENANT FAMILY. Person left in assisted housing who may or may not normally qualify for assistance on their own circumstances.
RENT TO OWNER. The total amount of rent payable to the owner by the family and W CHA per month for an assisted unit.
RENT REASONABLENESS CERTIFICATION. During the initial rental agreement inspection and/or special inspection thereafter, W CHA shall perform a rent reasonableness certification. Such certification shall be determined by comparison of the proposed rent to other unassisted units. To make this determination, W CHA will consider the location, quality, size, unit type, and age of the contract unit and any amenities, housing services, maintenance and utilities to be provided by the owner in accordance with the rental agreement
RENTAL AGREEMENT. A written agreement between an owner and an eligible family for the leasing of a housing unit. The Section 8 Housing Choice Voucher Program has a Tenancy Addendum to the rental agreement that has mandatory language, which must be incorporated into any rental agreement WCHA uses.
REQUEST FOR TENANCY APPROVAL (RTA). An WCHA leasing form that is completed and submitted by the eligible family to the Field Representative to request inspection of a potential rental unit.
RESPONSIBLE ENTITY. For the public housing, Section 8 tenant-based assistance, project- based assistance, and moderate rehabilitation programs, the responsible entity means the PHA administering the program under an ACC with HUD. For all other Section 8 programs, the responsible entity means the Section 8 owner.
RESTRICTED PAYMENT STANDARD. HUD allows Housing Authorities the discretion to employ higher rental assistance subsidies (up to 110% of the area FMR) in higher rent locations to increase the number of affordable housing opportunities and to promote the deconcentration of poverty areas. W CHA may employ Restricted Payment Standard in various “high-cost” areas within its jurisdiction (110% of FMR in selected areas).
SECRETARY. The Secretary of Housing and Urban Development.
SECTION 8. Section 8 of the United States Housing Act of 1937.
SECTION 8 COVERED PROGRAMS. All HUD programs which assist housing under Section 8 of the 1937 Act, including Section 8 assisted housing for which loans are made under section 202 of the Housing Act of 1959.
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SECTION 8 M ANAGEMENT ASSESSMENT PROGRAM (SEM AP). A method by which HUD will rate W CHA ’s performance in administering the Section 8 rental assistance program.
SECURITY DEPOSIT. A dollar amount (maximum set according to the regulations), which can be used for unpaid rent or damages to the owner upon termination of the rental agreement.
SERVICE PERSON. A person in the active military or naval service (including the active reserve) of the United States.
SINGLE PERSON. A person living alone or intending to live alone.
SOCIAL SECURITY NUMBER (SSN). The nine-digit number that is assigned to a person by the Social Security Administration and that identifies the record of the person’s earnings reported to the Social Security Administration. The term does not include a number, with a letter as a suffix that is used to identify an auxiliary beneficiary.
SPOUSE. The husband or wife of the head of the household.
STABLE FAMILY RELATIONSHIP. (See also: Family) Two or more persons sharing residence whose income and resources are available to meet the family’s needs and have evidenced this relationship for the past twelve months or longer.
SUBSIDIZED PROJECT. A multi-family housing project (with the exception of a project owned by a cooperative housing mortgage corporation or association) that receives the benefit of subsidy in the form of: Below-market interest rates pursuant to Section 221(d)(3) and (5) or interest reduction payments pursuant to Section 236 of the National Housing Act; or Rent supplement payments under Section 101 of the Housing and Urban Development Act of 1965; or Direct loans pursuant to Section 202 of the Housing Act of 1959; or Payments under the Section 23 Housing Assistance Payments Program pursuant to Section 23 of the United States Housing Act of 1937 prior to amendment by the Housing and Community Development Act of 1974; or Payments under the Section 8 Housing Assistance Payments Program pursuant to Section 8 of the United States Housing Act after amendment by the Housing and Community Development Act unless the project is owned by a Public Housing Agency; or A Public Housing Project.
SUBSIDY STANDARDS. Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions.
SUSPENSION. Stopping the clock on the term of a family’s Voucher after the family submits a request for tenancy approval.
TENANCY ADDENDUM. For the Housing Choice Voucher program, the rental agreement language required by HUD in the rental agreement between the tenant and the owner.
TENANT. The person or persons (other than a live-in aide) who execute the rental agreement as lessee of the dwelling unit.
TENANT-BASED. The family may receive tenant-based assistance to lease a unit located: Anywhere within the initial PHA’s jurisdiction. Outside the initial PHA’s jurisdiction under the portability requirements.
TENANT RENT. (Formerly called Net Family contribution.) The amount payable monthly by the family as rent to the owner. In the Voucher Program, tenant rent is rent to owner less HAP.
TERM OF RENTAL AGREEMENT. The amount of time a tenant agrees in writing to live in a dwelling unit.
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TOTAL TENANT PAYMENT (TTP). The total amount the HUD rent formula requires the tenant to pay toward rent and utilities.
UNIT. Residential space for the private use of a family. The size of a unit is based on the number of bedrooms contained within the unit and generally ranges from zero (0) bedrooms to six (6) bedrooms.
UTILITIES. Utilities means water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection and sewage services. Telephone service is not included as a utility.
UTILITY ALLOWANCE. If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the contract rent, but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by a PHA or HUD of a reasonable consumption of such utilities and other services for the unit by an energy conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthy living environment.
UTILITY REIMBURSEMENT. In the Voucher program, the portion of the housing assistance payment which exceeds the amount of rent to owner.
VERY LOW INCOME FAMILY. A low-income family whose annual income does not exceed 50% of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50% of the median income for the area on the basis of its finding that such variations are necessary because of unusually high or low family incomes. This is the income limit for the pre-merger Certificate and Voucher programs.
VETERAN. A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released there from under conditions other than dishonorable.
VIOLENT CRIMINAL ACTIVITY. Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.
VOUCHER (HOUSING CHOICE VOUCHER or HCV). A document issued by a PHA to a family selected for admission to the Housing Choice Voucher program. This document describes the program and the procedures for PHA approval of a unit selected by the family. The Voucher also states obligations of the family under the program.
VOUCHER HOLDER. A family holding a voucher with an unexpired term (search time).
VOUCHER PROGRAM. The Housing Choice Voucher program.
WAITING LIST ADMISSION. An admission from the PHA W aiting List.
WELFARE ASSISTANCE. Income assistance from federal or state welfare programs, including assistance provided under Temporary Assistance for Needy Families (TANF) and general assistance. Does not include assistance directed solely to meeting housing expenses, nor programs that provide health care, childcare or other services for working families.
WELFARE-TO-WORK (WTW) FAMILY. A family assisted by a PHA with Voucher funding awarded to the PHA under the HUD W elfare-to-W ork Voucher program (including any renewal of such W TW funding for the same purpose).
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 10, 2013 To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator
Jessica Welch, Communications & Public Services Director Subject: Request Board Approval of the 2014 Board of County Commissioners
Meeting Calendar Statement of Issues: This agenda item requests Board approval of the 2014 Board of County Commissioners Meeting Calendar. Background: Since December 2009, the Board has been conducting the regular Board Meetings on the 1st and 3rd Mondays of each month and the Workshops on the Thursday that coincides with the first monthly Board meeting. Analysis: This agenda item seeks Board approval of the 2014 BOCC meeting calendar. Staff is recommending continuing holding the Board of County Commissioner Meetings on the 1st and 3rd Mondays of each month with the exception of July & December where the Board holds only one meeting during these two months, and with the exception of Holidays that fall on Mondays. In addition to the Board meetings, staff is recommending Board workshops be held on the Thursday that coincides with the first monthly Board meeting. Staff is requesting approval of the proposed 2014 Board Meeting Calendar (Attachment #1). Budgetary Impact: None. Options: 1. Approve the proposed 2014 Board Meeting Calendar. 2. Do not approve the 2014 Board Meeting Calendar. 3. Board Direction. Recommendation: Option #1 Attachment(s): 1. Proposed 2014 Board Meeting Calendar 2. 2014 Holiday Schedule
Regular Board Meeting and Holiday Schedule
January 2014 – December 2014
January 2014 February 2014 March 2014 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 1 1
2014 Wakulla County Holiday Schedule January 1, 2014 New Year’s Day January 20, 2014 Martin Luther King Jr. Day February 17, 2014 President’s Day April 18, 2014 Good Friday May 26, 2014 Memorial Day July 4, 2014 Independence Day September 1, 2014 Labor Day November 11, 2014 Veterans Day November 27-28, 2014 Thanksgiving (2 days) December 25 & 26, 2014 Christmas (2 days) December 31, 2014 New Year’s Eve
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 10, 2013 To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator
James Melvin, Building Official Jaime Baze, Code Enforcement Office
Subject: Request Board Approval to Schedule and Advertise a Public Hearing to
Consider an Ordinance Amending Chapter 8 of the Wakulla County Code of Ordinances
Statement of Issue:
This item requests Board approval to schedule and advertise a public hearing to consider an ordinance (Attachment #1) creating a section 8.099 relating to the county’s authority to abate violations that present a threat to public health, safety or welfare; amending the emergency measures provision found in section 8.052; and amending the penalties of code enforcement violations found in section 8.067 of the Wakulla County Code of Ordinances. Background:
On February 11, 2011, the Board adopted Chapter 8 of the Wakulla County Code of Ordinances establishing Code Enforcement regulations and procedures. At the BOCC workshop on June 3, 2013, the Board determined that certain amendments to Chapter 8, Article V of the Wakulla County Code of Ordinances are required in order to more effectively enforce its code enforcement provisions. Analysis:
The specific revisions included in the proposed ordinance are as follows:
• Creation of section 8.009 of the Wakulla County Code of Ordinances relating to violations that presents a threat to public health, safety or welfare.
o Upon providing the owner notice and an opportunity to cure, the county is authorized to perform the work necessary to abate a violation that presents a threat to public
Request Board Approval to Schedule and Advertise a Public Hearing to Consider an Ordinance Amending Chapter 8 of the Wakulla County Code of Ordinances October 21, 2013 Page 2
health, safety or welfare. The county’s costs of performing such work shall be assessed against the property pursuant to Chapter 15 of the County Code.
• Amends section 8.052 of the Wakulla County Code of Ordinances relating to emergency measures involving dangerous buildings to be consistent with the new section 8.009 above.
• Amends section 8.067 of Wakulla County Code of Ordinances relating to code enforcement penalties by authorizing the County Attorney to initiate foreclosure proceedings after three months from the filing of any code enforcement lien which remains unpaid. Further, this ordinance corrects a typo that was previously contained in section 8.067.
Budgetary Impact: The budget will be impacted by approximately $100.00 to advertise the public hearing in the Wakulla News. Options 1. Approve to schedule and advertise a public hearing to consider an Ordinance
amending Chapter 8 of the Wakulla County Code of Ordinances.
2. Do not approve to schedule and advertise a public hearing to consider an Ordinance amending Chapter 8 of the Wakulla County Code of Ordinances.
3. Board Direction.
Recommendation
Option #1 Attachments:
1. Proposed Ordinance
1
ORDINANCE NO. 2013-______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, CREATING SECTION 8.009 OF THE WAKULLA COUNTY CODE OF ORDINANCES RELATING TO THE COUNTY’S AUTHORITY TO ABATE CODE VIOLATIONS THAT PRESENT A THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE; AMENDING SECTION 8.052 OF THE WAKULLA COUNTY CODE OF ORDINANCES PERTAINING TO EMERGENCY MEASURES INVOLVING DANGEROUS STRUCTURES; AMENDING SECTION 8.067 OF THE WAKULLA COUNTY CODE OF ORDINANCES PERTAINING TO PENALITIES OF CODE ENFORCEMENT VIOLATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
RECITALS:
WHEREAS, the Board of County Commissioners (“Board”) of Wakulla County adopted Chapter 8 of the Wakulla County Code of Ordinances establishing Code Enforcement regulations and procedures; and
WHEREAS, the Board desires to authorize the County Attorney to initiate foreclosure proceedings after three months from the filing of certain code enforcement liens which remain unpaid; and
WHEREAS, in order to protect the health, safety and welfare of the public, the Board
finds it necessary to authorize the County, in limited circumstances, to take all necessary steps to bring a property into compliance and assessing such costs against the property; and
WHEREAS, the Board determines that certain amendments to Chapter 8 of the Wakulla
County Code of Ordinances are required in order to more effectively enforce its code enforcement provisions; and
WHEREAS, the Board further finds and determines that adoption of the amendments
provided for herein is necessary and in the best interest of the citizens of Wakulla County, Florida.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Wakulla County, Florida, that: ARTICLE 1. INCORPORATION OF RECITALS. The above recitals are
true and correct and are hereby incorporated by reference.
2
ARTICLE 2. CREATION OF SECTION 8.009 OF THE WAKULLA COUNTY CODE OF ORDINANCES. The Board hereby creates a new section 8.009 of the Wakulla County Code of Ordinances, to read as follows:
Section 8.009 – Violations that present a threat to public health, safety or welfare
(a) When, in the opinion of a code official, there is a violation that presents threat to public health, safety or welfare, the code official shall provide the owner with a notice of violation ordering the owner to perform the necessary work to cure the violation within a specified time not to exceed ten (10) days. If the property owner contests the code official’s opinion that a threat to public health, safety or welfare exists, the property owner shall request a hearing before the code enforcement board within the ten-day period.
(b) In the event the owner fails to perform the necessary work or fails to contest the code official’s opinion within the ten-day period, the county is authorized to go upon the premises and perform the necessary work to abate the violation. Costs incurred in the performance of necessary work shall initially be paid by the county. The county’s costs of performing the necessary work shall be assessed against the property pursuant to Chapter 15 of this Code.
ARTICLE 3. AMENDMENT OF SECTION 8.052 OF THE WAKULLA
COUNTY CODE OF ORDINANCES: The Board hereby amends Section 8.052 of the Wakulla County Code of Ordinances, concerning Emergency Measures, as follows:
Section 8.052 – Emergency Measures.
(a) When, in the opinion of the appropriate code official, there is imminent danger of fire, failure, or collapse of a building or structure which endangers life, or when any portion of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the structure's occupants or those in the proximity because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, or any other dangerous conditions, the code official is hereby authorized and empowered to order and require the occupants to vacate the property immediately. The code official shall cause a notice to be posted at each entrance to such property informing all persons that it is unlawful for any person to enter such structure except for the purpose of
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securing the structure, making the required repairs, removing the hazardous condition or demolition.
(b) Notwithstanding other provisions of this article, whenever, in the opinion
of the code official, the violation, or condition causing the violation presents a serious threat to the public health, safety, or welfare, there is imminent danger due to the condition of property, the code official shall order the owner to perform the necessary work to remedy the code violation, within a specified period of time not to exceed ten days, or the code official shall may take all steps required for performance of the necessary work. If the property owner contests the code official's opinion that a serious threat to the public health, safety, or welfare exists an imminent danger exists
, the property owner shall request a hearing from the code enforcement board within the ten-day period.
(c) When necessary for public safety, the code official shall temporarily close structures requiring action under this section and close, or order the authority having jurisdiction to close, sidewalks, streets, public rights-of-way, and places adjacent to such structures, and prohibit the same from being utilized.
(d) Costs incurred in the performance of emergency work shall initially be
paid by the county.
The code official's order shall be presented to the code enforcement board at the next available code enforcement board meeting for consideration of the imposition of fines and costs, including the costs of performing the emergency work, which such costs and fines may be included in a lien against the real property on which the structure is or was located if the code official's order and finding of imminent danger is confirmed by the code enforcement board.
(stricken words indicate deletions, underlined
words indicate additions)
ARTICLE 4. AMENDMENT OF SECTION 8.067 OF THE WAKULLA COUNTY CODE OF ORDINANCES: The Board hereby amends Section 8.067 of the Wakulla County Code of Ordinances, concerning Penalties, as follows:
Section 8.067. - Penalties.
(a) The board, upon notification by the code inspector that an order of the board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine
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in an amount specified in this chapter for each day the violation continues past the date set by the board for compliance or, in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator. If a finding of a violation or a repeat violation has been made as provided in this section, a hearing shall not be necessary for the issuance of an order imposing a fine. In addition, if the violation is a violation described in F.S. § 162.06(4), the board shall notify the county, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost for the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine.
(b) A fine imposed pursuant to this section shall not exceed $250.00 per day
for a first violation and shall not exceed $500.00 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (a) of this section.
(c) In determining the amount of the fine, if any, the board shall consider the
following factors:
(1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator.
(d) The board may reduce a fine imposed pursuant to this section. (e) A certified copy of an order imposing a fine may be recorded in the public
records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon a petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three months from the filing of any such lien which remains unpaid, the board may authorize the county attorney to foreclose on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real
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property which is a homestead under article X, § 4 of the Florida Constitution. A lien arising from a fine imposed pursuant to this division, runs in favor of the county and the county may execute a satisfaction or release of lien entered pursuant to this division. After three months from the filing of any such lien which remains unpaid, the board may authorize the county attorney is authorized to pursue foreclosure on the lien after a determination that the property value, the status and amount of other liens and other relevant factors weigh in favor of the county being able to recover its fines and associated costs.
No lien created pursuant to the provision of this part may be foreclosed on real property which is homestead under article X, § 4 of the State Constitution.
(f) No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including reasonable attorney fees, that it incurs in the foreclosure. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
(g) The county shall be entitled to collect all costs incurred in recording and
satisfying a valid lien.
(stricken words indicate deletions, underlined
words indicate additions)
ARTICLE 5. CODIFICATION IN THE CODE OF ORDINANCES. It is the
intention of the Board, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Wakulla County Code of Ordinances, and that the sections of this Ordinance may be renumbered to accomplish such intent.
ARTICLE 6. SEVERABILITY. Should any section or provision of this
Ordinance or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid.
ARTICLE 7. EFFECTIVE DATE. A certified copy of this Ordinance shall
be effective 10 days after its enactment by the Board and filing with the Department of State.
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PASSED AND DULY ENACTED by the Board of County Commissioners of Wakulla County, Florida in regular session, this ____ day of ______________, 2013. WAKULLA COUNTY BOARD OF COUNTY COMMISSIONERS _________________________________ Randy Merritt, Chairman ATTEST: Brent X. Thurmond Clerk of Court APPROVED AS TO FORM AND CONTENT: ________________________________ Heather J. Encinosa County Attorney
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 10, 2013 To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator
Heather J. Encinosa, County Attorney James Melvin, Building Official Jaime Baze, Code Enforcement Officer
Subject: Request Board Approval to Schedule and Advertise a Public Hearing to
Consider an Ordinance Relating to Property Abatement Assessments Statement of Issue: This agenda item requests Board approval to direct staff to advertise and schedule a public hearing to consider an ordinance relating to Property Abatement Assessments (Attachment #1). Background: Due to concerns regarding code violations that present a threat to public health, safety or welfare, the Board directed the County Attorney’s Office to draft a new ordinance that would allow the County to recover any costs incurred by the County in bringing a property into compliance. Analysis: The proposed ordinance creates a new section 15.028 of the Wakulla County Code of Ordinances, which authorizes the County to impose property abatement assessments against properties in violation of the Wakulla County Code of Ordinances that require the County to perform any work necessary to bring the property into compliance. The proposed ordinance establishes notice procedures and collection methods applicable to property abatement assessments. Budgetary Impact: The budget will be impacted by approximately $100.00 to advertise the public hearing in the Wakulla News. Options:
1. Advertise and Schedule a Public Hearing to Consider an Ordinance Relating to Property Abatement Assessments.
2. Do not Advertise and Schedule a Public Hearing to Consider an Ordinance Relating to
Request Board Approval to Advertise and Schedule a Public Hearing to Consider an Ordinance Relating to Property Abatement Assessments October 21, 2013 Page 2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, CREATING SECTION 15.028 OF THE WAKULLA COUNTY CODE OF ORDINANCES PERTAINING TO PROPERTY ABATEMENT ASSESSMENTS; ESTABLISHING NOTICE PROCEDURES AND COLLECTION METHODS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
RECITALS:
WHEREAS, the Board of County Commissioners (“Board”) of Wakulla County adopted Chapter 15 of the Wakulla County Code of Ordinances establishing master capital project and special assessments; and
WHEREAS, the Board finds it prudent and necessary to recover any costs incurred by the County in bringing a property into compliance by assessing such costs against the property, which may be collected pursuant to Section 197.3632, Florida Statutes; and
WHEREAS, the Board determines that certain amendments to Chapter 15 of the
Wakulla County Code of Ordinances are required in order to assess properties which receive a special benefit from the work performed by the County; and
WHEREAS, the Board further finds and determines that adoption of the amendments
provided for herein is necessary and in the best interest of the citizens of Wakulla County, Florida.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Wakulla County, Florida, that: ARTICLE 1. INCORPORATION OF RECITALS. The above recitals are
true and correct and are hereby incorporated by reference.
ARTICLE 2. CREATION OF SECTION 15.028 OF THE WAKULLA
COUNTY CODE OF ORDINANCES: The Board hereby creates a new section 15.028 of the Wakulla County Code of Ordinances, concerning Property Abatement Assessments, to read as follows:
Section 15.028 – Property Abatement Assessments. (a) The Board is hereby authorized to impose property abatement assessments
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against properties in violation of the Wakulla County Code of Ordinances that require the county to perform any work necessary to bring the property into compliance.
(b) Any costs incurred by the county, including all actual, administrative, and collection costs, may be assessed against the property as a special assessment pursuant to Florida law and, if not paid, may be collected as provided in subsection (f) below. Under no circumstances shall any fines or penalties be included in such special assessment.
(c) A notice of the special assessment shall be provided to the property owner
at the address on record with the Wakulla County Property Appraiser’s office specifying: (1) the violation that was repaired or abated, (2) the address and parcel identification number of the property, (3) the actual cost of the repair or abatement, (4) the amount of administrative costs, (5) a statement that if not paid in full or an appeal is not filed in writing with the County Administration office within thirty (30) days, a lien shall be recorded against the property, which lien shall be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and (6) the date by which the cost of the repair or abatement must be paid. The only issue to be determined on appeal is whether or not the costs in the notice are the actual costs incurred by the county and/or if the notice describes the proper property and owners.
(d) If not appealed or paid after thirty (30) days of the notice, a final notice
meeting the requirement outlined in subparagraph (c) above, shall be provided to the property owner.
(e) If not paid after thirty (30) days of the final notice, a claim of lien for
special assessment shall be recorded in the official records of Wakulla County. The lien created shall be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments. The lien created hereby shall accrue from date of repair or abatement at an interest rate equal to the amount of interest payable on a judgment lien pursuant to Section 55.03, Florida Statutes, as it may be amended from time to time, until such time as the costs of repair or abatement are placed on the assessment roll as defined by Section 15.001 of the Wakulla County Code of Ordinances. The lien created hereby shall bear, on its face, the rate of interest that is payable on the lien. The failure to bear the rate of interest on the lien shall not invalidate the lien. The rate of interest shall be established on the date the violation is repaired or abated by the
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county.
(f) If not paid after thirty (30) days of the final notice, the county shall also annually follow the procedures outlined in Chapter 15 of this Code to collect the actual costs of repairs or abatements, plus reasonable administrative and collection costs as a non-ad valorem assessment.
ARTICLE 3. CODIFICATION IN THE CODE OF ORDINANCES. It is the intention of the Board, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Wakulla County Code of Ordinances, and that the sections of this Ordinance may be renumbered to accomplish such intent.
ARTICLE 4. SEVERABILITY. Should any section or provision of this
Ordinance or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid.
ARTICLE 5. EFFECTIVE DATE. A certified copy of this Ordinance shall
be effective 10 days after its enactment by the Board and filing with the Department of State. PASSED AND DULY ENACTED by the Board of County Commissioners of Wakulla
County, Florida in regular session, this ____ day of ______________, 2013. WAKULLA COUNTY BOARD OF COUNTY COMMISSIONERS _________________________________ Randy Merritt, Chairman ATTEST: Brent X. Thurmond Clerk of Court APPROVED AS TO FORM AND CONTENT: ________________________________ Heather J. Encinosa County Attorney
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: September 23, 2013 To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator
Cleve Fleming, Public Works Director Subject: Request Board Approval of the Small County Outreach Program (SCOP)
Agreement for Roadway Widening and Resurfacing for County Road 373 (Springhill Road)
Statement of Issue: This agenda item is requesting Board approval of the Small County Outreach Program (SCOP) Agreement for roadway widening and resurfacing for County Road 373 (Springhill Road). Background: The Florida Department of Transportation ranks the projects based on a road rating system to be compared to all Small County roads in District 4 for selection. The Board submitted County Road 373 (Springhill Road) for consideration through FDOT Grant Program Funding Agreements. This road has heavy traffic volume and is currently in poor condition with regard to both cracking and rutting. Improvements to this County maintained roadway will be of tremendous benefit to the community of Wakulla County. Analysis: Staff is requesting approval of the FDOT SCOP Roadway Improvement Project Agreement for County Road 373 (Springhill Road) in the amount of $723,347.00. Staff is also requesting approval of the Preble Rish Task Order #13-114 for design services for County Road 373 (Springhill Road) in the amount of $90,418.00. Upon approval of this project an ITB will be advertised and will come back to the Board at a future meeting to be awarded for construction. Budgetary Impact: The only budgetary impact associated with this item will be approximately $100.00 for advertisement of the ITB in the Wakulla News. This Roadway Improvement will be fully funded through the Florida Department of Transportation Incentive, SCOP. Grant funds to include the Preble-Rish Task Order.
Agenda Request: Request Board Approval of the Small County Outreach Program (SCOP) Agreement for Roadway Widening and Resurfacing for County Road 373 (Springhill Road) October 21, 2013 Page 2
Options: 1. Approve the SCOP Roadway Improvement Agreement for County Road 373 (Springhill
Road), approve the Preble Rish Task Order #13-114 for design services, approve the Budget Amendment and Resolution to accept funds, and approve for staff to advertise the ITB.
2. Do not approve the FDOT SCOP Roadway Improvement Agreement for County Road 373 (Springhill Road), do not approve the Preble Rish task order #13-114 for design services, do not approve the Budget Amendment and Resolution to accept funds, and do not approve for staff to advertise the ITB.
3. Board Direction.
Option #1. Recommendation:
Attachment(s): 1. Small County Outreach Program (SCOP) Agreement for County Road 373 2. Resolution to Accompany SCOP Agreement 3. Preble-Rish Task Order #13-114 4. Budget Amendment and Resolution
Florida Statutes: 334.044(7)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SMALL COUNTY OUTREACH PROGRAM AGREEMENT (Project Administered by County)
850-035-01 PAVEMENT MANAGEMENT
OGC – 02/13 Page 1 of 11
Financial Project No.: 433351-1-58-01 Catalog of State Financial Assistance No.: 55009
This Small County Outreach Program Agreement (this “Agreement”) is made this day of , 2013 between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and Wakulla County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY". W I T N E S S E T H
WHEREAS, the DEPARTMENT has the authority, under Section 334.044(7), Florida Statutes, to enter into this Agreement; and
WHEREAS, the Small County Outreach Program has been created within the DEPARTMENT pursuant to Section 339.2818, Florida Statutes, to provide funds to counties to assist small counties in resurfacing or reconstructing county roads or in constructing capacity or safety improvements to county roads; and
WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2818, Florida Statutes; and
WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance, under Financial Project No. 433351-1-58-01, widening and resurfacing County Road 373 (Springhill Road) from State Road 267 to the Leon County Line, hereinafter referred to as the “PROJECT,” in accordance with Section 339.2818, Florida Statutes; and
WHEREAS, the COUNTY by Resolution No. dated the day of , 2013 , a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners or County Manager to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: 1. SERVICES AND PERFORMANCE
A. The COUNTY shall furnish the services with which to construct the PROJECT. Said PROJECT shall consist of the actions and services described in Exhibit B, attached hereto and made a part hereof. The scope of work shall clearly establish the tasks to be performed pursuant to Section 215.971, Florida Statutes.
B. The COUNTY shall be responsible for the construction of the PROJECT in accordance with all applicable federal, state and local laws, rules and regulations, including COUNTY’S standards and specifications. The COUNTY shall be responsible for obtaining clearances/permits required for the construction of the PROJECT from the appropriate permitting authorities. Upon completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the COUNTY’S standards and specifications.
C. The DEPARTMENT will be entitled at all times to be advised, upon request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT.
D. The DEPARTMENT must approve any consultant and/or contractor scope of services prior to advertising by the COUNTY. The DEPARTMENT’S approval must be obtained before selecting any consultant and/or contractor for the PROJECT. The COUNTY must certify that the consultant has been selected in accordance with the Consultants’ Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor must be prequalified by the DEPARTMENT pursuant to Section 337.14, Florida Statutes, and Rule Chapter 14-22, Florida Administrative Code for projects meeting the thresholds therein.
Florida Statutes: 334.044(7) 850-035-01
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E. The COUNTY shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the COUNTY during the term of the contract; and shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.
F. The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior
written consent of the DEPARTMENT.
G. The COUNTY shall require quantifiable units of deliverables pursuant to Section 215.971, Florida Statutes. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating successful completion of each deliverable. Said deliverables are described in Exhibit C, attached hereto and made a part hereof.
H. Notices under this Agreement shall be in writing and shall be considered effective upon delivery by United States mail, facsimile, or overnight courier to the individuals listed below as follows: TO DEPARTMENT: TO COUNTY: Florida Department of Transportation
Program Management Office
PO Box 607
Chipley, Florida 32428
2. TERM
A. The COUNTY shall commence the PROJECT activities subsequent to the execution of this Agreement and shall be performed in accordance with the following schedule:
i) Design to be completed on or before January 31, 2014. ii) Construction contract to be let on or before March 31, 2014. iii) Construction to be completed on or before December 31, 2014.
B. The COUNTY agrees to complete the PROJECT on or before December 31, 2014. If the COUNTY does not complete the PROJECT within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the COUNTY and granted in writing by the DEPARTMENT prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the PROJECT. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the DEPARTMENT.
C. This Agreement shall not be renewed. Any extension which shall be for no more than six (6)
months shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 3. COMPENSATION AND PAYMENT
A. The DEPARTMENT will fund 75% of the estimated cost of the PROJECT. The parties agree the
total estimated project cost is Nine Hundred Sixty Four Thousand Four Hundred Sixty One Dollars and Eighty Seven Cents ($964,461.87). Please see Exhibit B. The parties further agree that the DEPARTMENT’s maximum participation is Seven Hundred Twenty Three Thousand Three Hundred Forty Seven Dollars ($723,347.00) and all remaining costs of the PROJECT will be borne by the COUNTY.
Florida Statutes: 334.044(7) 850-035-01
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B. The COUNTY shall submit one invoice (3 copies) plus supporting documentation required by the DEPARTMENT to the Project Manager, at the address stated in Paragraph 1.G for approval and processing:
monthly, or once the PROJECT has been accepted by the COUNTY and approved by the DEPARTMENT.
C. The COUNTY’S matching participation is in the form of:
Funds equal to 25% of the project costs plus the remaining portion of the accepted bid amount exceeding the DEPARTMENT’S participation.
In-kind services equivalent to 25% of the project costs plus the remaining portion of the accepted bid amount exceeding the DEPARTMENT’S participation as detailed in Exhibit .
Combination of funds and in-kind services equivalent to 25% of the project costs plus the remaining portion of the accepted bid amount exceeding the DEPARTMENT’S participation as detailed in Exhibit .
D. Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the DEPARTMENT’S Comptroller under Section 334.044 (29), Florida Statutes. Any provisions for an advance payment are provided in Exhibit N/A , attached hereto and made a part of this Agreement.
E. In the event the COUNTY proceeds with the design, construction and construction engineering inspection services (“CEI”) of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit therof. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the DEPARTMENT’S Travel Form No. 300-000-01 and will be paid in accordance with Section 112.061, Florida Statutes.
F. The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT.
G. The COUNTY must submit the final invoice to the DEPARTMENT within 180 days after the final acceptance of the project.
H. Participants providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has 5 working days to inspect and approve the goods and services. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved.
I. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Participant. Interest penalties of less than one (1) dollar will not be enforced unless the Participant requests payment. Invoices that have to be returned to a Participant because of Participant preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT.
J. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state Agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
K. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final
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payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the COUNTY'S general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs.
L. In the event this contract for services is in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
“The DEPARTMENT [Department of Transportation], during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year.” M. The DEPARTMENT’S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Florida Legislature.
N. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.
O. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 4. INDEMNITY AND INSURANCE
A. The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/subconsultants, who perform work in connection with this Agreement:
"The contractor/consultant shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees." B. LIABILITY INSURANCE: The COUNTY shall carry or cause its contractor/consultant to carry and
keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. In addition to any other forms of insurance or bonds required under the terms of the agreement, when it includes construction within the limits of a railroad right-of-way, the COUNTY must provide or cause its contractor to provide insurance coverage in accordance with Section 7-13 of the DEPARTMENT’S Standard Specifications for Road and Bridge Construction (2010), as amended.
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C. WORKER'S COMPENSATION: The COUNTY shall also carry or cause its contractor/consultant to carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. 5. COMPLIANCE WITH LAWS
A. The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT.
B. The COUNTY shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under this Agreement.
C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency.
D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out in Section 337.274, Florida Statutes. 6. COMPLIANCE WITH FLORIDA SINGLE AUDIT ACT
A. The administration of funds awarded by the DEPARTMENT to the COUNTY may be subject to audits and/or monitoring by the DEPARTMENT as described in this section.
B. MONITORING. In addition to reviews of audits conducted in accordance with U.S. Office of Management and Budget (“OMB”) Circular A-133 and Section 215.97, Florida Statutes, as revised (see “AUDITS” below), monitoring procedures may include, but are not limited to, on-site visits by DEPARTMENT staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the COUNTY agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the COUNTY is appropriate, the COUNTY agrees to comply with any additional instructions provided by the DEPARTMENT staff to the COUNTY regarding such audit. The COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the DEPARTMENT’S Office of Inspector General (“OIG”) and Florida’s Chief Financial Officer (“CFO”) or Auditor General.
C. AUDITS. Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes) are to have audits done annually using the following criteria:
i. In the event that the COUNTY expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year, the COUNTY must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the COUNTY shall consider all sources of State financial assistance, including State financial assistance received from the DEPARTMENT, other state agencies, and other nonstate entities. State Financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements.
ii. In connection with the audit requirements addressed in paragraph 6.C.i, the COUNTY shall
ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental agencies) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
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iii. If the COUNTY expends less than $500,000 in State financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the COUNTY elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from the COUNTY’s resources obtained from other than State entities).
iv. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it.
D. OTHER AUDIT REQUIREMENTS. The COUNTY shall follow up and take corrective action on
audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the DEPARTMENT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official.
E. REPORT SUBMISSION. i. Copies of financial reporting packages required by paragraph 6.C of this agreement shall be
submitted by or on behalf of the COUNTY directly to each of the following:
a. The DEPARTMENT at each of the following addresses: Florida Department of Transportation Attention: Financial Services Office 1074 Highway 90 Chipley, Florida 32428 b. The Auditor General’s Office at the following address: Auditor General’s Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450
ii. Copies of reports or the management letter required by Paragraph 6.D of this Agreement shall be submitted by or on behalf of the COUNTY directly to:
a. The DEPARTMENT at each of the following addresses:
Florida Department of Transportation Attention: Financial Services Office 1074 Highway 90 Chipley, Florida 32428
iii. Any reports, management letter, or other information required to be submitted to the
DEPARTMENT pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
iv. The COUNTY, when submitting financial reporting packages to the DEPARTMENT for audits
done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the
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date that the reporting package was delivered to the COUNTY in correspondence accompanying the reporting package.
F. RECORD RETENTION. The COUNTY shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five (5) years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor General access to such records upon request. The COUNTY shall ensure that audit working papers are made available to the DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period of at least five (5) years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. 7. TERMINATION AND DEFAULT
A. This Agreement may be terminated by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. This Agreement may be canceled by the COUNTY upon sixty (60) days written notice to the DEPARTMENT.
B. If the Agreement is terminated before performance is completed, the COUNTY shall be paid 75% of the work satisfactorily performed through date of termination.
C. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the
DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT.
D. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
E. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. 8. MISCELLANEOUS
A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.
B. The DEPARTMENT shall not be obligated or liable hereunder to any party not a party to this
Agreement. C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or
be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default.
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D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith.
E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of
competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement.
F. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida, or as otherwise agreed to by the parties.
G. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPARTMENT.
The remainder of this page intentionally left blank.
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IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed on its behalf this
day of , 2013 , by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number of the Board on the day of , 2013, and the DEPARTMENT has executed this Agreement through its District Secretary for District Three, Florida Department of Transportation, this day of , 2013 . WAKULLA COUNTY, FLORIDA ATTEST: (SEAL) BY:
CLERK CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) BY:
EXECUTIVE SECRETARY DISTRICT SECRETARY, DISTRICT THREE
District Construction/Maintenance Legal Review: Engineer Approval:
Availability of Funds Approval:
(Date)
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EXHIBIT A FEDERAL and/or STATE resources awarded to the COUNTY pursuant to this agreement should be listed below. If the resources awarded to the COUNTY represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the COUNTY represent more than one program, list applicable compliance requirements for each program in the same manner as shown here:
(e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc…)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the COUNTY to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1. 2. 3. STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount FDOT 55.009 Small County Outreach Program $723,347.00 Compliance Requirements 1. See attachment for Compliance Supplement 2. 3. Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1. 2. 3. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit A be provided to the COUNTY.
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EXHIBIT B
Engineer’s Opinion of Probable Costs to Widen and Resurface County Road 373 (Springhill Road) from State Road 267 to the Leon County Line
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RESOLUTION 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE AND ENTER INTO THE "STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION SMALL COUNTY OUTREACH PROGRAM AGREEMENT FOR COUNTY ROAD 373 (SPRINGHILL ROAD); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Wakulla County, Florida, has requested the State of Florida, Department of
Transportation, for financial assistance for costs directly related to the widening/resurfacing of County Road 373 (Springhill Road), from State Road 267 (Bloxham Cutoff Road) to the Leon County Line (the "Project"); and
WHEREAS, the State of Florida, Department of Transportation, is willing to provide the County with financial assistance under Financial Project No. 433351-1-58-01 for costs directly related to the widening/resurfacing of County Road 373 (Springhill Road), from State Road 267 (Bloxham Cutoff Road) to the Leon County Line; and
WHEREAS, the State of Florida Department of Transportation, has requested that Wakulla County enter into a "State of Florida, Department of Transportation, Small County Outreach Program Agreement", attached hereto; and
WHEREAS, the State of Florida, Department of Transportation, Small County Outreach Program Agreement", requires that a Resolution be passed by the Board of County Commissioners of Wakulla County, Florida, to execute and enter into the "State of Florida, Department of Transportation, Small County Outreach Program Agreement.”
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Wakulla County, Florida as follows: Section 1. The Chairman of the Board of County Commissioners of Wakulla County,
Florida, is authorized to enter into and execute the "State of Florida, Department of Transportation, Small County Outreach Program Agreement" for Financial Project No. 433351-1-58-01.
Section 2. This resolution shall take effect immediately upon its passage and
adoption.
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PASSED AND ADOPTED at Wakulla County, Florida this day of , 2012.
WAKULLA COUNTY BOARD OF COUNTY COMMISSIONERS RANDY MERRITT, Chairman
ATTEST: APPROVED AS TO FORM: BRENT X. THURMOND, Clerk of Court HEATHER J. ENCINOSA, County Attorney
0362-DOT-14.7000.000.334492 State Grant - SCOP 0 723,347 723,347
0362-DOT-14.7000.541.5630 Capital Outlay - Infrastructure 0 723,347 723,347
000000000
Total: 0 1,446,694 0 1,446,694
Justification:
Date of BOCC Action: 10/21/2013
Department Authorization:
Date:
OMB Authorization:
Date:
BUDGET AMENDMENT
Grant funds not anticipated in final FY13-14 budget
Finance
WAKULLA COUNTY RESOLUTION #___________
WHEREAS, The Board of County Commissioners of Wakulla County, Florida has received funds from sources not anticipated in its budget for 2013-14 and WHEREAS, those funds hereinafter described were received for a particular purpose; and WHEREAS, Chapter 129.06, Florida Statutes, provides that the Budget Officer at any time within a fiscal year may amend a budget for that year when there is a receipt of funds from a source not anticipated in the budget and for a particular purpose, and expend it for a particular purpose; and WHEREAS, there is provision for such receipts and appropriations to be added to the budget of the proper fund: NOW, THEREFORE, The Board of County Commissioners does RESOLVE that the following described funds be appropriated and expended for the purpose indicated: 362-DOT-14.7000.000.334492 SCOP-Spring Hill Road $723,347.00 362-DOT-14.7000.541.5630 Capital Outlay - Infrastructure $723,347.00 Authorized and directed to add said receipts and appropriations to the budget of the proper fund. PASSED AND ADOPTED, on this the ______ day of __________________, 2013 _________________________________ Randall Merritt, Chairman Wakulla County, Florida For 2013-2014 budget year ATTEST: ______________________________ Brent X. Thurmond, Clerk of Court APPROVED AS TO FORM ONLY: _______________________________ Heather Encinosa, Esquire County Attorney
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013
Date Submitted: October 10, 2013
To: Honorable Chairman and Members of the Board
From: Jerry Moore, Commissioner District 4
Subject: Request Board Approval to Negotiate a Land Purchase for a New Recreation Facility
Statement of Issue: This agenda requests Board approval to negotiate a land purchase for a new recreation facility to be centrally located in Wakulla County. Background: Our current recreation facility is in need of some major renovations and improvements. It is becoming more difficult each year to accommodate all County youth who wish to be involved in recreational activities. There is not adequate space to affectively provide a wide range of activities. It has been determined there is property located on Shadeville Hwy. for which could facilitate an additional recreation park for Wakulla County. Analysis: Property has been located on Shadeville Hwy. This property is 157 acres and is owned by Capital City Bank. At this time I am requesting approval to negotiate a possible land purchase and financing terms agreement. Upon approval by the Board a draft agreement will come back for consideration at a future Board meeting. Budgetary Impact: There is no budgetary impact at this time however; once the agreement comes back to the Board a purchase price will be included. Options: 1. Approve to negotiate a land purchase for a new recreation facility at the property located on
Shadeville Rd. 2. Do not approve to negotiate a land purchase for a new recreation facility at the property
located on Shadeville Rd. 3. Board Direction.
Option #1 Recommendation:
Request Board Approval to Award RFP #2013-23 to NXC North America for a Destination Management System October 21, 2013 Page 2
Attachment(s):
1. Property Descriptions
Board of County Commissioners Agenda Request
Date of Meeting: October 21, 2013 Date Submitted: October 10, 2013
To: Honorable Chairman and Members of the Board
From: Randy Merritt, Chairman
Subject: Request Board Approval to Amend the Employment Agreement for the
County Administrator Statement of Issue: This agenda item requests Board Approval to Amend the Employment Agreement for the County Administrator. Background: On June 21, 2011 the Board voted to approve J. David Edwards to serve as County Administrator. At that time the Board voted that the County Administrator shall be entitled to all benefits provided to County employees such as participation in the Florida Retirement System, paid holidays in addition to legal defense while acting in his official capacity as County Administrator. Additional benefits include (1) the use of a county vehicle; and (2) a county issued cell phone. Sick and Annual leave benefits currently follow those listed in the Personnel Policy for all employees who serve as Senior Managers. Analysis: The proposed employment agreement includes a provision to allow the County Administrator to continue accruing 15 hrs per month (current rate) but increases the cap for leave payout from 240 hrs to 480 hrs should this agreement be terminated; sick leave will continue to accrue at 8 hrs per month, again changing the cap to 25% of 480 hrs in lieu of the current 240 hrs cap as mandated in the current BoCC Personnel Policy. The second amendment relates to the issue of termination of employment: in the event that the Board terminates the County Administrator “without cause” then the Board shall pay the County Administrator severance for twenty (20) weeks of salary and any unpaid leave benefits as referenced in the above paragraph. No severance shall exceed that which is allowed per Florida Statutes. Should the Board terminate the County Administrator “for cause” then the Board shall have no
Agenda Request: Request Board Approval to Amend the Employment Agreement for the County Administrator. October 21, 2013 Page 2
obligation to pay the twenty (20) weeks of salary or unpaid leave benefits. “For Cause” is defined in the agreement. Budgetary Impact: None at this time. Options: 1. Approve County Administrator’s Employment Contract Amendment. 2. Do Not Approve County Administrator’s Employment Contract Amendment. 3. Board Direction
Recommendation: Option #1. Attachment(s):
1. Amended County Administrator Employment Agreement
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AMENDED EMPLOYMENT AGREEMENT FOR WAKULLA COUNTY ADMINISTRATOR
THIS AGREEMENT is made and entered into on this _______ day of ________ 2013, by and between WAKULLA COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners (hereinafter referred to as the "Board") and JOSEPH DAVID EDWARDS (hereinafter referred to as the "County Administrator").
WITNESSETH:
WHEREAS, on June 21, 2011, the Board voted to appoint Joseph
David Edwards to serve as County Administrator, effective October 1, 2011; and
WHEREAS, on September 6, 2011, the parties entered into an
Employment Agreement; and WHEREAS, the parties desire to amend the Employment Agreement
to include a severance and leave pay-out provisions.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises which the parties have set forth herein, the sufficiency of same being acknowledged, the Board and the County Administrator agree as follows:
Section 1. Recitals.
The above recitals are true and correct and are incorporated by
reference herein.
Section 2. Powers and Duties of the County Administrator.
The Board hereby agrees to employ Joseph David Edwards as County Administrator for Wakulla County, and the County Administrator agrees to perform the functions and duties of County Administrator, as required by Florida law, the Wakulla County Charter, as set forth this Agreement, and as established by the Board from time to time. The County Administrator shall also be responsible to the Board for the proper administration of all affairs and matters of the Wakulla County government, except the County Attorney.
Section 3. Compensation and General Existing Benefits.
(A) The Board agrees to pay the County Administrator for his
services rendered pursuant to this Agreement an annual base salary of Eighty-Two Thousand Eight Hundred Thirty and 00 Dollars ($82,830.00). The County Administrator shall receive the annual salary payable as with other regular employees of the County.
(B) The County Administrator shall be entitled to all other benefits
provided to other County employees, such as participation in the Florida
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Retirement System, paid holidays, and other benefits which are provided to the County Administrator as detailed in this Agreement, which specifically include:
(i) A county take-home vehicle; and
(ii) A county cell phone; (iii) Annual Leave: The County Administrator shall accrue fifteen (15) hours of annual leave per month. There shall be no limitation placed on the amount of annual leave that may be carried over from one year to the next. Upon termination of this Agreement, the County Administrator shall be paid for all accrued annual leave up to 480 hours. (iv) Sick Leave: The County Administrator shall accrue eight (8) hours of sick leave per month. There shall be no limitation placed on the amount of sick leave that may be carried over from one year to the next. Upon termination of this Agreement, the County Administrator shall be paid for 25% of all accrued sick leave up to 480 hours.
Section 4. Key Employee Retention.
In order to assume continuity, and to induce key employees such as
the County Administrator to remain with Wakulla County, the following additional benefits are conferred:
(A) In accordance with Section 111.07, Florida Statutes, the Board
shall also defend, save harmless, and indemnify the County Administrator against any complaint, claim, suit, action, demand, and/or liability arising out of any act, alleged act, alleged failure to act, omission or any other incident, involving or arising out of the scope of his employment and/or the performance of his duties as County Administrator. The Board's duty as stated above shall survive the termination of Mr. Edward's contract and his employment as County Administrator.
(B) The Board shall not at any time during the term of this
Agreement reduce the salary, compensation, or other financial benefits of the County Administrator, except to the degree of such a reduction across-the-board for all employees of the Board.
Section 5. Termination of Employment.
(A) It is understood and agreed that the Board will be the sole
judge as to the effectiveness and efficiency with which the County Administrator performs his employment. The County Administrator serves at the pleasure of the majority of the Board of County Commissioners.
(B) The County Administrator may be removed from his position
at any time by a majority vote of the full five members of the Board of
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County Commissioners at any regularly scheduled meeting.
1. In the event the Board terminates the County Administrator without cause, then the Board shall pay the County Administrator severance for twenty (20) weeks of salary and unpaid benefits. However, no severance shall exceed that which is allowed pursuant to Section 215.425, Florida Statutes.
2. In the event the Board terminates the County Administrator for cause, the Board shall have no obligation to pay the amounts outlined in Section 5.(B).1. of this Agreement. For purposes of this Agreement, “for cause” is defined as any of the following:
a. Misfeasance, malfeasance and/or nonfeasance in
performance of his duties and responsibilities as County Administrator;
b. Conviction of a misdemeanor or felony crime, whether or not adjudication is withheld;
c. Neglect of duty including the inability or unwillingness to properly discharge the responsibilities of office;
d. Violation of any substantive County policy, rule or regulation which would subject any other County employee to termination;
e. The commission of any fraudulent act against the interest of the County;
f. The commission of any act which involves moral turpitude or which causes the County disrepute;
a.g. Any other act of a similar nature of the same or greater seriousness.
(C) In the event that the County Administrator seeks to cease
employment with Wakulla County, for any reason, he shall do so by providing the Chairman with a minimum sixty (60) days’ advance notice of his resignation in writing.
(D) The County Administrator agrees that during his tenure as
County Administrator he shall not have or hold any employment or contractual relationship with any business entity which shall come before the Board for any development agreement approval. The County Administrator also agrees that he shall not personally come before the Board for any development agreement approval, with the possible exception of any permit request(s) to the Board, or their designated agency, to develop his own "homestead" property within Wakulla County.
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Section 6. Applicability.
The provisions of this section are intended to supersede the provisions of the personnel policies manual or any other provisions in the Board's policies or personnel rules in conflict herewith.
Dated this ________ day of _____________, 2013.
Attest: WAKULLA COUNTY, FLORIDA ________________________ ___________________________ BRENT X. THURMOND RANDY MERRITT Clerk of Court Chairman Approved as to form and legal sufficiency: ________________________ HEATHER J. ENCINOSA County Attorney
